§ 4.12.040. Competitive sealed proposals.

A.

Conditions of Use. When, under regulations promulgated by the standards board, the purchasing agent determines that the use of competitive sealed bidding is either not practicable or not advantageous to the metropolitan government, a contract may be entered into by competitive sealed proposals. The standards board may provide by regulation that it is either not practical or not advantageous to the metropolitan government to procure specified types of supplies, services or construction by competitive sealed bidding.

B.

Request for Proposals. Proposals shall be solicited through a request for proposals.

C.

Public Notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in Section 4.12.030(C), Competitive sealed bidding, public notice.

D.

Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A register of proposals shall be prepared in accordance with regulations promulgated by the standards board and shall be open for public inspection after contract award.

E.

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

F.

Discussion with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals and under regulations promulgated by the standards board, 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 responsiveness 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 any information derived from proposals submitted by competing offerors.

G.

Award. Award shall be made to the responsible offeror whose proposal is determined to be the most advantageous to the metropolitan government taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(Ord. 92-210 § 1 (3-203), 1992)