§ 10-2-601. COMPETITIVE NEGOTIATION.

(a)

Description. Competitive negotiation is a procurement process conducted in the manner described in this section.

(1)

Proposals shall be sought by issuing a request for proposal that states:

(i)

The scope of the proposed contract;

(ii)

The factors, in addition to price, that will be used in evaluating proposals; and

(iii)

The relevant importance of each factor, including price.

(2)

The request for proposal shall be published in the same manner as that required for an invitation for bids.

(3)

After proposals have been received, but before an award is made, the agency shall hold discussions with the bidders submitting proposals classified as reasonably susceptible of being selected for award to:

(i)

Obtain the best price for the county;

(ii)

Ensure full understanding of the county's requirements as set forth in the request for proposal and the responsible bidder's proposal; and

(iii)

If discussions indicate that it would be in the best interests of the county to do so, allow all responsible offerors to revise their initial proposal by submitting best and final offers.

(4)

Subject to any approval required by law, the contract shall be awarded to the responsible bidder who submits the proposal determined to be the most advantageous to the county, including price, considering the requirements of this section and the evaluation factors set forth in the request for proposal.

(b)

Scope. This section applies to the procurement of human, social, cultural, educational, construction or maintenance services.

(c)

Conditions of use. Before a procurement by competitive negotiations may be conducted, the purchasing agent shall make a determination in accordance with the requirements of this section and the purchasing manual that competitive sealed bidding cannot be used because:

(1)

It is not appropriate or feasible to prepare specifications that allow an award on the basis of the lowest bid price;

(2)

The award of the contract on the basis of the lowest bid price is not appropriate or feasible or is not in the best interests of the county, taking into account cost, time required, and any other relevant factors; or

(3)

There is some other reason in the public interest to use competitive negotiation instead of competitive sealed bids.

(d)

Award. The purchasing agent may award any contract within the scope of this section by competitive negotiation, in accordance with the requirements of this section and the Purchasing Manual.

(e)

Rules and regulations. The purchasing agent may establish rules and regulations to:

(1)

Establish additional procedures and criteria for the use of competitive negotiation;

(2)

Impose qualifications, conditions, or limitations on the use of competitive negotiation, whether based on type of procurement, expenditure amount, or otherwise; and

(3)

Ensure that, whenever discussions are conducted with bidders, the agency:

(i)

Provides an opportunity for each responsible bidder to participate;

(ii)

Treats all those responsible bidders fairly and equally; and

(iii)

Does not disclose to any bidder any information derived from a proposal of or discussion with a competing bidder.

(Bill No. 97-04, 1, 11-21-2004)