(1) The
legislature finds that the unique aspects of electronic data
processing and telecommunications systems and the importance of
these systems for effective administration warrant separate
acquisition authority for electronic data processing and
telecommunication systems. It is the intent of the legislature
that municipalities utilize an acquisition method for electronic
data processing and telecommunication systems that is both
competitive and compatible with the needs of the municipalities.
(2) A municipality may acquire electronic data processing or
telecommunication equipment, software, or services through
competitive negotiation rather than through competitive bidding.
(3) "Competitive negotiation," for the purposes of this
section, shall include, as a minimum, the following requirements:
(a) A request for proposal shall be prepared and submitted
to an adequate number of qualified sources, as determined by the
municipality in its discretion, to permit reasonable competition
consistent with the requirements of the procurement. Notice of
the request for the proposal must be published in a newspaper of
general circulation in the municipality at least thirteen days
before the last date upon which proposals will be received. The
request for proposal shall identify significant evaluation
factors, including price, and their relative importance.
(b) The municipality shall provide reasonable procedures for
technical evaluation of the proposals received, identification of
qualified sources, and selection for awarding the contract.
(c) The award shall be made to the qualified bidder whose
proposal is most advantageous to the municipality with price and
other factors considered. The municipality may reject any and
all proposals for good cause and request new proposals.
[1996 c 257 § 1.]