§ 7.401. Specifications Prepared by Other Than City Personnel.

A.

A person that prepares the evaluation criteria, specifications, or scope of work for a competitive solicitation may not respond to the solicitation or compete for award of a contract arising there from either directly as a respondent or indirectly as a subcontractor at any tier for a respondent. Nothing herein shall be deemed to preclude such person from participating in subsequent solicitations for the same or similar goods or services unless the terms and conditions contained in the subsequent solicitation preclude such participation as determined by the Chief Procurement Officer.

B.

Notwithstanding the preceding, the provision of product specifications, technical data, or other information by a person to the City in situations where the person is not preparing the evaluation criteria, specifications, or scope of work on behalf of, or in conjunction with, the City shall not preclude such person from responding to and receiving an award of a contract resulting from such solicitation.

C.

The provisions of this Section shall not apply to professional services solicited in accordance with Section 287.055 of the Florida Statutes, the Consultants' Competitive Negotiation Act, which shall be governed by the conflict of interest provisions contained therein.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)