§ 4-608. EVALUATION OF DISCLOSED COMMUNICATIONS; CRITERIA FOR IMPOSITION OF SANCTIONS; APPEALS.

(a)

The City's Purchasing Manager shall ensure that the information which is the subject of a disclosure is reviewed, evaluated, and processed in accordance with applicable laws and regulations, this article, and the specifications, criteria and requirements of the applicable competitive procurement.

(b)

The City's Purchasing Manager shall report the disclosure in the record of the competitive procurement, summarize the results of the evaluation of the disclosure, and make a recommendation on whether or not to impose sanctions concerning the regulated communication.

(c)

Before sanctions may be imposed, it shall first be established that the subject Proposer did initiate, engage in or continue a regulated communication, and, if so, whether any of the following extenuating circumstances exist:

(1)

The regulated communication was inadvertent and did not affect the integrity or outcome of the procurement process.

(2)

The regulated communication was initiated by the Mayor or a Councilmember, the subject Proposer advised the Mayor or Councilmember of the regulated communication rule, and the subject Proposer did not continue or engage in the regulated communication.

(3)

The regulated communication was made under bona fide mistake of fact or law, other than a mistake or ignorance of the provisions of this article, and the regulated communication was not material to the procurement. A regulated communication may be deemed material if it relates to any provision of a Bid Invitation, RFEI, RFP, RFQ, or specifications or other documents referenced therein, including documents responsive to a Bid Invitation, RFEI, RFP or RFQ, unless the regulated communication is so obviously insignificant and unimportant that it could be objectively found that no reasonable person would have been influenced by it, or attached any importance to it.

(d)

In the absence of extenuating circumstances, the subject Proposer may be sanctioned under this article if doing so is deemed consistent with the objectives of this article and in the best interest of the City.

(e)

The subject Proposer may appeal the determination of the City's Purchasing Manager that forms the basis of his or her recommendation for imposition of a sanction in accordance with the appeal procedures specifically applicable to the subject Bid Invitation, RFEI, RFP, or RFQ. In the absence of such a specifically applicable appeal procedure, the subject Proposer may take an appeal in accordance with Chapter 1, Article 4 of this Code.

(f)

If a disclosure is made subsequent to the posting of the Council agenda which includes notice of the consideration of the subject contract, the Council shall refer the matter back to the Purchasing Manager for his or her evaluation, and report and recommendations, in accordance with this section.

(Added Ord. 2004-41, § 1, eff. 5-7-04; Am. Ord. 2007-96, § 3, eff. 1-19-08).