A. If the purchasing officer determines that use of competitive sealed bidding is not practicable, not the most advantageous procurement method for the city, or not in the city’s best interest, the city may procure supplies, services, or construction by competitive sealed proposals under this section. For purposes of this section, construction includes, by way of example and not limitation, design-build, design-build-operate-maintain, or design-build-finance-operate-maintain project delivery methods.

B. The purchasing officer shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond, and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. Public notice of a request for proposals shall be given as deemed appropriate by the purchasing officer. One or more preproposal conferences may be held by the purchasing officer or designee. A request for proposals may be modified or interpreted only in written addenda issued by the purchasing officer.

C. Sealed proposals shall be designated as such on an outer envelope and shall be submitted by mail or in person at the place and no later than the time specified in the request for proposals. Proposals not submitted at the place or within the time so specified shall not be opened or considered.

D. Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proposers during the evaluation, discussion, and negotiation process. Notwithstanding public records requirements, the contents of the proposals, tabulations and evaluations thereof shall be open to public inspection only after council approval of a contract award. However, the purchasing officer shall issue a notice of intent to award to all responding proposers at least five calendar days prior to council approval. Upon request by a competing proposer, the recommended awardee’s proposal shall be opened for review. The review by a competing proposer is to assure reasonable access and opportunity to request a debriefing from the purchasing officer prior to council action on the proposed award. If an award does not require council approval, public inspection shall not be allowed until seven days after the purchasing officer has issued a notice of intent to award and there are no pending reviews or actions from any competing proposer.

E. As provided in the request for proposals, the purchasing officer may enter into discussions with responsible proposers whose proposals are determined by the purchasing officer to be most reasonably responsive to the request for proposals (short-listed firms). The purchasing officer may issue an interim notice to the remaining firms that a qualified short list has been established for discussion purposes. No disclosure of the contents of proposals, tabulations or evaluations thereof shall be made in accordance with subsection (D) of this section. Discussions shall be used to clarify and ensure full understanding of the requirements of the request for proposals. The purchasing officer may permit those short-listed firms to revise their proposals after submission and prior to award to obtain best and final offers. Proposers deemed eligible for discussions shall be treated equally regarding any opportunity to discuss and revise proposals. However, if during the discussions it is evident that the proposals, as submitted, will exceed the available funding, and/or other changes in the terms, conditions, or requirements are needed to clarify or fulfill the requirements of the city, the purchasing officer shall issue a written modification to those short-listed firms with an established date and time for the firms to respond. The failure of a short-listed firm to respond or to notify the purchasing officer of a needed time extension may be just cause to remove the proposer from further consideration. In conducting discussions or requesting revisions, neither the purchasing officer nor any other city officer or employee shall disclose any information derived from other competing proposals.

F. If fair and reasonable compensation, contract requirements and contract documents can be agreed upon with the most qualified proposer, the contract may be awarded to that firm and no other firm.

G. If fair and reasonable compensation, contract requirements and contract documents cannot be agreed upon with the most qualified proposer, the purchasing officer shall advise the proposer of the termination of negotiations. If the proposals were submitted by one or more other proposers determined to be qualified, negotiations may be conducted with such other proposers in the order of their respective rankings. The contract may be awarded to the proposer then determined to be most advantageous to the city.

H. After the notice of intent to award referred to in subsection (D) of this section, the award shall be made by written notice to the proposer whose final proposal is determined to be most advantageous to the city. No criteria other than those set forth in the request for proposals may be used in proposal evaluation. If the city manager determines that it is in the best interest of the city to do so, the city may reject all proposals. (Ord. 644 § 4, 2004)