§ 10A-113. Competitive sealed proposal.

(a)

The competitive sealed proposal method may be used when:

(1)

The cost of the purchase is estimated to exceed the sum of Thirty Thousand Dollars ($30,000) for goods and services; and

(2)

Specifications cannot be prepared that permit an award on the basis of either the lowest bid price or the lowest evaluated bid price; or

(3)

Quality, availability, technical competence, and capability are of paramount importance in relation to price; or

(4)

The market place will respond better to a solicitation permitting a range of alternate proposals, and negotiation; or

(5)

The Purchasing Agent determines that the bid prices received by competitive sealed bidding are unreasonable as to all or part of the requirements or when only one or no responsive bid is received in response to an Invitation for Bids; or

(6)

When the Purchasing Agent or his designee makes a written determination that competitive sealed bidding is otherwise not advantageous to the County.

(b)

Competitive sealed proposals shall be solicited by a Request for Proposals which, along with such additional content as may be deemed appropriate by the Purchasing Agent or designee, shall include the following:

(1)

A statement of the scope of services to be the subject of the contract; and

(2)

A list of factors and the relative importance or weight of each factor, including price, that will be used in evaluating proposals.

(c)

The Purchasing Agent may request of the head of the using agency and any other County agency that a representative of such agency be designated to serve on a Proposal Analysis Group (PAG) to assist the Purchasing Agent in the evaluation of proposals in response to the Request for Proposals and to make recommendations to the Purchasing Agent as to which proposal is most advantageous to the County.

(d)

A Request for Proposals shall be given adequate public notice in the same manner as provided in Section 10A-112(b).

(e)

Before proposals are received, the Purchasing agent or designee or the proposal analysis group may conduct a preproposal conference with all potential offerors for the purpose of assuring full understanding of the using agency's requirements, as described in the Request For Proposals. All such offerors shall be accorded fair and equal treatment with respect to this conference.

(f)

The Purchasing Agent or designee and the proposal analysis group may not disclose to a competing offeror any information derived from a proposal of, or from interviews with, another competing offeror.

(g)

Proposals and best and final offers are irrevocable for the period specified in the Request for Proposals or any request for best and final offers, except that the proposal may be withdrawn or corrected as provided in regulations issued by the Purchasing Agent.

(h)

The Director of Central Services shall review the recommendations of the Proposal Analysis Group and direct the Proposal Analysis Group to negotiate a contract with one of the top three offerors whose proposal and best and final offer is determined to be the most advantageous to the County, in accordance with the evaluation factors set forth in the Request for Proposals.

(i)

The Proposal Analysis Group shall forward the final negotiated contract to the Director of Central Services for approval.

(CB-1-1992; CB-23-2005)

Editor's note— CR-55-1971 encouraged that resident architectural firms be given first preference by all County government agencies whenever all other considerations are equal.

CR-91-1971 encouraged that resident commercial and professional firms be given preference by all County government agencies whenever all other considerations are equal.

CR-8-1975 encouraged all County government agencies to give major consideration to resident local professional services firms whenever all other considerations are equal.

CR-37-1979 encouraged that County residents and resident firms providing professional services be given major consideration by all County government agencies whenever all other considerations are equal.