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In this article, unless the context otherwise requires:
Sec. 28-15(1). "Best value" means a technique in the competitive sealed bid process which permits the evaluation of objective criteria to determine the best overall value to the city.
Sec. 28-15(2). "Discussions" means communication with an offeror, bidder or respondent for the purpose of:
(a) Eliminating minor irregularities, informalities, or apparent clerical mistakes in the offer or response;
(b) Clarifying any offer or response to assure full understanding of, and responsiveness to, solicitation requirements;
(c) Resolving minor variations in contract terms and conditions; or
(d) Establishing the competency or financial stability of any offeror, bidder or respondent.
Sec. 28-15(3). "Invitation for bid" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in section 28-17.
Sec. 28-15(4). "Invitation for reverse auction bids" means all documentation, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with procedures prescribed in section 28-24.
Sec. 28-15(5). "Minor informality" means mistakes, or non-judgmental errors, that have negligible effect on price, quantity, quality, delivery, or other contractual terms and the waiver or correction of such mistakes does not prejudice other bidders, offerors or respondents.
Sec. 28-15(6). “Negotiations” means an exchange of information or any form of cooperation during which the offeror and the city may alter or otherwise change the scope of work, conditions, terms, and price, unless prohibited, of the proposed contract.
Sec. 28-15(7). "Proposal revision" means a change to a proposal made after the solicitation closing date, at the request of or as allowed by a contract officer, as the result of negotiation.
Sec. 28-15(8). "Request for proposals" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in section 28-18.
Sec. 28-15(9). "Request for qualifications" means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting responses from qualified respondents in accordance with article V.
Sec. 28-15(10). "Request for quotation" means a process for small purchases as defined in section 28-16.
Sec. 28-15(11). “Responsible bidder, offeror, or respondent” means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.
Sec. 28-15(12). “Responsive bidder “ means a person who submits a bid which conforms in all material respects to the invitation for bids.
Sec. 28-15 (13). “Reverse auction” means an electronic auction in which the role of the buyer and seller are reversed. In an ordinary auction (also known as a forward auction), buyers compete to obtain a good or service. In a reverse auction, sellers compete to obtain business. Bids shall be publicly posted throughout the auction to encourage competition.
Sec. 28-15(14). “Solicitation” means an invitation for bids, a request for technical proposals, a request for proposals, a request for qualifications, a request for quotations, an invitation for reverse auction bids or any other invitation or request by which the city invites a person to participate in a procurement.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
All contracts of the city shall be awarded by one of the methods of source selection specified in this chapter and by the dollar thresholds specified herein.
Sec. 28-16(1). Small purchases. A small purchase is any contract not exceeding the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code. Small purchases may be made in accordance with the small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to constitute a small purchase under this section.
Sec. 28-16(1)(a). Small purchases under ten thousand dollars ($10,000.00). The director shall adopt operational procedures for making small purchases of ten thousand dollars ($10,000.00) or less.
Sec. 28-16(1)(b). Small purchases over ten thousand dollars ($10,000.00). Insofar as it is practical for small purchases in excess of ten thousand dollars ($10,000.00) but less than the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code, a request for quotation shall be solicited from no less than three (3) businesses. Award shall be made to the responsible respondent, whose offer is most advantageous to the city and conforms in all material respects to the small purchase requirements. The responses shall be maintained as a public record.
Sec. 28-16(2). Consideration of taxes in small purchases. In evaluating small purchases, except for procurement of construction, for purposes of evaluating price, the director shall include the amount of applicable business privilege tax. The amount of a city's business privilege tax shall not be included in the evaluation except in those instances in which the award is between a Tucson bidder and an Arizona-based, non-Tucson bidder. In this event, the applicable city business privilege tax shall be included in the non-Tucson bidder's price for evaluation purposes only.
Sec. 28-16(3). Purchases exceeding the small dollar threshold: Purchases that exceed the dollar amount prescribed in A.R.S. § 41-2535(A) of the Arizona Procurement Code shall be made in accordance with one of the procedures authorized in the following sections: 28-17 (competitive sealed bidding), 28-18 (competitive sealed proposals), 28-21 (sole source procurements), 28-22 (emergency procurements), 28-23 (special procurements), 28-24 (competitive reverse auctions), 28-48 (procurement of professional design services), and 28-50 (procurement of construction services).
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-17(1). Invitation for bids.
(a) Competitive sealed bids shall be solicited through an invitation for bids. The invitation for bids shall include specifications and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference.
(b) A prequalification process may be conducted prior to the issuance of an invitation for bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the contract officer shall only consider bids that are submitted from prequalified bidders.
Sec. 28-17(2). Public notice. Notice of the invitation for bids shall be electronically posted and the invitation for bids shall be available for public inspection not less than fourteen (14) days prior to the date set forth therein for the opening of bids. A shorter time may be deemed necessary for a particular procurement as determined in writing by the director. The public notice shall state the place, date, and time of bid opening.
Sec. 28-17(3). Late bids. A bid is late if it is received at the location designated in the invitation for bids after the time and date set for bid opening. The department's clock is the governing clock. A late bid shall be rejected. A late bid shall not be opened except for, if necessary, identification purposes. Such bids may be returned to the bidder. Bidders submitting bids that are rejected as late shall be so notified.
Sec. 28-17(4). Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder and the amount of each bid, as well as other relevant information as the director deems appropriate shall be recorded. Unless otherwise determined by the director, this record shall be open to public inspection. In the event no attendees are present for bid opening, the sealed bids shall be opened by the department and a "bid" or "no bid" may be recorded on the tabulation sheet. The bid may then be given to the appropriate person for recording. The attendance sheets will indicate that there were no attendees present. Unless otherwise determined by the director, the bids shall not be opened for public inspection until after a contract is awarded. After a notice of intent to award is issued, or in the absence of a notice of intent to award, after final execution of the contract, the bids shall be available for public inspection, except to the extent that the withholding of information is permitted or required by law. If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions in accordance with section 28-5.
Sec. 28-17(5). Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitations for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the invitation for bids.
Sec. 28-17(6). Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the department prior to the time set for bid opening.
Mistakes discovered after bid opening may be modified or withdrawn only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other bid provisions prejudicial to the interest of the city or fair competition shall be permitted. In lieu of bid correction, a bidder alleging a mistake may be permitted to withdraw its bid if:
(a) The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
(b) The bidder submits evidence that clearly and convincingly demonstrates that a mistake was made.
All decisions to permit the correction or withdrawal of bids, or to cancel awards based on bid mistakes, shall be supported by a written determination made by the director.
Sec. 28-17(7). Contract award.
(a) General. The contract shall be awarded by appropriate notice to the lowest responsible and responsive bidder whose bid conforms in all material respects to requirements and criteria set forth in the invitation for bids.
(b) Contract award based on best value. Notwithstanding section 28-17(7)(a), the contract may be awarded on best value analysis provided that the criteria for analysis was included in the invitation for bids in accordance with section 28-17(1). The contract shall be awarded by appropriate written notice to the responsive, responsible bidder whose bid is determined to be the best value to the city and that conforms in all material respects to requirements and criteria set forth in the invitation for bids.
(c) Procurement of recycled material. If the price of recycled material, which conforms to specifications, is within ten (10) percent of a low bid material, which is not recycled, and the recycled material bidder is otherwise the lowest responsible and responsive bidder, the award shall be made to the bidder offering the recycled material. The director is authorized to purchase recycled material where the price differential between available virgin material and recycled content material is greater than ten (10) percent when the additional cost, as determined by the director, is deemed insignificant and substantial budget impacts will not result.
(d) Consideration of taxes in competitive sealed bidding. In evaluating the bids, except for procurement of construction, and for purposes of determining the low bidder, the director shall include the amount of applicable business privilege tax. The amount of a city's business privilege tax shall not be included in the evaluation except in those instances in which the award is between a Tucson bidder and an Arizona-based, non-Tucson bidder. In this event, the applicable city business privilege tax shall be included in the non-Tucson bidder's price for evaluation purposes only to determine the lowest bidder.
(e) Public record. After the city issues a notice of intent to award, or in the absence of a notice of intent to award upon final contract execution, the bids shall be available for public inspection, except to the extent that the withholding of information is permitted or required by law. If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions in accordance with section 28-5 (confidential information).
Sec. 28-17(8). Low tie bids. If there are two (2) or more low responsive bids from responsible bidders that are identical in price and other evaluation criteria and that meet all the requirements and criteria set forth in the invitation for bids, award may be made by random selection in a manner prescribed by the director.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-18(1). Request for proposals.
(a) Competitive sealed proposals shall be solicited through a request for proposals. The request for proposals shall include a scope of work and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference.
(b) A prequalification process may be conducted prior to the issuance of a request for proposals in order to establish a list of qualified offerors. In the event a prequalification process is used, the contract officer shall only consider proposals that are submitted from prequalified offerors.
Sec. 28-18(2). Public notice. Notice of request for proposal shall be electronically posted and the request for proposal shall be available for public inspection not less than fourteen (14) days prior to the date set forth therein for the opening of bids. A shorter time may be deemed necessary for a particular procurement as determined in writing by the director. The public notice shall state the place, date, and time of bid opening.
Sec. 28-18(3). Late proposals. A proposal is late if it is received at the location designated in the request for proposals after the time and date set for receipt of proposals. Late proposals shall be rejected in accordance with section 28-17(3).
Sec. 28-18(4). Receipt of proposals. Proposals shall not be opened publicly. No proposals shall be handled as to permit disclosure of the contents of any proposal to competing offerors. Proposals shall be open for public inspection after a notice of intent to award is issued, or in the absence of a notice of intent to award, after final execution of the contract, except to the extent that the withholding of information is permitted or required by law. If the offeror designates a portion of its proposal as confidential, it shall isolate and identify in writing the confidential portions in accordance with section 28-5 (confidential information).
Sec. 28-18(5). Withdrawal of proposals. Proposals may be withdrawn by written notice before or after proposal opening and may be permitted where appropriate. All decisions to permit the withdrawal of a proposal after opening shall be supported by a written determination made by the director.
Sec. 28-18(6). Consideration of taxes in competitive sealed proposals. In evaluating the proposals, except for procurement of construction, and for purposes of evaluating price, the director shall include the amount of applicable business privilege tax. The amount of a city's business privilege tax shall not be included in the evaluation except in those instances in which the award is between a Tucson offeror and an Arizona-based, non-Tucson offeror. In this event, the applicable city business privilege tax shall be included in the non-Tucson offeror's price for evaluation purposes.
Sec. 28-18(7). Evaluation of proposals.
(a) Evaluation criteria. The request for proposals shall state the criteria to be used in the evaluation of the proposals and shall include their relative importance. Specific numerical weighting is not required to be published.
(b) Selection committee. The director shall appoint a selection committee to evaluate the proposals and make a recommendation based on the criteria set forth in the request for proposals. No other factors or criteria may be used in the evaluation.
Sec. 28-18(8). Discussion with offerors. Discussions may be conducted with offerors.
Sec. 28-18(9). Negotiations with offerors and revisions to proposals. Negotiations may be conducted with offerors. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors.
(a) Concurrent negotiations. Negotiations may be conducted concurrently with offerors for the purpose of determining source selection and/or contract award.
(b) Exclusive negotiations. Exclusive negotiations may be conducted with the offeror whose proposal is determined in the source selection process to be most advantageous to the city. Exclusive negotiations may be conducted subsequent to concurrent negotiations or may be conducted without requiring previous concurrent negotiations. Exclusive negotiations shall not constitute a contract award nor shall it confer any property rights to the successful offeror. If exclusive negotiations are conducted and an agreement is not reached, the city may enter into exclusive negotiations with the next highest ranked offeror without the need to repeat the formal solicitation process.
Sec. 28-18(10). Contract award. Contract award shall be made by the director to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city taking into consideration the evaluation criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-19(1). Authority. For the purpose of procuring the services of legal counsel, as defined by the laws of the state, contracts for the services of legal counsel shall be awarded with the authorization of the city attorney except as otherwise provided by law.
Sec. 28-19(2). Conditions for use. Unless determined by the city attorney that direct selection is in the best interest of the city, the services of legal counsel shall be procured in accordance with this chapter.
(Ord. No. 10404, § 1, 5-15-07)
Notwithstanding any other provisions of this chapter, a contract may be awarded without competition when the director determines in writing, after conducting a good faith review of available sources, that there is only one source for the required material, service, or construction item. The using agency requesting a sole source procurement shall provide written evidence to support a sole source determination. The director may require that negotiations are conducted as to price, delivery, and terms. The director may require the submission of cost or pricing data in connection with an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the director of the basis for the sole source procurement shall be maintained as a public record.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
Notwithstanding any other provisions of this chapter, the director may make or authorize others to make emergency procurements of materials, services, or construction when there exists a threat to public health, welfare, or safety or if a situation exists which makes compliance with sections 28-17 (competitive sealed bidding), 28-18 (competitive sealed proposals), 28-24 (competitive reverse auctions), 28-49 (procurement of professional design services), or 28-50 (procurement of construction services) contrary to the public interest; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. The using agency requesting an emergency procurement shall provide written evidence to support an emergency determination. An emergency procurement shall be limited to those materials, services, or construction necessary to satisfy the emergency need. A written determination director of the basis for the emergency procurement and for the selection of the particular contractor shall be maintained as a public record.
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)
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