Drafter
Clerk 06/19/2003
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AN ORDINANCE relating to the county's negotiated procurement provisions; making technical corrections; and amending Ordinance 12138, Section 19, as amended, and K.C.C. 4.16.155.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 12138, Section 19, as amended, and K.C.C. 4.16.155 are each hereby amended by as follows:
A. ((The provisions of t))This section ((shall apply)) applies to contracts or procurements for services and professional or technical services for departments and offices. In ((addition, the provisions of)) accordance with RCW 35.58.180, this section ((shall apply)) also applies to contracts or procurements for: tangible personal property acquired in furtherance of metropolitan functions; and any one or more of planning, design, construction and operation services of metropolitan facilities. Unless otherwise provided herein, all other ordinances relating to procurement, bidding or contract procedures shall apply to contracts or procurements which are in furtherance of metropolitan functions. ((In the event)) If there are inconsistencies between this section and any other ordinance, this section ((shall)) controls.
B. If the manager determines that soliciting competitive sealed bids is not in the best interest of the county, tangible personal property and services ((other than)), including public works for metropolitan facilities, the estimated cost of which is in excess of twenty-five thousand dollars, shall be let by contract under the following competitive sealed proposals procedures.
1. The manager shall cause a notice inviting statements of qualifications or statements of proposals to be published in a newspaper of general circulation throughout King County. The notice shall state generally the tangible personal property or services to be purchased and shall call for either statements of qualifications or statements of proposals, or both, to be submitted to the county on or before the day and hour named therein. The notice may be published in such additional newspapers or magazines and for such additional period of time as the manager shall deem to be in the best interest of the county. The((request for statements of qualifications or statements of proposals shall state)) manager shall have the operational authority, in consultation with the requesting department, to determine the specific bid conditions, and the relative importance of price and all other evaluation factors, which shall be stated in the request for either statements of qualifications or statements of proposals, or both.
2. Discussions may be conducted with responsible offerors to determine which proposals should be evaluated in more detail or which offerors should be requested to enter into negotiations, or both. Negotiations may be conducted concurrently or sequentially. The county may request clarifications and consider ((minor)) adjustments in the proposals ((in order)) to better understand the proposals and to qualify them for further consideration((; provided, that)), but information discussed or obtained from one offeror shall not be disclosed to competing offerors during the discussions and negotiations. Except to the extent protected by either state laws and regulations ((and/))or federal laws and regulations, or both, proposals shall be considered public documents and available for review and copying by the public after a decision to award the contract is made.
3. Award shall be made, if at all, to a responsible offeror or offerors whose proposal or proposals are determined to be the most advantageous to the county, taking
into consideration price and the other established evaluation factors and on such terms as may be agreed upon by the parties.