§ 15-57. Prohibited practices.

The following practices are prohibited:

(1)

Restrictive specifications. City employees and officials are prohibited from issuing specifications that restrict fair and open competition for a contracting opportunity. This provision does not prohibit the city from engaging in non-competitive procurements when updating or upgrading a standardized system that was originally procured through a competitive process.

(2)

Bid splitting, sequential bidding, and component purchases. In accordance with state law, it shall be unlawful to split purchases for the purpose of avoiding a procurement process. The appropriate process shall be determined based on the entirety of the scope to fulfill the project or purpose intended. Public officials and employees shall not segregate components of a project to avoid a procurement or approval process.

(3)

Bid rotating; bid rigging. It shall be unlawful for any vendor to engage in bid rotating practices. Bid rotation occurs when vendors take turns being the designated successful vendor; for example, each vendor is designated to be the successful bidder on certain contracts, with others designated to win other contracts. Bid rigging is a form of fraud in which a contract is promised to one party even though for the sake of appearance several other parties also present a bid. Such practices interfere with the competitive environment sought for public procurements and are strictly prohibited.

(4)

Any other act prohibited by law.

(Ord. No. 2015-668, § 4(Exh. B), 7-8-2015)