To the end that the municipal government of the City obtains high-quality
goods and services at reasonable cost, that all of its procurement procedures
are conducted in a fair and impartial manner with avoidance of any impropriety
or appearance of impropriety, that all qualified vendors have access to City
business and that no offeror is arbitrarily or capriciously excluded and to
increase public confidence in purchasing by the City, it is the intent of
this chapter that competition be sought to the maximum feasible degree, that
the administration enjoy broad flexibility in conducting such competition,
that the rules governing contract awards be made clear in advance of the competition,
that specifications reflect the procurement needs of the City rather than
being drawn to favor a particular vendor and that the City and vendors freely
exchange information concerning what is sought to be procured and what is
offered.
A.
This chapter applies to contracts for the procurement
of goods, services, insurance and construction entered into by this City involving
every expenditure for public purchasing, irrespective of its source.
B.
Where any procurement transaction involves the expenditure
of federal assistance or contract funds, the receipt of which is conditioned
upon compliance with mandatory requirements in federal laws or regulations
not in conformance with the provisions of this chapter, the City may comply
with such federal requirements, notwithstanding the provisions of this chapter,
but only upon the written determination of the City Council that acceptance
of the grant or contract funds under the applicable conditions is in the public
interest. Such determination shall state the specific provision of this chapter
in conflict with the conditions of the grant or contract.
[Amended 8-13-1985 by Ord.
No. 85-14B]
For the purposes of this chapter and its application, the following
words and phrases shall have the meanings respectively ascribed to them:
A specification limited to one or more items by manufacturers' names
or catalog numbers to describe the standard of quality, performance and other
salient characteristics needed to meet City requirements and which provides
for the submission of equivalent products.
A specification limited to one or more items by manufacturers' names
or catalog numbers.
Any corporation, partnership, individual, sole proprietorship, joint-stock
company, joint venture or any other private legal entity.
A written order signed and unilaterally issued by the Purchasing
Agent directing the contractor to make changes which the "changes" clauses
of the contract authorizes the Purchasing Agent to order without the consent
of the contractor.
A method of contractor selection which shall include the following
elements:
Issuance of a written request for proposal indicating in general terms
that which is sought to be procured, specifying the factors which will be
used in evaluating the proposal and containing or incorporating by reference
the other applicable contractual terms and conditions, including any unique
capabilities or qualifications which will be required of the contractor.
Public notice of the request for proposal published once in at least
one newspaper of general circulation in the City or advertised by notice posted
on the public bulletin board in the Municipal Building, or both, 10 days prior
to the last day set for the receipt of proposals. A longer period of time
for receipt of proposals may be allowed, however, if it is found necessary
to do so given the complexity of the request. In addition, proposals may be
solicited directly from potential contractors.
In the procurement of professional services, individual discussions
by the City with all offerors deemed fully qualified, responsible and suitable,
on the basis of initial responses and with emphasis on professional competence,
to provide the required services. Repetitive informal interviews shall be
permissible. Such offerors shall be encouraged to elaborate on their qualifications
and performance data or staff expertise pertinent to the proposed project,
as well as alternative concepts. These discussions may encompass nonbinding
estimates of total project costs, including, where appropriate, design, construction
and life-cycle costs. Methods to be utilized in arriving at a price for services
and nonbinding estimates of price for services may also be discussed. Such
cost estimates shall not be solicited, however, in the request for proposals.
Proprietary information from competing offerors shall not be disclosed to
the public or to competitors. At the conclusion of the discussion, outlined
in this subsection, on the basis of evaluation factors published in the request
for proposal and all information developed in the selection process to this
point, the City shall select in the order of preference two or more offerors
whose professional qualifications and proposed services are deemed most meritorious.
Negotiations shall then be conducted, beginning with the offeror ranked first.
If a contract satisfactory and advantageous to the City can be negotiated
at a price considered fair and reasonable, the award shall be made to that
offeror. Otherwise, negotiations with the offeror ranked first shall be formally
terminated and negotiations conducted with the offeror ranked second, and
so on, until such a contract can be negotiated at a fair and reasonable price.
Should the public body determine, in writing and in its sole discretion, that
only one offeror is fully qualified or that one offeror is clearly more highly
qualified and suitable than the others under consideration, a contract may
be negotiated and awarded to that offeror.
A method of contractor selection which shall include the following
elements:
Issuance of a written invitation to bid containing or incorporating
by reference the specifications and contractual terms and conditions applicable
to the procurement. The invitation to bid shall include a statement of any
requisite qualifications of potential contractors. When it is impractical
to prepare initially a purchase description to support an award based on prices,
an invitation to bid may be issued requesting the submission of unpriced offers
to be followed by an invitation to bid limited to those bidders whose offers
have been qualified under the criteria set forth in the first solicitation.
Public notice of the invitation to bid published once in at least one
newspaper of general circulation in the city, or the advertised notice posted
on the public bulletin board in the Municipal Building, or both, 10 days prior
to the last day set for the receipt of bids. The Purchasing Agent may, however,
allow a longer period of time for receipt of bids if it is found, in his discretion,
necessary to do so given the complexity of the request. In addition, bids
may be solicited directly from potential contractors.
Public opening and announcement of all bids received.
Evaluation of bids based upon the requirements set forth in the invitation,
which may include special qualifications of potential contractors, life-cycle
costing, value analysis and any other criteria, such as inspection, testing,
quality, workmanship, delivery and suitability for a particular purpose, which
are helpful in determining acceptability.
Award to the lowest responsive and responsible bidder. When the terms
and conditions of multiple bids are so provided in the invitation to bid,
awards may be made to more than one bidder.
Competitive sealed bidding shall not be required for procurement of
professional services.
Building, altering, repairing, improving or demolishing any structure,
building or highway, and any draining, dredging, excavating, grading or similar
work upon real property.
A contract in which a party is retained by the owner to coordinate
and administer contracts for construction services for the benefit of the
owner, and may also include, if provided in the contract, the furnishing of
construction services to the owner.
All types of City agreements, regardless of designation, for the
procurement of goods, services, insurance or construction.
Any written alteration in specifications, delivery point, rate of
delivery, period of performance, price or quantity or any other provision
of any contract accomplished by mutual action of the parties to the contract.
Any person having a contract with the City or a using agency thereof.
A contract under which a contractor is reimbursed for costs which
are allowable and allocable in accordance with the contract terms and the
provisions of this chapter, and fee or profit, if any.
Involvement through decision, approval, disapproval, recommendation,
preparation of any part of a purchase request, influencing the content of
any specification or procurement standard, rendering of advice, investigation,
auditing or action in any other advisory capacity.
An individual drawing a salary or wages from the city, whether elected
or not; any noncompensated individual performing personal services for the
City or any department, agency, commission, council, board or any other entity
established by the executive or legislative branch of this city; and any noncompensated
individual serving as an elected official of the city.
All materials, equipment, supplies, printed matter and automated
data processing hardware and software.
A minor defect or variation of a bid or proposal from the exact requirement
of the invitation to bid or the request for proposal, which does not affect
the price, quality, quantity or delivery schedule for the goods, services
or construction being procured.
A contract whereby, for a stipulated consideration, one party undertakes
to compensate the other for a loss on a specified subject by specified perils.
All documents, whether attached or incorporated by reference, utilized
for soliciting sealed bids. No confidential or proprietary data shall be solicited
in any invitation for bids.
Any services not specifically identified as professional services
as defined herein.
Any business, individual, committee, club, other organization or
group of individuals.
A person who, at the time a public body negotiates and awards or
proposes to award a contract, is engaged in the sale or lease of goods or
the sale of services, insurance or construction of the type to be procured
under such contract and who at such time is eligible and qualified in all
respects to perform that contract and who would have been eligible and qualified
to submit a bid or proposal.
Work performed by an independent contractor within the scope of the
practice of accounting, architecture, land surveying, landscape architecture,
law, medicine, optometry or professional engineering.
Any legislative, executive or judicial body, agency, office, department,
authority, post, commission, committee, institution, board or political subdivision
created by law to exercise some sovereign power or to perform some governmental
duty and empowered by law to undertake the activities described in this chapter.
All documents, whether attached or incorporated by reference, utilized
for soliciting proposals.
A person who has the capability, in all respects, to perform fully
the contract requirements and the moral and business integrity and reliability
which will assure good-faith performance.
A person who has submitted a bid which conforms in all material respects
to the invitation to bid.
Any work performed by an independent contractor wherein the service
rendered does not consist primarily of acquisition of equipment or materials
or the rental of equipment, materials and supplies.
Any description of the physical or functional characteristics or
the nature of a good, service or construction item. It may include a description
of any requirement for inspecting, testing or preparing a good, service or
construction item for delivery.
Any department, agency, commission, bureau or other unit in the City
government requiring goods, services, insurance or construction as provided
for in this chapter.
