Sec. 2-569. - Competitive negotiation generally.

Competitive negotiation is a method of source selection which involves individual discussions between the city and the offeror on the basis of responses to the city's request for proposals. The source selection methods of competitive negotiation incorporates sections 2-557.2, 2-560, 2-560.1 and 2-561.1, 2-564 and 2-566.1, in addition to the provisions of this division.

(Ord. No. 3910-89)

Sec. 2-569.1. - Request for proposals.

A request for proposals shall be in writing and indicate 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.

(Ord. No. 3910-89)

Sec. 2-569.2. - Public notice.

At least ten (10) days prior to the date set for receipt of proposals, public notice shall be given by posting on a public bulletin board at the department of purchasing, and by publication in a newspaper or newspapers of general circulation in the area in which the contract is to be performed so as to provide reasonable notice to the maximum number of offerors that can be reasonably anticipated to submit proposals in response to the particular request. In addition, proposals may be posted on a public website or solicited directly from potential contractors.

(Ord. No. 3910-89; Ord. No. 5476-00, § 1)

Sec. 2-569.3. - Receipt of proposals.

No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal during the process of negotiation.

(Ord. No. 3910-89)

Sec. 2-569.4. - Evaluation factors.

The request for proposals shall state the relative importance of price and other evaluation factors.

(Ord. No. 3910-89)

Sec. 2-569.5. - Discussion with responsible offerors and revision of proposals.

As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors.

(Ord. No. 3910-89)

Sec. 2-570. - Award.

Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city taking into consideration price and the evaluation factors set forth in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. When the terms and conditions for multiple awards are provided in the request for proposal, awards may be made to more than one (1) offeror.

(Ord. No. 3910-89; Ord. No. 5476-00, § 1)

Sec. 2-570.1. - Contracting for professional services.

(a)

Competitive negotiation procedure. The director of purchasing shall engage in individual discussions 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. The request for proposal shall not, however, request that offerors furnish estimates of man-hours or cost for services. 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 price for services may also be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussions, outlined herein, on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the director of purchasing shall select in the order of preference two (2) 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 director of purchasing determine in writing and in his sole discretion that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Once formally terminated, negotiations may not be reopened with any offeror.

(b)

Multiphase contracts. Multiphase professional services contracts satisfactory and advantageous to the city for environmental, location, design and inspection work regarding construction infrastructure projects may be negotiated and awarded based on qualifications at a fair and reasonable price for the first phase only, when completion of the earlier phases is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases. Prior to the procurement of any such contract, the city shall state the anticipated intended total scope of the project and determine in writing that the nature of the work is such that the best interests of the city require awarding the contract.

(c)

Contracting for multiple projects. A contract for architectural or professional engineering services relating to construction projects may be negotiated by the city, for multiple projects provided (i) the projects require similar experience and expertise, (ii) the nature of the projects is clearly identified in the request for proposals, and (iii) the contract term is limited to one (1) year or when the cumulative total project fees reach the maximum cost authorized in this paragraph, whichever occurs first. Such a contract may be renewable for four (4) additional one-year terms at the option of the city. Under such contract, (a) the fair and reasonable prices, as negotiated, shall be used in determining the cost of each project performed; (b) the sum of all projects performed in one (1) contract term shall not exceed five million dollars ($5,000,000.00); and (c) the project fee of any single project shall not exceed one million dollars ($1,000,000.00). Any unused amounts from the first contract term shall not be carried forward to the additional term. Competitive negotiations for such contracts may result in awards to more than one (1) offeror provided: (1) the request for proposals so states; and (2) the city has established procedures for distributing multiple projects among the selected contractors during the contract term.

(Ord. No. 3910-89; Ord. No. 5636-01, § 1; Ord. No. 5938-03, § 1; Ord. No. 5999-04; Ord. No. 6513-08, § 1; Ord. No. 6615-09, § 1)

Sec. 2-570.2. - Contracting for other than professional services.

Selection shall be made of two (2) or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the request for proposal, including price if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the director of purchasing shall select the offeror which, in his opinion, has made the best proposal, and shall award the contract to that offeror. When the terms and conditions for multiple awards are provided in the request for proposal, awards may be made to more than one (1) offeror. Should the director of purchasing determine in writing and in his sole discretion that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.

(Ord. No. 3910-89; Ord. No. 5476-00, § 1; Ord. No. 5999-04)

Secs. 2-571, 2-572. - Reserved.