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construction and life cycle costing may be discussed. <br />Proprietary information from competing offerors shall not be <br />disclosed to the public or to competitors. At the <br />conclusion of discussions, outlined herein, on the basis of <br />evaluation factors published in the selection process to <br />this point. The purchasing agent shall select in the order <br />of preference two (2) or more offerors whose professional <br />qualifications and proposed services are deemed most <br />meritorious. Negotiations shall then be conducted beginning <br />with the offerors ranked first. If a contract satisfactory <br />and advantageous to the City can be negotiated at a price <br />considered fair and reasonable, the award shall be made to <br />that offeror, otherwise, negotiations with the offeror <br />ranked first shall be formally terminated and negotiations <br />conducted with the offeror ranked second, and so on until <br />such contract can be negotiated at a fair and reasonable <br />price. Should the purchasing agent determine in writing <br />that in his sole discretion that only one offeror is fully <br />qualified, or that one offeror is clearly more highly <br />qualified and suitable than the others under consideration, <br />a contract may be negotiated and awarded to that offeror. <br /> 4. That Section 11-29(1) and (2) of the Code of the <br /> City of Portsmouth be amended to read as follows: <br /> <br /> Section 11-29. Exemptions from the required use of sealed <br /> bidding or competitive negotiation. <br /> The following purchases may be awarded without the use <br /> of sealed bids or competitive negotiation: <br /> (1) A contract may be awarded when the purchasing <br /> agent determines in writing, after conducting a good faith <br /> review of the available sources, that there is only one <br /> source for the required goods, service, insurance or <br /> construction item. The purchasing agent shall conduct <br /> negotiations, as appropriate, as to price, delivery and <br /> terms. A record of the sole source procurement shall be <br /> maintained that includes each contractor's name, the amount <br /> and type of each contract, a listing of the item or items <br /> procured under each contract, and the identification number <br /> of such contract file. The purchasing agent shall issue a <br /> written notice stating that only one source was determined <br /> to be practicably available, and identifying that which is <br /> being procured, the contractors elected, and the date on <br /> which the contract was or will be awarded, this notice Shall <br /> be posted in a designated public area on the day the <br /> contract is awarded or the decision is made to award the <br /> contract, whichever occurs first. <br /> (2) In case of emergency, a contract may be awarded <br /> without competitive sealed bidding or competitive <br /> negotiations; however, such procurement shall be made with <br /> such competition as is practicable under the circumstances. <br /> <br /> <br />