32.10(A) Prohibited Communication. When the City utilizes a sealed competitive method, there shall be no communication related to the sealed competitive method solicitation, bids, proposals or responses between:
32.10(A)(1) Any
(including any
or any other
on that
's behalf) that seeks a contract, contract renewal, award, recommendation or approval, and
32.10(A)(2) Any member of the
, selection committee or protest committee.
32.10(B) Permitted Communication.
32.10(B)(1) The prohibition in communication contained in § 32.10(A) shall not apply to written or oral communications with legal counsel for the City.
32.10(B)(2) The prohibition in communication contained in § 32.10(A) shall not prohibit any
from:
32.10(B)(2)(a) Making public presentations at pre-bid conferences or to the selection committee or protest committee, or to the
, during any public meeting related to the sealed competitive method solicitation;
32.10(B)(2)(b) Engaging in contract negotiations at a meeting of the selection committee, or with the
during a public meeting; or
32.10(B)(2)(c) Communicating in writing with the person designated in the sealed competitive method documents as the contact person for clarification or information related to the competitive solicitation. The written communication, including any response thereto, shall be provided to any
that has submitted a bid, proposal or response.
32.10(C) Effective Dates. The prohibition in communication contained in § 32.10
(A) shall be in effect during a sealed competitive method solicitation beginning when first publicly noticed, and shall terminate upon execution of a contract, a decision by the
to reject all bids or responses to the sealed competitive method solicitation, or the taking of other action that ends the sealed competitive method solicitation.
32.10(D) Notice. When the prohibition in communication becomes effective for a particular sealed competitive method solicitation, the
shall provide notice of the prohibition to the
. The sealed competitive method solicitation documents for the goods or services shall generally disclose the requirements of this Section.
32.10(E) Violations. Any action in violation of this Section may be cause for disqualification of the bidder, responder or proposer. The determination of a violation and/or disqualification shall be made by the
.
32.10(G) Exceptions. If a prohibited communication occurs, it is in the
’s discretion to determine whether the communication is innocuous and not intended to influence the outcome of the sealed competitive method, or whether the communication may be cause for disqualification. If the
determines the prohibited communication may be cause for disqualification, the
shall place a Resolution disqualifying the bidder, responder or proposer on the next available
agenda.
(Ord. 2012-03, passed 2-6-2012; Am. Ord. 2012-15, passed 9-12-2012; Am. Ord. 2016-24, passed 11-21-2016; Am. Ord. 2023-07, passed 7-5-2023)