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• (3)Informal discussions shall be commenced with the low bidder, and repetitive informal discussions <br />for the purposes of obtaining a contract within available funds shall be permissible. <br />• <br />(4)The low bidder shall submit an addendum to its bid, which addendum shall include the change in <br />scope for the proposed purchase, the reduction in price and the new contract value. If the addendum <br />is acceptable to the city the city may award a contract within funds available to the lowest <br />responsible bidder based upon the amended bid proposal. <br />(5)If the city and the lowest responsible bidder cannot negotiate a contract within available funds, all <br />bids shall be rejected. <br />28Sec. 22-7. Pre -qualification. <br />(a)The city's purchasing manager is authorized to require pre -qualification of prospective contractors <br />prior to any solicitation of bids or proposals, whether for goods, services, insurance or construction, by <br />requiring the prospective contractors to submit such information as the purchasing manager shall deem <br />appropriate, including samples, financial reports and references. The specific submission requirements <br />for a specific procurement transaction shall be established in writing ("pre -qualification notice") and <br />sufficiently in advance of implementation to allow potential contractors a fair opportunity to complete the <br />process. The purchasing manager may employ standard forms designed to elicit necessary information or <br />may he design other forms applicable to the specific procurement transaction. <br />(b)The purchasing manager may refuse to pre -qualify any prospective contractor; provided, that written <br />reasons for refusing to pre -qualify are made a part of the record in each case. No prospective contractor <br />who has been debarred under this chapter shall be allowed an opportunity to pre -qualify for any contract. <br />(c)In considering any request for pre -qualification, the purchasing manager shall determine whether there <br />is reason to believe that the prospective contractor possesses the management, financial soundness and <br />history of performance which indicate an apparent ability to complete successfully the plans, <br />specifications or requirements of a procurement transaction, and whether the prospective contractor has <br />satisfied the requirements of the pre -qualification notice issued by the purchasing manager. <br />(d)Pre-qualification of a prospective contractor shall not constitute a conclusive determination that the <br />contractor is a responsible bidder or offeror, and such contractor may be determined not responsible on <br />the basis of subsequently discovered information. <br />(e)Pailure of a prospective contractor to pre -qualify with respect to a specific procurement transaction <br />shall not bar the contractor from seeking pre -qualification as to future procurement transactions, or from <br />seeking contracts with the City which do not require pre -qualification. <br />29Sec. 22-8. Debarment of Prospective Contractors. <br />(a)Generally. The purchasing manager may, in the public interest, debar a prospective contractor <br />(including a prospective subcontractor) for any of the causes listed in subsection (b), below, using <br />procedures described in subsection (d). The existence of a cause for debarment under subsection (b), <br />" Compare current §22-71. <br />29 Compare current §22-96 through §22-100. Note: our current ordinance would limit period of debarment to three <br />(3) years, maximum. This proposed ordinance would allow the possibility of a permanent debarment. In other <br />• aspects, this section has been significantly revised to provide more specific guidance as to the procedure that will be <br />followed by staff in making these determinations. <br />Page 6 of 1 I <br />