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5.08.120 Competitive sealed proposals – Negotiated procurement.
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A. The purchasing agent may procure supplies, services or construction by competitive sealed proposals under this section, if the purchasing agent determines that it is not practicable to develop sufficiently detailed contract terms or specification for procurement by competitive sealed bidding, or that either vendor qualifications or the means and methods that a vendor will use are material to vendor selection.

B. The purchasing agent 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 in accordance with WMC 5.08.110(B).

C. The terms of a request for proposals may be modified or interpreted only by written addendum issued by the purchasing agent. Each addendum to a request for proposals shall be sent to each recipient of the request for proposals. A proposal is responsive only if it acknowledges receipt of all addenda to the request for proposals.

D. The city shall not accept proposals that are received after the time for receipt of proposals stated in the request for proposals. A timely proposal is subject to unconditional acceptance without alteration or correction, except that:

1. A proposer may withdraw a proposal before the time for receipt of proposals.

2. After the time for receipt of proposals, the city, in its discretion, may permit a proposer to correct an error in a proposal that is apparent from examination of the proposal document.

E. The city shall evaluate each proposal submitted by a responsible proposer under the criteria set forth in the request for proposals. The purchasing agent may award a contract to the responsible proposer that the city determines has submitted the best proposal, or the purchasing agent may negotiate final contract terms with one or more responsible proposers that the city determines have submitted the most responsive proposals. Such negotiations may include solicitation from proposers of best and final offers. The purchasing agent shall provide all proposers that are selected to participate in negotiations with an equal opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions, neither the purchasing agent nor any other city officer or employee shall disclose any information derived from competing proposals. After conducting negotiations, the purchasing agent shall award the contract to the highest ranked proposer deemed eligible for negotiations that agrees to contract terms acceptable to the city.

F. The contents of a proposal shall not be available for public inspection until the award of contract has been approved by the mayor or council. (Ord. 19-11 § 2, 2019; Ord. 02-42 § 2, 2002)