§ 2-635. Negotiations after competitive sealed bidding where all bids exceed available funding.

(a)

In the event that all bids submitted pursuant to a competitive sealed bidding, invitation for bids under section 2-632, result in bid prices in excess of the funds available for the purchase, a negotiated award may be made as set forth in subsection (b) when the procurement director determines:

(1)

That there are no additional funds available from any source so as to permit an award to the responsive responsible bidder offering the best value; and

(2)

The best interest of the county will not permit the delay attendant to a resolicitation under revised specifications, and/or for revised quantities, under competitive sealed bidding as provided in section 2-632.

(b)

Competitive negotiations shall be conducted with the bidder whose submittal to the competitive sealed bid invitation is determined to be the best value to the county.

(c)

In the event negotiations are not successful, then new invitations for competitive sealed bids shall be issued and the project shall be rebid.

(Ord. No. O-08-5-101, § 2(Exh. A), 6-23-08; Ord. No. O-10-11-101, § 1, 12-17-10; Ord. No. O-16-3-101 , § 1, 4-25-16)