§ 20.60.106. Competitive Solicitations

A.

The Director shall competitively solicit purchases of Goods and/or Services estimated to cost more than the Competitive Solicitation Threshold for the calendar year.

Purchases anticipated to be repetitive and likely to accumulate to more than the Competitive Solicitation Threshold within the calendar year are subject to Competitive Solicitation. If purchases unexpectedly accumulate to a cost greater than the Competitive Solicitation Threshold, such purchases shall be considered compliant to the Threshold and the Director may conduct a Competitive Solicitation if practicable for remaining purchases. Competitive Solicitations shall be advertised at least once in the City official newspaper, and at least five calendar days before the Bids or Proposals are due.

B.

Sole source items such as patented or proprietary items available from a single source, or where Competitive Solicitation is deemed impracticable by the Director, shall be exempt from this Chapter.

C.

The Director shall prepare and manage the Competitive Solicitation process. The Director shall examine specifications and requirements submitted by a Department and determine whether the specifications are clear and provide a sound basis for competitive bidding. When the Director finds such specifications are vague, ambiguous, or unduly restrict competitive bidding, s/he shall improve the materials or return them to the Department for modification.

D.

The Director may use brand or trade names in a Competitive Solicitation if needed to describe the quality and nature of the Goods desired, and/or may require a particular brand or trade name if necessary to assure the business needs of a Department are adequately met.

E.

Invitations to Bid shall solicit bids to be submitted in a secured manner and opened in public at the time and place stated in the Competitive Solicitation documents. The Director shall determine which bids are responsive and submitted by a responsible bidder.

The Director may award a contract to the lowest and best Responsive bid submitted by a Responsible Bidder and; if it is in the City's interest, the Director may award multiple contracts in consecutive order, with the lowest and best of the Responsive bids submitted by a Responsible bidder receiving the first award. In determining the lowest and best bidder, the Director may consider factors such as quality, delivery terms, and service reputation of the vendor.

F.

Request for Proposals shall solicit responses from interested Bidders. The Director shall determine which proposals are Responsive and submitted by a Responsible Bidder. The Director shall manage evaluation of Solicitation Responses. The Director may award a contract to the top-ranked Response, or award multiple contracts in their ranked order. The Director may negotiate to improve the awarded contract by mutual agreement before execution.

G.

The Director may reject any or all Competitive Solicitations and may record the reason(s).

H.

Competitive Solicitations may use life cycle cost for tabulating or evaluating Solicitation Responses. "Life cycle cost" means the total cost to the City of the Goods over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and disposal as far as these costs can be reasonably determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" means the estimated time from acquisition to replacement or disposal.

I.

When the Director determines further information and analysis is needed to tabulate or evaluate Solicitation Responses, s/he may require Bidders provide additional information.

J.

The Director may require that the successful bidder furnish a performance bond when required by the Competitive Solicitation. Surety bonds shall be subject to approval as to form by the City Attorney.

K.

As authorized by RCW 39.30.040, the Director shall take into consideration tax revenues derived by the City from its business and occupation or utility taxes (SMC Chs. 5.45 and 5.48) and its sales and use taxes ( SMC Ch. 5.60) in evaluating or tabulating the price given within a Solicitation Response.

L.

Except in emergencies, all procurements for Goods and Services estimated above the Competitive Solicitation Threshold shall be confirmed by written contract.

(Ord. 124452, § 5, 2014; Ord. 123361, § 312, 2010; Ord. 121720 § 1, 2005; Ord. 120794 § 10(part), 2002: Ord. 120668 § 25, 2001; Ord. 120181 § 30, 2000: Ord. 118397 § 20, 1996: Ord. 118338 § 1, 1996; Ord. 117242 § 2, 1994; Ord. 117159 § 8, 1994; Ord. 116270 § 1, 1992; Ord. 116131 §§ 1, 2, 1992; Ord. 116007 §§ 13, 27(part), 1991: Ord. 116004 § 1, 1991; Ord. 113501 § 1, 1987; Ord. 110009 § 1, 1981: Ord. 105150 § 1, 1975: Ord. 104710 § 1, 1975: Ord. 102151 § 5, 1973.)

Cases— In letting a contract pursuant to City's competitive bidding law, Purchasing Agent did not have the right, after the bid opening, to negotiate with an individual bidder to lower the bidder's bid price without giving the same opportunity to all bidders. Platt Elec. Sup., Inc. v. City of Seattle, 16 Wn. App. 265, 555 P.2d 421 (1976).