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2002 Ordinances
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2002 Ordinances
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with emphasis on professional competence, to provide the required services. Repetitive <br />formal interviews shall be permissible. Such offerors shall be encouraged to elaborate on <br />their qualifications and performance data or staff expertise pertinent to the proposed <br />project, as well as alternative concepts. The request for proposals shall not, however, <br />request that offerors furnish estimates of man-hours or cost for services. At the discussion <br />stage, nonbinding estimates of total project cost, including, where appropriate, design <br />construction and life cycle costing, may be discussed. Proprietary information from <br />competing offerors shall not be disclosed to the public or to competitors. At the <br />conclusion of discussion outlined herein,.on the basis of evaluation factors published in <br />the request for proposal and all information developed in the selection process to this <br />point, the purchasing agent shall select, in the order of preference, two or more offerors <br />whose professional qualifications and proposed services are deemed most meritorious. <br />Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract <br />satisfactory and advantageous to the city can be negotiated at a price considered fair and <br />reasonable, the award shall be made to that offeror. Otherwise. negotiations with the <br />offeror ranked first shall be formally terminated and negotiations conducted with the <br />offeror ranked second, and so on until such a contract can be negotiated at a fair and <br />reasonable price. Should the purchasing agent determine in writing that, in his sole <br />discretion, only one offeror is fully qualified or that one offeror is clearly more highly <br />qualified and suitable than the others under consideration, a contract may be negotiated <br />and awarded to that offeror. <br /> <br /> (b) A contract for architectural or professional engineering services relating to <br />construction projects may be negotiated by a public body, for multiple projects provided <br />(i) the projects require similar experience and expertise, (ii) the nature of the projects is <br />clearly identified in the Request for Proposal, and (iii) the contract term is limited to one <br />year or when the cumulative total project fees reach the maximum cost authorized in this <br />paragraph, whichever occurs first. Such contract may be renewable for two additional <br />one-year terms at the option of the public body. Under such contract, (a) the fair and <br />reasonable prices, as negotiated, shall be used in determining the cost of each project <br />performed, (b) the sum of all projects performed in one contract term shall not exceed <br />one million dollars; and (c) the project fee of any single project shall not exceed <br />$200,000. Any unused amounts from the first contract term shall not be carried forward <br />in the additional term. Competitive negotiations for such contracts may result in awards <br />to more than one offeror provided (1) the Request for Proposal so states and (2) the <br />public body has established procedures for distributing multiple projects among the <br />selected contractors during the contract tenn. <br /> <br />Sec. 12-280. Applicability of state ethics in public contracting law. <br /> <br /> The provisions of Sections 2.2-4367, et seq., of the Code of Virginia (1950) <br />governing ethics in public procurement and contracting and the remedy for violations <br /> <br /> <br />
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