§ 6-402. Purchasing procedures.

(a)

The governing body shall prescribe by ordinance or resolution the procedures for all purchases of real and personal property by the city. The following alternative methods of securing contracts are hereby authorized, as set forth in and defined by ordinances currently effective or hereafter adopted or amended by the city council: competitive sealed bidding; competitive sealed proposals; small purchases not exceeding $20,000.00; sole-source procurement; emergency procurement; and competitive selection procedures for professional and consultant services. Awards of contracts shall be made to the most responsible and responsive firms, said responsibleness and responsiveness to be determined by factors including those set forth in subsection (b) below, including but not limited to compliance with the requirements of any existing minority and female business opportunity development plans and any local preference program as established by City ordinance. The terms "competitive bidding" and "most responsible and responsive firm" shall be defined to include compliance with the requirements of any minority and female business participation plan which has been implemented by city ordinance pursuant to:

(1)

A finding by the city that such a plan is necessary to remedy the effects of prior private and public discrimination in the procurement and contracting practices of the city;

(2)

A requirement by federal law that the city maintain such a plan for purposes of receiving any federal grants or loans;

(3)

A finding by a judicial tribunal that such a plan is necessary to remedy past or present private and public discrimination in the procurement and contracting procedures of the city.

(b)

In determining the most responsible and responsive firm, the purchasing and contracting authority shall consider the following factors:

(1)

The ability, capacity, and skill of the firm to perform the contract or to provide the services required;

(2)

The capability of the firm to perform the contract or provide the service promptly, or within the time specified, without delay or interference;

(3)

The character, integrity, reputation, judgment, experience, and efficiency of the firm;

(4)

The quality of performance of previous contracts or services;

(5)

The previous and existing compliance by the firm with laws and ordinances relating to the contract or services;

(6)

The sufficiency of the financial resources and ability of the firm to perform the contract or provide the service;

(7)

The compliance of the firm with the requirements of an equal employment opportunity in contracting program as may be prescribed by ordinance;

(8)

The compliance of the firm with the requirements of a minority and female business enterprise participation program as may be prescribed by ordinance;

(9)

The quality, availability, and adaptability of the supplies or services to the particular use required;

(10)

The number and scope of conditions attached to the bid by the firm, if any;

(11)

Price; and

(12)

The compliance of the bidder or firm with the requirements of a local preference program as may be prescribed by ordinance.

(c)

Any and all bids or proposals may be rejected when it is in the best interest of the city to do so; in addition to the foregoing, the governing body shall prescribe by ordinance the procedure for amending, modifying, or otherwise changing contracts and for authorizations for the purchase of goods, materials, supplies, equipment, and services. Prior to the making of purchases and contracts, or amendments, modifications, or changes thereto, the availability of adequate funds shall be certified by the chief financial officer as provided by ordinance.

(d)

Any and all competitive bids or proposals shall be sealed and shall be opened at the same time in a public place as directed by the council and remain open for public inspection.

(e)

Contractual work related to any competitive sealed bid or proposal shall not be broken into components or parts so as to avoid the council's approval of awards of greater than $100,000.00.

(f)

In exercising the power of purchasing and procurement provided for in section 3-104 of this Charter, the mayor shall adhere to the provisions within this Charter and any ordinance governing purchasing and procurement; provided, however, when the mayor proposes to let a contract to one other than the lowest bidder or offeror or award a contract which has not been competitively procured, the contract shall be approved by the council prior to an award of contract. Any contracts awarded by the mayor pursuant to the powers provided in section 3-104 of this Charter and the provisions herein shall be reported monthly by the chief procurement officer to the president of the council and councilmembers.

(g)

The governing body may prescribe different procedures for sales and other disposition of real and personal property acquired by the city pursuant to any approved application or amended application under Title I of the Housing and Community Development Act of 1974, as amended.

(h)

The governing body may authorize different procedures for all purchases of real and personal property in connection with its joint venture with Fulton County for the construction and operation of a water treatment plant and appurtenances, provided that funds for each such purchase have been appropriated by the city and Fulton County.

(i)

As used in this Charter section, the word "firm" shall mean and include any individual, partnership, corporation, association, joint venture, or other legal entity authorized to do business in Georgia which desires to contract with the City of Atlanta.

(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2001-12, §§ 1(A), 1(B), 2-13-01; Ord. No. 2002-74, § 2, 10-15-02; Ord. No. 2007-01, §§ 2, 3, 1-9-07; Ord. No. 2008-36(08-O-0818), §§ 2, 3, 6-2-08)

Charter reference

Powers and duties, § 3-104(14).

Cross reference

Signing contracts on behalf of mayor, § 2-1140.