2010 Ordinances - Laserfiche WebLink

Home Browse Search

ORDINANCE 8..2 0 10 - 41 ,. AN ORDINANCE TO AMEND SECTION 12-278 OF CHAPTER 12 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) PERTAINING TO THE AUTHORITY OF THE PURCHASING ADMINISTRATOR TO NEGOTIATE FOR PROFESSIONAL SERVICES. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 12-278 of the Code of the City of Portsmouth, Virginia (2006) be amended and reordained to read as follows: Sec. 12-278. Negotiation for professional services. (a) Professional services shall be procured by competitive negotiation when the cost of the professional services is expected to exceed $50,000.00. The purchasing administrator and representative of the using agency shall engage in individual discussions with all offerors deemed fully qualified, responsible and suitable on the basis of initial responses, with emphasis on professional competence, to provide the required services. Repetitive formal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. The request for proposals shall not, however, request that offerors furnish estimates of man-hours or cost for services. At the discussion stage, nonbinding estimates of total project cost, including, where appropriate, design construction and life cycle costing, may be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the 'conclusion of discussion outlined herein, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the purchasing administrator shall select, in the order of preference, two or more offerors whose professional qualifications and proposes services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the purchasing administrator determine in writing that, in his sole discretion, only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. (b) A contract for architectural or professional engineering services relating to construction projects may be negotiated by a public body, for multiple projects provided: (i) the projects require similar experience and expertise, (ii) the nature of the projects is clearly identified in the request for proposal, and (iii) the contract term is limited to one year or when the cumulative total project fees reach the maximum cost authorized in this paragraph, whichever occurs first. Such contract may be renewable for four additional one-year terms at the option of the public body. Under such contract: (a) the fair and reasonable prices, as negotiated, shall be used in determining the cost of each project performed, (b) the sum of all projects performed in one contract term shall not exceed