(a) When the use of competitive sealed bidding for construction projects is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method.

(b) Competitive sealed proposals may also be used for management services of city facilities, properties or services.

(c) Proposals shall be solicited through a request for proposals.

(d) When the City Council determines that it is advantageous to the City, the City may issue a request for proposals requesting the submission of offers to provide construction in accordance with a design provided by the offeror or for management services.

(e) Adequate public notice of the request for proposals shall be given in the same manner as provided in KMC 7.15.040.

(f) A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered.

(g) The request for proposals shall state the relative importance of price and other evaluation factors.

(h) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. 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 submissions and prior to award for the purpose of obtaining best and final offers.

(i) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(j) Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals shall be open to public inspection only after the contract award. However, the City shall issue a notice of intent to award to all responding proposers at least seven (7) days prior to Council approval. Upon request by a competing proponent, the recommended awardee’s proposal shall be opened for review.