ATTACHMENT D
MUNICIPAL CODE 2.28.110
2.28.110 - Negotiated purchases.
(a) Applicability. A purchase may be had by negotiations when the purchase is for:
(1) A technology product, as defined in subsection 2.28.050(13); (2) An addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by an authorized company or manufacturer; (3) Equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the city; (4) Public art (which may or may not also fall within the Sole Source Purchase exception).
The affected department head shall state in writing the basis for a determination that this section applies.
Before any purchase is made under this section, a determination of the applicability of this section and the method of negotiation (competitive or noncompetitive) must first be approved by the city manager when the purchase involves one hundred twenty-five thousand dollars or less. For purchases under this section in excess of one hundred twenty-five thousand dollars, city council approval shall be required, following its determination of the applicability of this section and method of negotiation (competitive or noncompetitive).
(b) Method of Negotiation. When a negotiated purchase is approved under subsection (a) of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation.
(C) Competitive Negotiation Following a Request for Proposals. (1) Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factors, including price or cost and their relative importance.
Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.
(2) Receipt of Proposals. Sealed proposals must be submitted by the date and time specified on the prescribed forms and shall be identified in the publicized invitation for proposals. (3) Negotiation. The highest ranking offeror based on the factors set forth in section 2.28.040, the "best value offeror," will be selected for contract negotiation. If agreement cannot be reached with the highest ranked offeror, the second highest ranked offeror (and the third, and so on) will be contacted, with the best value offeror (or other offerors, in order) dismissed from further consideration on that particular project. All elements of the negotiation process shall be documented by the city department conducting the negotiations and submitted to the deputy city manager. Offerors submitting responsible offers shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract. (4) Award and Notification. An award may be made to the best value offeror, as defined in subsection 2.28.110(c)(3), whose proposal provides the best value to the city. All offerors participating in the process shall be notified in writing of the successful award. Except as may otherwise be provided for in this chapter, contracts in excess of one hundred twenty-five thousand dollars shall be awarded by the city council and executed by the mayor. (d) Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the city manager (for contracts involving an estimated cost in excess of five thousand dollars, but not more than one hundred twenty-five thousand dollars) or the city council (for contracts involving an estimated cost in excess of one hundred twenty-five thousand dollars). Except as may be otherwise provided for in this chapter, contracts in excess of one hundred twenty-five thousand dollars shall be awarded by the city council and executed by the mayor.
(Ord. No. 2381, 5 2, 9-18-18; Ord. No. 2429, § 8, 5-17-22)