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(1) Consistent with the provisions of this Chapter and applicable law, Provo City may take any action with respect to purchasing (the procurement of goods and services), bidding, and contracting that is in the best interest of the City, including the following:

(a) reject any bid, proposal or other offer or submission from a bidder or offeror who is in a position that is adverse to the City in a present, pending or threatened litigation, administrative proceeding, dispute resolution process or similar process relating to City purchasing, bidding or contracting, or relating to any other matter relevant to purchasing;

(b) reject any bid, proposal or other offer or submission where the same is determined to be non-responsive, or where the bidder or offeror is determined to be non-responsible under criteria established in the request for bids, proposals, offer, submission or Purchasing Policy Manual, provided the City notifies the bidder or offeror of potential non-responsibility and such person fails to demonstrate to the City’s satisfaction that concerns indicated in the City’s notice have been resolved;

(c) reject all bids, proposals or other offers or submissions, or reject parts of all bids, proposals or other offers or submissions, when the City’s interest will be served thereby, unless such rejection would by existing law be considered arbitrary and capricious;

(d) waive or modify requirements within a particular bid process, proposal or other solicitation process when advantageous to the City, and when consistent with mandatory applicable legal requirements and fair and equitable practices;

(e) impose reasonable fees or forfeitable deposits for providing City materials or services in connection with a purchasing procurement process; and

(f) employ all solicitation means appropriate to effectively procure supplies and services so long as such means are not in conflict with the requirements of Federal and State law and City ordinances and policies established in the Provo Purchasing Policy Manual. Such means may include requiring prequalifications, maintaining lists of bidders or offerors; soliciting in phases, steps, or stages; multiple awards; multi-step sealed bidding; notice or solicitation by phone, fax, mail, or computer system; requiring demonstrations of competence; creating special processes to meet the needs of a particular purchasing procurement; and other means not inconsistent with law.

(2) Nothing in this Chapter shall prevent compliance with any mandatory applicable Federal, State, or local law, or regulation, or the terms and conditions of any grant, gift or bequest that are mandatory, applicable, and otherwise consistent with applicable law.

(Enacted 1993-19, Ren 2003-40, Am 2005-14)