§ 5.28.255. Innovative procurements.

A.

A contract may be awarded for supplies, services, professional services, or construction using an innovative procurement process, with or without competitive sealed bidding or competitive sealed proposals. A contract may be awarded under this section only when the mayor or his designee determines in writing that it is advantageous to the borough to use an innovative competitive procurement process in the procurement of new or unique requirements of the borough, new technologies, or to achieve best value. This process is appropriate when it may be in the best interest of the borough to consider an award to other than the lowest priced offer or other than the highest technically rated offer.

B.

To utilize an innovative procurement procedure the requesting department shall submit:

1.

A detailed procurement plan to the purchasing officer for review and approval before public notice is issued as required under KPB 5.28.210(B). The plan shall, at a minimum, address the method of solicitation, scope, method of award, protest procedures, and proposed contract provisions. If the plan is submitted for a construction contract, the plan may address the use of a bonus in lieu of preferences; and

2.

An explanation of how use of this procedure will achieve the best value, or why it is advantageous to the borough. To the maximum extent allowed by law, costs and benefits associated with the location of the bidder may be considered in determining the best value for the borough.

C.

When using the process authorized in this section, all of the following apply:

1.

The mayor or his designee must first approve the use of the proposed innovative procurement plan.

2.

All evaluation factors and significant subfactors that will affect contract award and their relative importance shall be clearly stated in the solicitation.

3.

The solicitation shall state whether all evaluation factors other than cost or price, when combined, are significantly more important than, approximately equal to, or significantly less important than cost or price.

4.

In developing evaluation factors, generally, where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection. The less definitive the requirement, the more development work required, or the greater the performance risk, the more technical or past performance considerations may play a dominant role in source selection.

D.

A procurement under this section is subject to the applicable requirements of KPB 5.28.210(B), KPB 5.28.250 (B), (C), (D), (E), and (F), and other requirements of the borough purchasing code not inconsistent with this section.

(Ord. No. 2000-07, § 1, 3-21-00)