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EXHIBIT A <br /> Transit buses and paratransit vehicles for which at least fifty percent (50%) of the funds used in the <br /> purchase price are administered through the Federal Transit Administration (FTA) or its successor <br /> agency are exempt from the formal bidding process, provided that the procurement complies with <br /> all acquisition regulations of the FTA or its successor agency. <br /> "Electronic data processing" includes, but is not limited to, systems which comprise a combination <br /> of equipment or units to provide input of source data, and storage and processing of data and <br /> output in predetermined form, including a central processing unit (CPU) or main frame.3 In other <br /> words, hardware, software,firmware, "smart cards"or any combination thereof. <br /> Eligible purchases4 are those for"equipment, materials, or supplies that are expected, upon <br /> installation,to reduce the energy use or energy cost of an existing building or facility, and the <br /> services associated with the equipment, materials, or supplies, including but not limited to design, <br /> engineering,financing, installation, project management, guarantees, operations, and <br /> maintenance.s5 The procurement may be structured on a performance basis, rather than a design <br /> specification, such that the City may specify a result, rather than the type or model of equipment.6 <br /> The approval requirements found under Equipment, Materials, Supplies, and Services (other than <br /> professional services) also apply to procurement by competitive negotiation. The approving officer <br /> (e.g., Mayor/designee, or department director/designee, depending upon the anticipated <br /> procurement cost) must determine in writing that competitive bidding is either not practical or <br /> advantageous to the City. <br /> State law establishes competitive negotiation requirements for some purchases. The following are <br /> the minimum requirements for procurement by competitive negotiation as of the date these <br /> guidelines were adopted. Consult the Legal Department to determine if any changes in state law <br /> have occurred. ' <br /> A request for proposals should be prepared and submitted to an adequate number of qualified <br /> sources, as determined by the City at its discretion, to permit reasonable competition consistent <br /> with the requirements of the purchase. The request for proposal should identify significant <br /> evaluation factors, including price, and their relative importance. <br /> The City will provide reasonable procedures for technical evaluation of the proposals received, <br /> identification of qualified sources, and selection criteria for awarding the contract. <br /> 4.1 Award <br /> The City may select the qualified vendor whose proposal is most advantageous to the City,with <br /> price and other factors considered. If the City is unable to negotiate a contract successfully, the <br /> City may terminate negotiations and proceed to negotiate with the second most advantageous <br /> proposer, and so on. <br /> 4.2 Cancellation <br /> A request for proposals may be cancelled at the City's sole discretion and option. The City may <br /> reject individual proposals in whole or in part for cause. <br /> 3 RCW 36.92.020(1967) <br /> 4 RCW 39.35A.030(1985) <br /> 5 RCW 39.35A.020(1)(1985) <br /> 6 RCW 39.35A.020(3)(1985). <br /> RCW 39.04.270 <br /> Purchasing Policy <br /> Page 10 of 20 <br />