§ 2-320. Conditions for competitive sealed proposals.

When the county manager and the purchasing agent, upon written recommendation of the user department, determine that the use of competitive sealed bidding is not practicable or is not advantageous to the county, a contract may be entered into by the board of commissioners based on competitive sealed proposals, subject to the following conditions:

(1)

This method of solicitation shall only be used after a written determination by the purchasing agent, upon recommendation by the user department and county manager, that the use of competitive sealed bidding is not practicable under the circumstances or is not in the best interests of the county in accordance with regulations promulgated by the board of commissioners.

(2)

Proposals shall be solicited through a request for proposal.

(3)

Adequate public notice of the request for proposal shall be given in the same manner as provided for competitive sealed bidding.

(4)

Proposals shall be opened in the same manner as competitive sealed bids, provided that there is no disclosure of any information derived from proposals submitted by competing offerors. A register of proposals received shall be prepared and made available for public inspection in the purchasing department.

(5)

The request for proposal shall state the relative importance of price and other evaluation factors.

(6)

As provided in the request for proposal and under policies and procedures to be developed by the county, discussions may be conducted by the purchasing agent, in conjunction with the user department, with reasonable offerors who submit proposals determined by the purchasing agent, and written recommendation of the user department, to be reasonably qualified for being selected for award; such discussions shall be for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Vendors who make offers, hereinafter referred to as offerors, shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(7)

The award shall be made by the board of commissioners to the responsible offeror whose proposal is determined, upon written recommendation by the county manager, the purchasing agent and the user department, to be in the best interest of the county, taking into consideration price and the evaluation factors set forth in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract file shall contain the name and complete identification of the successful offeror and the basis, in writing, upon which the award is made.

(8)

When proposals are received from offerors pursuant to this section or when bids are received from bidders pursuant to section 2-314 of this article are unreasonable or unacceptable as to terms and conditions, or when the lowest responsible bid and offer exceeds available funds and it is determined in writing by the county manager and the purchasing agent, upon recommendations by the user department, that time or circumstances will not permit the delay required to resolicit competitive sealed bids and competitive sealed proposals, a contract may be negotiated and awarded by the board of commissioners pursuant to this section, provided that each responsible bidder or offeror who submitted a response to the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. The negotiated price shall be lower than the lowest responsible rejected bid and offer of any responsible bidder and offeror under the original solicitation, provided that the board of commissioners may reject all bids or proposals if it shall deem it in the best interest of the county to do so.

(9)

Within five days of the award of the contract, the purchasing agent shall publish the name of the successful bidder or offeror on public display in a conspicuous place in the purchasing department so that it may be easily seen by the public. The public notice shall also show the price or amount for which the contract was let; the work, labor or service to be done; or the supplies, materials, or equipment to be furnished under the contract. All the information required to be placed on public display in a conspicuous place in the purchasing department shall also be recorded in a permanent book to be kept by the county in the purchasing department. Such permanent record shall also contain information recording the names of persons whose bids or offers were rejected. Such records shall always be subject to public inspection upon written notice to the purchasing agent and subject to a reasonable response period by the county.

(10)

After contracts have been awarded, the purchasing agent shall certify to various user departments and agencies of the county government the sources of the work, labor, or service to be done or the supplies, materials, or equipment to be furnished by the contract.

(11)

On all competitive sealed proposals and competitive sealed bids pursuant to section 2-314 of this article received or solicited by the county through its purchasing agent, the following certificate of independent price determination shall be signed and attached to the bid or proposal:

"I certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder."

(1995 Ga. Laws (Act No. 438), page 978, § 1(14B))