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permalink: /code/
title: City of Atlanta Procurement Code
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Article X. Procurement and Real Estate Code.
Division 1. Generally
Sec. 2-1101. Short title.
This article shall be known and may be cited as the procurement and real estate code of the city. (Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1102. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Actual offeror means any firm that has submitted a bid or proposal in response to the particular
solicitation in question. Individual joint venturers, subcontractors, subconsultants, or individuals or entities
comprising a part of the bidder or proponent team are not actual offerors.
Annual contract means any contract entered into for a period of one year or multiple one-year
periods (including options to renew for additional one year periods), with a contractor, to provide the
city upon request with a specified product or service at a predetermined rate or price.
Award means when legislation authorizing the
award of the contract has been adopted by the
council and approved by the Mayor, provided, however, that the contract will not become bind-
ing upon the city and the city will incur no
liability under it until it has been duly executed
by the contractor, returned to the city with all
required submittals, including insurance and bond-
ing, if applicable, executed by the Mayor, attested
to by the municipal clerk, approved by the city
attorney as to form and delivered to the contrac-
tor.
Business means any corporation, partnership,
individual, sole proprietorship, joint stock com-
pany, joint venture, firm or any other private legal
entity.
Change order (unilateral) means a written or-
der signed and unilaterally issued by the chief
procurement officer or other authorized individ-
ual, directing the contractor to make changes that
the changes clause of the contract authorizes
without the consent of the contractor.
Chief procurement officer means the person
holding the position created in and governed by
code sections 2-222, 2-250, 2-251, 2-252 and divi-
sion 2 of this article, and any other Charter or
Code provisions applicable.
Clock calibration means coordination of the bid
clock with the time as indicated by the National
Bureau of Standards.
Construction means the process of building,
altering, repairing, remodeling, improving or de-
molishing any public structure or building or
other public improvements of any kind to any
public real property. It does not include the rou-
tine operation, routine repair or routine mainte-
nance of structures, buildings or real property.
Contract means all types of city agreements,
including purchase orders, regardless of what
they may be called, for the procurement or dis-
posal of supplies, services, construction, profes-
sional or consultant services and for the transfer
of interests in real property.
Contract modification or change order means
any written alteration in specifications, delivery
point, time and rate of delivery, period of perfor-
mance, price, quantity or other provision of any
contract accomplished by mutual action of the
parties to the contract.
Contractor means any person having a contract with the city.
Cost analysis means the evaluation of cost data
for the purpose of arriving at costs actually in-
curred or estimates of costs to be incurred, prices
to be paid and costs to be reimbursed.
Cost data means factual information concern-
ing the cost of labor, material, overhead and other
cost elements that are expected to be incurred or
which have been actually incurred by the contrac-
tor in performing the contract.
Cost reimbursement contract means a contract
under which a contractor is reimbursed for costs,
which are allowable and allocable in accordance
with the contract terms and this article, and a fee
or profit, if any.
Data means recorded information, regardless of form or characteristics.
Days means calendar days. In computing any
period of time prescribed by the procurement
code, the first day shall not be counted but the
last day shall be counted. If the last day falls on a
Saturday or Sunday, the party shall have through
the following Monday. When the last day falls on
a legal holiday observed by the city, the party
shall have through the next day.
Designee means a duly authorized representative of a person.
Discussions means an exchange of information
or other manner of negotiation during which the
offeror and the city may alter or otherwise change
the conditions, terms and price of the proposed
contract. Discussionsmay be conducted in connec-
tion with competitive sealed proposals, sole source
and emergency procurement. Discussions are not
permissible in competitive sealed bidding, except
to the extent permissible in the first phase of
multi-step sealed bidding, when all competitive
bids exceed available funds but the responsive bid
does not exceed such funds by more than five
percent or as otherwise permitted by applicable
law.
Employee means an individual drawing a salary or compensation from the city, whether elected or not.
Firm means any individual, partnership, cor-
poration, association, joint venture or other legal
entity permitted by law to practice or offer pro-
fessional or consultant services.
Grant agreement means any written agree-
ment between the city and a grantor, or donor, or
a proposed grant recipient, or beneficiary, which
states in specific terms the amount and purposes
of the grant, the conditions of the grant, if any,
and pursuant to which a grant award is disbursed
or otherwise satisfied. A grant agreement may
also relate to gifts, bequests or donations.
Invitation for bids means all documents,whether
attached or incorporated by reference, utilized for
soliciting sealed bids.
Prequalification means the determination that
a prospective offeror satisfies the criteria estab-
lished for inclusion on the prequalified offeror's
list.
Price analysis means the evaluation of price
data, without price analysis of the separate cost
components and profit as in cost analysis, which
may assist in arriving at prices to be paid and
costs to be reimbursed.
Price data means factual information concern-
ing prices for items substantially similar to those
being procured. Prices in this definition refer to
offered or proposed selling prices. The definition
refers to data relevant to both prime and subcon-
tract prices.
Procurement means buying, purchasing, rent-
ing, leasing or otherwise acquiring any supplies,
services or construction. It also includes all func-
tions that pertain to the obtaining of any supply,
service or construction, including a description of
requirements, selection and solicitation of sources,
preparation and award of contracts and all phases
of contract administration.
Professional and consultant services means those
services within the scope of the practices of archi-
tecture, investment banking, professional engi-
neering, planning, landscape architecture, land
surveying, the medical arts, management and
analysis, accounting or auditing, law, psychology
or any other similar kind or type of professional
practice. For purposes of this division, profes-
sional and consultant services shall not include
investment management services.
Proposal means solicited submission of infor-
mation from a prospective offeror in accordance
with the terms of the applicable request for pro-
posals and applicable law.
Purchase description means the words used in
a solicitation to describe the supplies, services or
construction to be purchased, including specifica-
tions attached to or made a part of the solicita-
tion.
Purchase order means a short form of contract
which is issued by the chief procurement officer at
the written request of the using agency for the
procurement of supplies, goods or services.
Qualified products list means an approved list
of supplies, services or construction items de-
scribed by model or catalogue numbers that, prior
to competitive solicitation, the city has deter-
mined will meet the applicable specification re-
quirements.
Request for proposals means all documents,
whether attached or incorporated by reference,
utilized for soliciting proposals.
Responsible offeror means any person who has
the capability in all respects to perform fully the
contract requirements and the tenacity, persever-
ance, experience, integrity, reliability, capacity,
facilities, equipment and credit which will ensure
good faith performance.
Responsive offeror means a person who has
submitted an offer that conforms in all material
respects to the invitation for bids or request for
proposals.
Solicitation means an invitation for bids, a
request for proposals, a request for quotations or
any other document issued by the city concerning
its soliciting bids or proposals to perform a city
contract or purchase order.
Service means the furnishing of labor, time or
effort by a contractor, not involving the delivery of
a specific end product other than reports which
are merely incidental to the required perfor-
mance.
Supplies means all property, including, but not
limited to, equipment, materials, printing, insur-
ance and leases of real property, excluding land or
a permanent interest in land.
Using agency means any city entity that uti-
lizes any supplies, services, construction, profes-
sional or consultant services, real property and
leases procured under this article.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1103. Severability.
If any section or part of a section of this article
or any application thereof to any person or cir-
cumstances is held invalid, such invalidity shall
not affect other sections or part of a section or
application of this article which can be given
effect without the invalid section or part of a
section or application, and to this end the sections
and parts of sections of this article are declared to
be severable.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1104. Interpretation; purposes and policies.
-
Interpretation. This article shall be construed and applied to promote its underlying purposes and policies.
-
Purposes and policies. The underlying purposes and policies of this article are to:
- Simplify, clarify, consolidate and modernize the law governing procurement and real estate for this city;
- Permit the continued development of explicit and thoroughly considered procurement and real estate policies and practices;
- Provide for centralized procurement for this city;
- Ensure the fair and equitable treatment of all persons who deal with the procurement system and real estate transactions of this city;
- Provide increased economy in city procurement and real estate activities and maximize to the fullest extent practicable the purchasing value of city funds;
- Foster effective broad-based competition for public procurement within the free enterprise system; and
- Provide safeguards for the maintenance of a procurement and real estate system of quality and integrity.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1105. Application of article.
- General application. This article applies to
contracts for the procurement of supplies, ser-
vices, construction, professional and consultant
services and real estate, solicited or entered into
by this city after 12:01 a.m. on November 1, 1983,
unless the parties agree to its application to a
contract solicited or entered into prior to such
date.
- Application to city procurements and real
estate transactions. This article shall apply to
every expenditure of public funds, irrespective of
the source. It shall apply to the disposal of city
supplies, as provided in division 8 of this article
pertaining to supply management and to the
disposal of city real property, as provided in
division 14, subdivision III of this article pertain-
ing to sale and disposition of real estate. Nothing
in this article shall prevent any public agency
from complying with the terms and conditions of
any grant, gift, donation or bequest that are
otherwise consistent with law and the operational
procedures promulgated by the chief procurement
officer as authorized in division 17.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1106. Supplementary general principles of law applicable.
Unless displaced by the particular sections of
this article, the principles of law and equity,
including the uniform commercial code of the
state, the law merchant, the law of real property
and the law relative to capacity to contract, agency,
fraud, misrepresentation, duress, coercion, mis-
take or bankruptcy, shall supplement this article.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1107. Good faith actions.
This article requires all parties involved in the
negotiation, performance or administration of city contracts to act in good faith. The term "good
faith" means honesty in fact in the conduct or
transaction concerned and the observance of rea-
sonable commercial standards of fair dealing.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1108. Procurement records.
- Contract file.All determinations and other
written records pertaining to the solicitation, award
or performance of a contract or purchase order
shall be maintained by the city in a contract file
by the chief procurement officer.
-
Retention. All procurement records shall be
retained and disposed of by the city in accordance
with records retention guidelines and schedules
approved by the city council. If a contract is being
funded in whole or in part by assistance from a
federal agency, all procurement records pertain-
ing to that contract shall be maintained for three
years from the closeout date of the assistance
agreement or the final disposition of any contro-
versy arising out of the assistance agreement.
-
Public access. Procurement information shall
be a public record to the extent required by the
laws of the state.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1109. Compliance with federal requirements.
When the procurement or real estate transac-
tion involves the expenditure of federal assistance
or contract funds, the procurement or real estate
transaction shall be conducted in accordance with
any applicable mandatory federal law and autho-
rized regulations which are not reflected in this
article. Notwithstanding, where federal assis-
tance or contract funds are used in a procurement
or real estate transaction, requirements that are
more restrictive than federal requirements shall
be followed.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1110. Construction of water treatment plant.
The construction and operation of a water
treatment plant and appurtenances inNorth Fulton
County, as a joint venture of the city and Fulton County, being necessary to serve the joint needs of
the city and Fulton County in ensuring an ade-
quate supply of potable water for their citizens,
the Atlanta-Fulton CountyWater Resources Com-
mission is authorized to contract for goods and
services and to make purchases of real and per-
sonal property, in connection with the water treat-
ment plant and appurtenances, subject to the
following limitations:
-
The funds for the purchase of goods and services are available to the commission in line item appropriations of its approved budget.
-
Such contracts or purchases of goods and
services do not exceed $20,000.00, except
that contracts exceeding that amount are
authorized:
- For goods or services for which the entity providing the goods or services is listed by name in its approved budget; or
- When the chair of the commission
certifies that emergency circum-
stances exist and that failure to con-
tract for goods or services to correct
such circumstances would result in
the loss of operations of the facilities
and that insufficient time is avail-
able to secure specific approval of
the contract by the city and Fulton
County.
-
Such contracts are made pursuant to purchasing and minority participation procedures as determined by the commission.
-
Regardless of the amount and when jointly
authorized by resolution of the city coun-
cil and of Fulton County, all contracts that
are reasonable and necessary for the con-
struction of the water treatment facilities
and appurtenances, including professional
and consultant contracts, may be exe-
cuted, provided that the funds for the
contracts are available to the commission
in line item appropriations of its approved
budget.
-
All pertinent requirements of the joint
venture agreement for the making of con-
tracts and purchases have been met.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1111. Limitation on work orders authorized under annual contracts.
Any using agency or bureau may expend up to
$100,000.00 under an annual contract individu-
ally or in the aggregate with any one contractor.
This limitation of $100,000.00 is imposed for the
term of the contract. Where the expenditures
under an annual contract by any using agency or
bureau exceeds $100,000.00 for an individual
project or work order or $100,000.00 in the aggre-
gate for a particular contractor, such expendi-
tures shall be subject to the approval of the city
council, unless such contract authorizes the issu-
ance of work authorizations or similar directives
to the contractor in excess of $100,000.00 without
further council approval.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1112. Multiple awards; limitations on multiple awards.
-
Multiple awards. Unless otherwise pro-
vided in this section, or unless otherwise provided
by law, two or more offerors may be awarded
separate city contracts, at the discretion of the
city, on the basis of one solicitation for the same or
similar work, supplies or services if the city
reserves the right to do so in the solicitation.
Multiple contracts may be awarded, in the discre-
tion of the city, for the procurement of annual
contracts for supplies, annual contracts for con-
struction, annual contracts for services, and an-
nual contracts for professional and consultant
services. The solicitation shall also include a
statement that the city may, in its discretion, elect
to award only one contract if the chief procure-
ment officer, after consultation with the head of
the using agency, determines in writing that one
contract is sufficient for the needs anticipated by
the city at the level of quality desired. Awards
shall be made in accordance with the provisions of
division 4 of this article. Notwithstanding any-
thing contained in this section, however, if multi-
ple awards are not anticipated in a solicitation prior to the deadline established for receipt of
bids, proposals or quotations, multiple awards
shall not be made under that solicitation.
-
Prohibition against multiple awards for the
procurement of construction, services or profes-
sional and consultant services that are not annual
contracts. Except as provided in subsection (a) of
this section, or unless otherwise provided by law,
multiple city contracts shall not be awarded un-
der one solicitation for the procurement of con-
struction, services or professional and consultant
services which are not annual contracts.
-
Inapplicability. This section shall not apply
to the purchase, sale or disposition of real estate,
nor shall this section apply to grant agreements,
intergovernmental agreements or emergency pro-
curements.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Sec. 2-1113. Monetary limits; effective date.
To the extent that any monetary limits in this
article specifically relate to monetary limits set
forth in Article 3, Chapter 1, section 3-104(14),
and Article 6, Chapter 4, section 6-402 of the
City's Charter, to become effective on September
30, 2008, such monetary limits in this article will
also become effective on September 30, 2008.
Prior to such date, the previous monetary limits
in this article will apply.
(Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)
Secs. 2-1114—2-1137. Reserved.
DIVISION 2. CHIEF PROCUREMENT OFFICER
Sec. 2-1138. Centralization of procurement authority.
- Chief procurement officer. Except as pro-
vided in this article, the chief procurement officer
shall have the authority to solicit and enter into
contracts for the procurement of supplies, ser-
vices, construction, professional or consultant ser-
vices and real estate for all using agencies of the
city.
- Purchasing staff. Under the authority of
the chief procurement officer, the purchasing staff
shall execute responsibilities at all bid openings
which shall include coordination of clock calibra-
tion with the National Bureau of Standards, shall
stamp all bids received and shall have any subse-
quent responsibilities as specified prior to and
after all bid openings.
-
Other city officers or employees. Except as
provided in this article, no city officer or employee
shall order the procurement of supplies, services,
construction, professional or consultant services
and real estate or make any contract other than
through the department of procurement.
-
Delegation of authority. The chief procure-
ment officer shall designate a deputy chief pro-
curement officer to execute contracts on behalf of
the chief procurement officer once the chief pro-
curement officer has reviewed and approved said
contracts. The chief procurement officer shall
assume ultimate responsibility to solicit and en-
ter into contracts for the procurement of supplies,
services, construction, professional or consultant
services and real estate for all using agencies of
the city.
-
Controls and procedures. The chief procure-
ment officer shall establish written procedures for
the execution of contracts for the procurement of
supplies, services, construction, professional or
consultant services and real estate for all using
agencies of the city. Such procedures shall include
explicit delegation of authority to only the speci-
fied deputy chief procurement officer to sign con-
tracts to the extent the chief procurement officer
has authority to sign said contracts. The chief
procurement officer shall inform the municipal
clerk and the mayor's office in writing of the name
of the individual he designates to sign on his
behalf. No person is authorized to enter into any
contract on behalf of the city except as provided
under the terms of this article and the written
procedures. Authority granted to the deputy chief
procurement officer is effective until rescinded or
until termination of the person's employment by
the city. The chief procurement officer shall be
responsible for all transactions undertaken and
shall establish a system of controls, to be re-
viewed by the city attorney, to regulate the activities of the subordinate official. Both the chief
procurement officer and the deputy chief procure-
ment officer shall possess sufficientworking knowl-
edge and shall possess a master's degree in busi-
ness administration, public administration or
marketing; five years prior experience as a deputy
chief procurement officer or equivalent title in a
contracting or procurement system of comparable
size and scope. The requirement of a master's
degree may be substituted by a bachelor's degree
in the same field(s), plus ten year's managerial
experience in public or corporate purchasing op-
erations, marketing, or contract administration,
economics and securities markets, as well as the
supervisory experience and judgment necessary
to carry out the responsibilities outlined in this
policy.
(Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)
Sec. 2-1139. Using agency requirements.
-
Relationship with using agencies and other
city agencies and departments. The chief procure-
ment officer shall maintain a close and coopera-
tive relationship with the using agencies. The
chief procurement officer shall afford each using
agency reasonable opportunity to participate in
and make recommendations with respect to pro-
curement and real estate matters affecting the
using agency. Notwithstanding any other provi-
sion in this chapter, when in consultation with the
using agency with respect to a procurement or
real estate matter, the chief procurement officer,
in cooperation with the head of the using agency,
shall consult and seek technical assistance, spe-
cialized knowledge and expertise from appropri-
ate subject matter professionals or persons within
the affected using agency and, if the knowledge
and expertise required are not available within
the using agency, then the chief procurement
officer shall consult and seek technical assistance,
specialized knowledge and expertise from profes-
sionals or persons in other appropriate agencies
and departments of the city. Such assistance may
include, among other things, reviewing bids, eval-
uating or scoring proposals, making recommenda-
tions concerning bids and proposals, and partici-
pating during interviews, discussions and
negotiations in connection with requests for pro-
posals. The chief procurement officer, to the extent practicable, shall use every effort to reach an
agreement with the using agency with respect to
procurement or real estate matters affecting that
agency.
-
Requisitions. All using agencies, with the
authorization of the head of the department un-
der which the using agency operates, shall file
with the chief procurement officer detailed requi-
sitions or estimates of the department require-
ments of supplies, services, construction, profes-
sional or consultant services and real property in
such manner and at such times and for future
periods as the chief procurement officer shall
prescribe in writing and as follows:
- Unforeseen requirements. A using agency
may file with the chief procurement of-
ficer at any time a requisition or estimate
for any supplies, services, construction,
professional or consultant services or real
property, the need for which was not fore-
seen or anticipated when the estimates
were filed under this subsection; and
-
Revisory power of chief procurement officer. The chief procurement officer shall
examine each requisition or estimate and
shall have the authority to revise it as to
quantity, quality or estimated cost, pro-
vided that the needs of the using agency
are met and revisions as to quality and
quantity shall be made in accordance with
standards and specifications established
pursuant to this article.
-
Estimates. All using agencies shall file with
the chief procurement officer, within 30 days after
the adoption of the annual budget and quarterly
thereafter, estimates of their needs for the pro-
curement of services, supplies, construction, pro-
fessional or consultant services and real property
for the ensuing fiscal year or calendar quarter.
The chief procurement officer shall utilize such
estimates for the scheduling of work activities
and of procurements to be made by the depart-
ment of procurement. The chief procurement of-
ficer shall compile and consolidate all estimates of
supplies needed by using agencies to determine
total requirements of a given commodity.
-
List of authorized signatures. Every head of
a using agency shall provide the chief procure-
ment officer annually with a list of signatures of
persons in the using agency who are authorized to
sign requisitions on behalf of the using agency.
-
Examination of contracts. The chief procure-
ment officer and the head of the using agency
shall examine all contracts to determine the ac-
curacy of the substance and the inclusion of
required bonds and certificates of insurance.
-
Receiving reports. The head of the using
agency shall deliver receiving reports to the chief
financial officer and to the chief procurement
officer upon receipt of supplies procured under
city contracts.
-
Buy and pay entities. The chief procure-
ment officer, in cooperation with each using agency,
and the chief financial officer, shall establish buy
and pay entities for appropriate designation in all
procurement and real property transactions, con-
tracts issued by the city pursuant to agreements
adhering to special grantor agreements, and city
contracts of whatever kind and nature, regardless
of what they may be called.
(Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)
Sec. 2-1140. Signing contracts on behalf of mayor.
Except as otherwise provided in this article,
the chief procurement officer shall have the au-
thority to sign contracts on behalf of the mayor,
pursuant to section 6-401 of the Charter, in the
following circumstances:
-
For the purchase of supplies of every type
and description and contracts which take
the form of purchase orders where the city
council has authorized the purchase in
the normal course of the budget process,
without further authorization by the city
council; or
-
For services, construction, professional and
consultant services, grant agreements and
intergovernmental agreements, when a
duly enacted appropriation is passed by
the city council which authorizes the ex-
penditure of moneys for such purpose and
the purchase amount does not exceed $100,000.00 individually or in the aggre-
gate. Except in the case of grant agree-
ments or intergovernmental agreements
the limitation of $100,000.00 applies to all
individual contracts of the firm and all
contracts to the individual principals of
the contracting firm associated with a
specific project. In computing whether any
contract shall exceed $100,000.00, the chief
procurement officer shall include all indi-
vidual contracts to a firm and any con-
tracts to the principals of the contracting
firm. These contracts in total shall not
exceed $100,000.00.
(Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)
Sec. 2-1141. Appointment of procurement advisory groups.
The chief procurement officer may appoint pro-
curement advisory groups to assist the chief pro-
curement officer with respect to specifications or
procurement in specific areas and with respect to
any other matters within the authority of the
chief procurement officer.
(Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)
Sec. 2-1142. Periodic reporting to city council.
-
The chief procurement officer shall submit
to the council, and to the municipal clerk, before
the 15th of each month, a report listing for the
previous month the following information:
- The titles of all requests for proposals and the method of source selections to be used;
- All contracts authorized by the council, the method of source selection used and the total dollar amount;
- All contracts authorized by the chief pro-
curement officer pursuant to subsection
2-1140(2), the method of source selection,
as well as all emergency procurements
pursuant to section 2-1192.
- All change orders of contract modifica-
tions authorized by the council, the dollar
amount, and the reason;
- All change orders or contract modifica-
tions authorized by the chief procurement
officer pursuant to subsection 2-1292(a)(1),
the dollar amount, and the reason;
- An explanation of any changes, and the
costs involved, in the scope of services
made between the time an award recom-
mendation for a contract is made and the
time that a resolution authorizing the
contract is sent to the council for adop-
tion.
-
Each department shall submit to the com-
mittees of purview, at the beginning of each
quarter, a report listing for the previous quarter:
- The status of construction contracts au-
thorized by the council with a contract
price of tenmillion dollars ($10,000,000.00)
or more. The status report shall include a
list of project milestones for each such
contract, and shall indicate whether the
contractors are meeting project mile-
stones. For those contracts which are not
achieving project milestones, the report
shall include the reason for the delay and
the actions to be taken to resolve the
delay.
(Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)
Secs. 2-1143—2-1160. Reserved.
DIVISION 3. APPEALS AND REMEDIES
Sec. 2-1161. Authority to resolve protested solicitations and awards.
-
Right to protest. Any actual offeror that has
submitted a bid/proposal for a particular procurement and is aggrieved in connection with the
solicitation or award of the contract shall protest
in writing to the chief procurement officer after
the date that the specific bid or proposal is submitted. No protest will be accepted or considered
prior to the date the specific bid or proposal is
submitted; it will be considered untimely. All
protests shall set forth in full detail the factual
and legal bases for the protest and specific relief
sought by the protestor. Protests arising from
factual or legal bases that the protestor knew or
should have known prior to the submission of the bid/proposal must be submitted within three days
of the submission of the bid/proposal. Protests
arising from factual or legal bases that the protestor knew or should have known subsequent to
the date the bid/proposal was submitted must be
submitted within ten days after the protestor
knew or should have known of such bases, but in
no event shall any protest be submitted more
than ten days after the award of the contract.
Untimely protests will not be considered by the
chief procurement officer and will be simply denied as untimely.
-
Posting of protest security. Any actual offeror submitting a written bid/proposal that files
a protest must, at the time of filing, post security
in the amount of one percent of the financial offer
of the protestor or, in the event the bid/proposal
does not involve a fixed financial offer either in
the form of payment of monies to the city or
payment of monies to the offeror, $100,000, to be
tendered in the form of a bond or certified check.
-
Application of protest security. If the chief
procurement officer denies the protest, he/she
shall assess against the protestor reasonable attorneys' fees and other administrative costs incurred by the city in reviewing and responding to
the protest. If the city is represented by its law
department, such fees and costs will be calculated
at the hourly rate of each attorney participating
in the review and response to the protest set forth
in each attorney's most recent city paycheck times
the number of hours worked by such participating
attorneys on the protest, or if Georgia Law permits a greater hourly rate, such greater rate, plus
all out of pocket costs of the city concerning the
protest. If the city is represented by outside
counsel, such fees and costs will be calculated at
the billing rates of the firm's attorneys participat-
ing in the review and response to the protest,
times the number of hours worked by such participating attorneys, plus all out of pocket costs of
the firm concerning the protest. Within 15 days of
denying the protest, the chief procurement officer,
in consultation with the city's law department
and outside counsel, if any, will calculate the city's
cost in reviewing and responding to the protest
and will apply the protester's bond or certified
check to such costs. Any remaining balance of the
bond or certified check will be returned to the protestor; provided, however, if the protester files
an appeal of the city's denial of its protest pursu-
ant to code section 2-1166, such certified check or
bond will continue to be retained by the city to
cover the costs of the city associated with such
appeal.
-
Decision on protest. If a protest is timely
filed, the chief procurement officer shall inform
the protestor of the decision in writing within ten
days or, if the chief procurement officer requires
more than ten days to render a decision, will
advise the protestor within the initial ten days of
the additional amount of time required to render
a decision on the protest.
- Finality of decision. A decision under sub-section (d) of this section is final and conclusive,
unless fraudulent or the protestor, having the
right to file under this division, files an administrative appeal with the procurement appeals hearing officer in accordance with this division.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Sec. 2-1162. Debarment or suspension from
consideration for contract
award.
-
Authority to debar or suspend. The chief
procurement officer, after consulting with the city
attorney, is authorized to debar a person for cause
from participation in any city procurements at
any tier and consideration for award of contracts.
The debarment shall be for a period of not more
than five years. The period of time during which
the debarment will be imposed is to be determined by the chief procurement officer based
upon the severity of the causes for debarment.
After consultation with the using agency and city
attorney, the chief procurement officer is authorized to suspend a person from participation in
any city procurement at any tier and consideration for award of contracts if there is probable
cause for debarment. The suspension shall not be
for a period exceeding the greater of: (1) three
months; (2) the period during which administrative review of the suspension is pending; or (3) the
period during which judicial review of an administrative decision that was adverse to the suspended firm is pending.
-
Causes for debarment or suspension. The causes for debarment or suspension include:
- Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract.
- Conviction under state and federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property or any other
offense indicating a lack of business integrity or business honesty which currently,
seriously and directly affects responsibility as a city contractor.
-
Conviction under state or federal anti-trust statutes arising out of the solicitation and submission of bids or proposals.
-
Violation of contract provisions, as set
forth below, of a character which is re-
garded by the chief procurement officer to
be so serious as to justify debarment ac-
tion:
-
Deliberate failure to perform in accordancewith the provisions orwithin
the time limit provided in any city
contract.
-
A recent record of failure to perform
or of unsatisfactory performance in
accordance with the terms of one or
more contracts, provided that failure
to perform or unsatisfactory performance caused by acts beyond the
control of the contractor shall not be
considered to be a basis for debarment. In the event that the contractor asserts in a city suspension or
debarment proceeding that such recent failure to perform or unsatisfactory performance in accordance with
the terms of one or more contracts
was caused by acts beyond the control of the contractor, the contractor
must introduce documentation from
the applicable contract/project in
which it provided notice of such acts
beyond its control and/or invoked its
rights to equitable adjustment or other similar remedies under the
applicable contract as a result of
forcemajeure or other similar events;
provided, however, that the city's
determination on such issue will be
independent fromthe contract/project
at issue. It is insufficient in a city
debarment proceeding for the con-
tractor to raise this issue for the first
time concerning a prior contract under which it failed to perform or
performed unsatisfactorily.
-
Violation of the ethical standards set forth
in division 13 of this article.
-
Submission to the city of a claim for
additional compensation that is without
merit, including, but not limited to claims
seeking to recoup:
- Costs incurred by the contractor but
not included in its bid or proposal
due to its own error;
-
Costs that it has already been paid or will be paid under the contract;
-
Costs asserted simply for the purpose of forcing the city to consider a settlement at a reduced amount;
-
Costs that the contractor has not certified pursuant to the contract documents; and
-
Costs that the contractor would not
be entitled to recover under the contract documents, including, but not
limited to attorneys fees and interest on unpaid sums.
-
Knowing misrepresentation to the city of
the use which a majority-owned contractor intends to make of a minority and
female business enterprise (a business
entity at least 51 percent of which is
owned and controlled by one or more
African Americans, Asian Pacific Americans, Hispanic Americans, or females, or
a combination thereof, as defined in section 2-1443 and certified as such by the
city), as a subcontractor, member of a mentor-protégé relationship, or a joint
venture partner, in performing work un-
der a contract with the city.
-
Material misrepresentation of the composition of the ownership or work force of a
business entity certified to the city as a
minority and female business enterprise.
-
Any other cause the chief procurement
officer, in consultation with the using
agency and city attorney, determines to be
so serious and compelling as to affect
responsibility, including, but not limited
to, debarment by another governmental
entity.
-
Notice. The chief procurement officer shall
issue a written notice of the decision to debar or
suspend. The notice shall state the reasons for the
action taken and the effective date of the debarment or suspension and shall inform the debarred
or suspended person involved of the right to
administrative review as provided in this division.
-
Finality of decision. A decision under subsection (c) of this section is final and conclusive,
unless fraudulent or any person adversely affected by the decision appeals administratively to the procurement appeals hearing officer in accordance with this division.
-
City council initiated debarment. The city's
council, by enactment of an appropriate resolution, may request that the chief procurement
officer initiate an investigation into whether a
particular person should be debarred and/or suspended and, after consulting with the city attorney, the chief procurement officer is authorized to
debar or suspend such person for cause from
participation in any city procurements at any tier
and consideration for award of contracts.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Sec. 2-1163. Solicitations or awards in violation of law.
-
Applicability. This section applies where it
is determined by administrative review that a
solicitation or award of a contract is in violation of
applicable law. For purposes of this section administrative review shall refer to a review by the chief procurement officer, in consultation with the
city attorney, or a review by an appropriate procurement or office of contract compliance hearing
officer. A determination by the chief procurement
officer may be made independently and as a
result of the chief procurement officer receiving a
decision from an appeals officer that a solicitation
or award of a contract is in violation of applicable
law.
-
Remedies prior to award. If, prior to award,
the chief procurement officer, after consultation
with the city attorney, determines that a solicitation or proposed award of a contract is in violation
of law, the solicitation or proposed award shall be
canceled or revised to comply with the law.
-
Remedies after award. If, after an award,
the chief procurement officer, after consultation
with the city attorney, determines that a solicitation or award of a contract is in violation of
applicable law, then:
- If the person awarded the contract has not acted fraudulently or in bad faith:
- The contract may be ratified and
affirmed, provided it is determined
that doing so is in the best interest of
the city; or
-
If services or work have not commenced under the contract, it may
be terminated and the person
awarded the contract shall be compensated for the actual expenses rea-
sonably incurred in preparing to perform and in terminating its
performance under the contract, plus
a reasonable profit, prior to the termination; or
-
If services or work have commenced
under the contract, it may be terminated and the person awarded the
contract shall be compensated for
the actual expenses reasonably incurred in preparing to perform and
in terminating its performance under the contract, plus a reasonable
profit, prior to the termination, less
any amount previously paid to it
under the contract.
-
If the person awarded the contract has
acted fraudulently or in bad faith:
- The contract may be declared null and void; or
- The contract may be ratified and
affirmed if such action is in the best
interests of the city, without prejudice to the city's right to such damages as may be appropriate.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Sec. 2-1164. Procurement appeals hearing officers.
-
Appointment, qualifications and term. The
Mayor shall appoint three procurement appeals
hearing officers who shall be confirmed by the city
council and who shall serve on an alternating
basis. The officers shall possess the educational
background and public or private employment
experience to examine facts and apply legal principles, including, but not limited to experience
with evidentiary and civil procedure issues, to
controversies regarding the following subjects:
procurement and disposal of goods and services,
construction, professional and consultant services
and information technology. No city employee or
official shall be appointed who is a contractor or
subcontractor or who owns any interest in any
contracting or subcontracting firm or who does
business with the city as a contractor. The officer
shall serve a two-year term and shall not be
eligible to serve more than two consecutive terms.
-
Duties and compensation. Each officer shall
hold hearings upon appeal by any contractor, and
the hearings shall be held in any municipal build-
ing and shall be open to the public. Each officer
shall be paid the sum of $300.00 per day or for any
portion of the day that the officer serves. Admin-
istrative services, as may be required by the
officers, shall be furnished by city departments
and agencies.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Sec. 2-1165. Authority of procurement appeals hearing officers.
Unless the matter is within the authority of the
contract compliance hearing officer pursuant to
section 2-1384, the procurement appeals hearing officers shall have the authority to review and
determine any appeal by an aggrieved party from
a determination by the chief procurement officer
that is authorized in sections 2-1161 and 2-1162.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Sec. 2-1166. Appeals.
-
Time for filing notice of appeal. For an
appeal before a procurement appeals hearing
officer under section 2-1165, the aggrieved person
shall file a notice of appeal with the chief procure-
ment officer with a copy to the head of the
applicable using agency and city attorney within
seven days of receipt of the notice of an adverse
action by the chief procurement officer concerning
the person's protest.
-
Notice of hearing date; hearing. Upon re-
ceipt of the notice of appeal from the aggrieved
party by the chief procurement officer, the chief
procurement officer shall forward the notice to a
procurement appeals hearing officer within three
days of receipt of the notice. The duties of the
procurement appeals hearing officer shall be as
follows:
- The procurement appeals hearing officer
shall set a hearing date not more than
seven days from the date of receipt of the
notice from the chief procurement officer.
The officer shall cause notice of the hear-
ing date, time and location to be served
upon all parties, by registered mail.
-
At the hearing, all parties shall be pro-
vided a fair and impartial hearing and
shall be allowed to produce any and all
admissible evidence in either party's pos-
session concerning the appeal.
-
Decision. The procurement appeals hearing
officer shall, within seven days of the hearing,
make a written decision on the appeal, which
decision shall affirm or deny the decision by the
chief procurement officer. The officer shall decide
whether:
- The solicitation or award being appealed
was in accordance with applicable law
and the terms and conditions of the solic-
itation; or
-
The debarment or suspension being appealed was in accordance with applicable law and in the
best interest of the city and was fair.
-
Notice of decision. The procurement ap-
peals hearing officer shall issue written notice of
the decision on the appeal to all parties within
seven days of the hearing. The notice of the
decision shall be sent to all parties by registered
mail and shall set forth the reasons for the
decision.
-
Standard of review for factual issues. A
determination of an issue of fact by the procurement appeals hearing officer shall be final and
conclusive, unless arbitrary, capricious, fraudulent or clearly erroneous.
-
Discontinuance of appeal. After a notice of
appeal to the chief procurement officer has been
filed, a protestor may not discontinue such appeal
without prejudice, except as authorized by a pro-
curement appeals hearing officer.
-
Recovery of costs by the city. If at the
procurement appeals hearing, the city prevails,
the procurement appeals hearing officer shall
assess against the protestor reasonable attorneys'
fees and costs incurred by the city in preparing for
and attending the hearing. If the city is represented by its law department, for each attorney
participating in the appeal, such fees and costs
will be calculated at the hourly rate of pay as set
forth in each attorney's most recent city paycheck
multiplied by the number of hours worked by
such participating attorneys on the appeal, plus
all out of pocket costs of the city concerning the
appeal, such as copying costs, transcription fees,
litigation services fees, etc. If the city is represented by outside counsel at the hearing, such
fees and costs will be calculated at the billing
rates of the firm's attorneys participating in the
appeal, times the number of hours worked by
such participating attorneys, plus all out of pocket
costs of the firm concerning the appeal. If the
protestor appeals the decision of the procurement
appeals hearing officer to the superior court, the
city shall continue to hold the bond or certified
check of the protester pending the results of the
appeal to superior court. If the protester is unsuccessful in the superior court, the city shall deduct from the bond or certified check all of its costs
associated with its review and response to the
protest, its preparation for and attendance at the
procurement appeals hearing and its response to,
preparation for and attendance at any hearing
held in superior court concerning protest and
subsequent appeals. The city's costs in responding to, preparing for and attending any hearing in
the superior court will be calculated in the same
manner as its costs in preparing for and attending
a procurement appeals hearing.
(Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)
Secs. 2-1167—2-1186. Reserved.
DIVISION 4. SOURCE SELECTION AND CONTRACT FORMATION
Sec. 2-1187. Methods of source selection.
Unless otherwise authorized by law, all city
contracts, except for the purchase, sale and dis-
position of real estate, shall be awarded by com-
petitive sealed bidding, pursuant to section 2-1188,
except as provided in the following:
- Section 2-1189 (competitive sealed proposals);
- Section 2-1190 (small purchases);
- Section 2-1191 (sole source procurement);
- Section 2-1191.1 (special procurement);
- Section 2-1192 (emergency procurement);
- Section 2-1193 (competitive selection procedures for professional and consultant services); or
- Section 2-1332 (disposition of surplus supplies).
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1188. Competitive sealed bidding.
- Conditions for use. Contracts or purchase
orders under this article shall be awarded by
competitive sealed bidding, except as otherwise
provided in sections 2-1187 and divisions 15 and
17 of this article.
-
Invitations for bids. An invitation for bids
shall be issued and shall include a purchase
description and all contractual terms and condi-
tions applicable to the procurement. Notice of all
such invitations for bids shall be forwarded to all
members of the finance/executive committee.
-
Public notice.
- General notice. An advertisement inviting
bids shall be posted conspicuously at the
department of procurement and advertised on an Internet website of the City of
Atlanta, or a website designated by the
City of Atlanta for such purpose and clearly
indicated for that purpose. In addition,
the department of procurement may elect
to place an advertisement inviting bids in
a newspaper of general circulation and in
any other medium permitted under this
article. The advertisement shall be posted
for 14 consecutive days preceding the date
set for receipt of bids. Notice of bid security, if required, shall be included in the
public notice. The public notice shall contain a general description of the supplies,
services, construction or professional and
consultant services to be procured and
shall state the location of where appropriate solicitation documents may be obtained and the time and place of opening
the documents.
-
Additional notice in unusual or special circumstances.
-
Notice in trade or industry publications. When required supplies, services or construction are, in the determination of the chief procurement
officer in consultation with the using
agency, either unusual in nature or
highly specialized, the chief procurement officer shall cause an advertisement to be placed in at least one
trade journal or such other specialized industry publication of circulation in the city, whichever is appropriate and most likely to bring
responses from qualified and available offerors. The advertisement shall be published once and at least 14 days preceding the date set for re-
ceipt of bids. The provisions of this
paragraph concerning unusual or spe-
cial circumstances shall be used in
addition to, and not in lieu of, the
provisions in subsection (c)(1) of this
section.
-
Assistance of using agency. The chief
procurement officer may rely upon
the subject matter expertise and the
assistance of personnel of the using
agency who shall, prior to competitive solicitation,make a prompt writ-
ten determination of the appropriate
trade journal or specialized industry
publication where the advertisement
is to be placed. The written determination by the using agency shall be
made sufficiently in advance such
that notice and advertisement can
be timely placed by the chief procurement officer in the next available
issue of a journal or industry publication, which will be published at
least 14 days preceding the date set
for receipt of bids. The using agency
shall provide the necessary funds
from its budget for the costs and
expenses associated with advertise-
ment in trade journals or such other
industry publications.
-
Contents of notice. Notice of bid security, if required, shall be included
in the public notice for the trade
journal or such other industry publication. The public notice shall contain a general description of the supplies, services or construction to be
procured and shall state the date and location where solicitation documents may be obtained, and the time and place of opening of the bids.
-
Receipt of competitive sealed bids. All bids
must be delivered to and received by the chief
procurement officer or designated department of
procurement staff at the bid opening and stamped
no later than 1:59 p.m. Eastern Time.
-
Clock calibration. Prior to all bid openings,
the chief procurement officer or designated de-
partment of procurement staff shall coordinate
the clock calibration used in the bid process with
the National Bureau of Standards.
-
Bid opening. Bids shall be opened publicly
in the presence of one or more witnesses at the
time and place designated in the invitation for
bids. The name of each offeror, the amount of each
bid and such other relevant information as the
chief procurement officer deems appropriate shall
be recorded.
-
Bid acceptance. Bids shall be received by
the chief procurement officer or designated de-
partment of procurement staff without alteration
or correction, except as authorized in this article,
provided that the bids are delivered to the chief
procurement officer at the time, place and under
the conditions contained in the invitation for bids.
-
Bid evaluation. Bids shall be evaluated
based on the requirements set forth in the invita-
tion for bids and the City's Code of Ordinances.
Those criteria, including but not limited to dis-
counts, transportation costs and total or life-cycle
costs, that will affect the bid and price and be
considered in the evaluation for the award shall
be objectively measurable. The invitation for bids
shall set forth the evaluation criteria to be used.
-
Correction or withdrawal of bids.
- Before bid opening. Correction or with-
drawal of bids may be allowed by the chief
procurement officer before the scheduled
time and date of bid opening. The offeror
may withdraw the bid, without revealing
the amount of the bid, by submitting a
new sealed bid or providing written notice
of withdrawal before bid opening. Notice
of withdrawal shall be received by the
chief procurement officer prior to bid open-
ing.
-
After bid opening. After bid opening, cor-
rections in bids shall be permitted only to
the extent that the offeror can show by
clear and convincing evidence that a mis-
take of a nonjudgmental character was
made, the nature of the mistake, and the
bid price actually intended. After bid opening, no changes in bid prices or other
provisions of bids prejudicial to the inter-
ests of the city or fair competition shall be
permitted.
-
The chief procurement officer may also
exercise all rights a bidder may have to
correct its bid provided in this Code sec-
tion and may communicate with any bid-
der concerning the correction or with-
drawal of its bid.
-
Withdrawal. In lieu of bid correction, a
low bidder alleging a material mistake of
fact may be permitted to withdraw its bid
if:
- The mistake is clearly evident on the
face of the bid document, but the
intended correct bid is not similarly
evident; or
-
The bidder submits evidence that
clearly and convincingly demonstrates
that a mistake was made.
All decisions to permit the correction or with-
drawal of bids shall be supported by a written
determination made by the chief procurement
officer.
-
Tie bids. If two or more offerors are tied in
price while otherwise meeting all of the required
conditions, the contract shall be awarded to an
offeror whose principal place of business is within
the city or, if not within the city, within the
metropolitan Atlanta area or, if not within the city
or metropolitan area, within the state. Where no
offeror is located within the state, the chief pro-
curement officer shall award the contract to the
offeror whose principal place of business is the
closest to the city.
-
Award. The contract shall be awarded with
reasonable promptness by written notice to the
most responsible and responsive offeror whose bid
meets the requirements and criteria set forth in
the invitation for bids. In determining the most
responsible and responsive offeror, the chief pro-
curement officer, in consultation with the using
agency, shall consider the following:
- The ability, capacity and skill of the of-
feror to perform the contract and provide
the services/supplies required;
- The capability of the offeror to perform
the contract and provide the services/
supplies promptly or within the time spec-
ified without delay or interference;
- The character, integrity, reputation, judg-
ment, experience and efficiency of the
offeror;
- The quality of performance of the offeror
of previous contracts and provision of ser-
vices/supplies;
- The previous and existing compliance by
the offeror with laws and ordinances re-
lating to the contract and provision of
services/supplies;
- The sufficiency of the financial resources
and ability of the offeror to perform the
contract and provide the services/sup-
plies;
- The compliance of the offeror with the
requirements of an equal employment op-
portunity in contracting program as may
be required by ordinance;
- When applicable, the compliance of the
offeror with the requirements of a minor-
ity and female business enterprise partic-
ipation program as may be required by
ordinance;
- The compliance of the offeror with the
requirements of a local preference pro-
gram as may be required by ordinance;
- The quality, availability and adaptability
of the supplies or services to the particu-
lar use required; and
- The price. If all bids exceed available
funds as certified by the chief financial
officer and the most responsible and re-
sponsive bid does not exceed such funds
by more than five percent, the chief pro-
curement officer is authorized, when time
or economic considerations preclude
resolicitation of a reduced scope, to nego-
tiate an adjustment of the bid price, in-
cluding changes in the bid requirements,
with the most responsible and responsive
offeror in order to bring the bid within the
amount of available funds.
-
Multi-step sealed bidding. When it is con-
sidered impractical to initially prepare a pur-
chase description to support an award based on
price, an invitation for bidsmay be issued request-
ing the submission of unpriced offers to be fol-
lowed by an invitation for bids limited to those
offerors whose offers have been qualified under
the criteria set forth in the first solicitation.
-
Substitution, replacement by uncertified
minority business enterprise or female business
enterprise prohibited. An offeror may not substi-
tute for or replace any minority business enter-
prise (MBE) or female business enterprise (FBE),
as those terms are defined in section 2-1443,
when that MBE or FBE has been designated in
writing by the offeror as a subcontractor for the
contract on which the offeror has submitted a bid,
if the MBE or FBE submitted as a part of the bid
is not a certified, legitimate MBE or FBE, as
determined by the office of contract compliance. If
the office of contract compliance determines that
the MBE or FBE is not legitimate or certified, the
bid of the contractor who submitted the bid shall
be rejected.
-
The office of contract compliance shall eval-
uate each such bid as to the offeror's compliance
with subsections (k)(7) and (8) of this section and
shall notify the chief procurement officer, in writ-
ing, whether the bid is responsive or nonrespon-
sive.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1188.1. Local preference.
- Applicability. This local preference pro-
gram shall only apply to any city contract (re-
ferred to hereinafter as "Eligible local projects")
procured under section 2-1188 competitive sealed
bidding. It does not apply to procurements utiliz-
ing competitive sealed proposals under section
2-1189, small purchases under section 2-1190,
sole source procurement under section 2-1191,
emergency procurement under section 2-1192,
competitive selection procedures for professional
and consultant services under section 2-1193 and
federally-funded projects.
-
Statement of policy. The city has a signifi-
cant interest in encouraging the creation of em-
ployment opportunities for its residents and for businesses located within the city. As a purchaser
of goods and services, the city will benefit from
expanded job and business opportunities for its
residents and businesses through additional rev-
enues generated by its activities. It is in the
interest of the city and its residents to give
preference on eligible local projects to those eligi-
ble offerors who have direct physical and eco-
nomic relationships with the city.
-
Certification as a local offeror. In order to be
certified as a local offeror, an eligible offeror must
submit a completed application to the department
of procurement, and the applicant must be ap-
proved and certified by the department of procure-
ment. An eligible offeror must submit a completed
and signed written application to become a local
offeror before it will be allowed to receive a bid
preference on an eligible local project. In order to
be approved as a local offeror and receive a bid
preference on an eligible local project, the appli-
cation for approval as a local offeror and all
supporting documents must be received by the
department of procurement at least 30 days prior
to the date bids are received on such eligible local
project. An eligible offeror who fails to submit an
application for approval as a local offeror at least
30 days prior to the date bids are received on an
eligible local project, and who otherwise meets
the requirements for approval as a local offeror,
will not be qualified for a bid preference on such
eligible local project.
-
Criteria. To be certified as a local offeror,
the eligible offeror must satisfy no less than two
of the following criteria:
- The eligible offeror's principal place of
business is located in the city or that the
eligible offeror has held a valid city busi-
ness license for at least one year prior to
the date of application.
-
A majority of the full time employees,
chief officers, and managers of the eligible
offeror have regularly conducted work and
business in the city for at least one year
prior to the date of application.
-
A majority of the employees based at the
eligible offeror's location(s) in the city
have been residents of the city for at least
one year prior to the date of application.
-
The services the eligible offeror offers to
the city have been provided by the eligible
offeror in the city for at least one year
prior to the date of application.
If the applicant is a joint venture or mentor-
protégé team, each participant in the joint ven-
ture or mentor-protégé team must be approved
independently as a local offeror in order for the
joint venture or mentor-protégé team to receive
the bid preference on eligible local projects.
-
Term. The certification as a local offeror
shall expire two years from the date of the ap-
proval of the application. Following the expiration
date, a business is no longer a local offeror. An
eligible offeror must submit a new application for
certification as a local offeror to the department of
procurement and establish that it continues to
meet the requirements contained in paragraph
(d) of this section in order to receive a bid prefer-
ence on eligible local projects.
-
Determining responsiveness of non-local offerors. The geographic location of an eligible offeror shall be one of the factors considered by the
department of procurement in determining whether a bid on an eligible local project is responsive. A bid submitted by a non-local offeror shall be deemed non-responsive on the basis that the eligible offeror is a non-local offeror, unless:
- For eligible local projects valued at less
than $500,000.00, the amount of the bid
submitted by the non-local offeror is ten
percent lower than the lowest responsible
and responsive bid submitted by a local
offeror;
-
For eligible local projects valued at
$500,000.00 or more, the amount of the
bid submitted by the non-local offeror is
five percent lower than the lowest responsible and responsive bid submitted by a
local offeror;
-
The bid submitted by the non-local offeror
would be responsible and responsive but
for the fact that the eligible offeror is a
non-local offeror; and
-
The amount of the bid submitted by the
non-local offeror is lowest among bids
submitted by other non-local offerors that would be responsible and responsive but
for the fact that such other eligible of-
ferors are non-local offerors.
-
Continuing obligations of eligible offerors certified as local offerors. Eligible offerors certified as local offerors shall be under a continuing
duty to immediately inform the department of procurement in writing of any changes in the eligible offeror's business if, as a result of such; changes, the eligible offeror no longer satisfies
the requirements of paragraph (d) of this section.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1189. Competitive sealed proposals.
-
Conditions for use. Under this article, when
the chief procurement officer determines that the
use of competitive sealed bidding is either not
practicable or not advantageous to the city, a
contract may be procured by the use of the com-
petitive sealed proposals method.
-
Request for proposals. Proposals shall be
solicited through a request for proposals. Notice
of all such requests for proposals shall be for-
warded to all members of the finance/executive
committee.
-
Public notice. When requested by the using
agency, the chief procurement officer shall issue
public notice for request for proposals from of-
ferors as provided in subsection 2-1188(c).
-
Selection. The chief procurement officer, in
consultation with and upon recommendation of
the head of the using agency, shall select from
among the offerors no less than three offerors
deemed to be the most responsible and respon-
sive; provided, however, that if three or less
offerors respond to the solicitation, this require-
ment will not apply. The selection shall be made
in order of preference. From the date proposals
are received by the chief procurement officer
through the date the contract is awarded, no
offeror may make substitutions, deletions, addi-
tions or other changes in the configuration or
structure of the offeror's teams or members of
offerors' teams. The selection criteria shall in-
clude, but not be limited to, those contained in
subsection 2-1188(k) and the following:
- Previous experience demonstrating com-
petence to perform the services involved
in the solicitation;
- Past performance of previous contracts
with respect to time of completion and
quality of services;
- The fee or compensation demanded for
the services;
- The ability to comply with applicable laws;
- The ability to comply with the schedule
for the performance of the services, as
required by the city;
- The financial ability to furnish the necessary bonds;
- The financial condition of the offeror;
- The ability to provide staffing of manage-
ment personnel, satisfactory to the city;
and
- The offeror's compliance with the require-
ments of equal employment opportunity
(EEO) and, where applicable, equal busi-
ness opportunity (EBO) programs, as may
be required by ordinance.
The office of contract compliance shall evaluate
each proposal as to the offeror's compliance with
the requirements of equal employment opportu-
nity (EEO) and, where applicable, equal business
opportunity (EBO) programs, as may be required
by ordinance. The office of contract compliance
shall evaluate each proponent's conformance to
the city's EEO-ordinance and the city's EBO or-
dinance according to relative weights assigned by
the chief procurement officer. The combinedweights
may not exceed 15 percent of the total evaluation
points.
When applicable, each request for proposal
shall state with specificity the method by which
EEO and EBO compliance is weighted to arrive at
numerical evaluation points. Proposals that are
noncompliant with the city's EEO or EBO require-
ments shall be deemed nonresponsive without
further evaluation of any other solicitation eval-
uation factors.
-
Evaluation factors. The request for propos-
als shall state the relative importance of evalua-
tion factors.
-
Discussion with responsible offerors and revisions to proposals. Discussions may be conducted with responsible and responsive offerors
who submit proposals determined to be reasonably susceptible of being selected for award for
any purpose in the best interests of the city,
including the purpose of clarification to ensure
full understanding of and responsiveness to the
solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussion and revision of
proposals, and such revisions may be permitted
after submissions and prior to award for the
purpose of obtaining the best and final offers. In
conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors.
-
Award. Award shall be made to the most
responsible and responsive offeror whose pro-
posal is determined in writing to be the most
advantageous to the city, taking into consider-
ation the evaluation factors set forth in the re-
quest for proposals, this section and in section
2-1188(k).
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1190. Small purchases.
-
General procedures. Any contract or pur-
chase order for supplies, services and construc-
tion not exceeding $20,000.00 may be made in
accordancewith small purchase procedures adopted
by the chief procurement officer in accordance
with this article, provided that procurement re-
quirements shall not be artificially divided so as
to constitute a small purchase under this section.
Insofar as it is practicable, no less than three
businesses shall be solicited to submit quotations.
Award shall be made to the business offering the
lowest responsive quotation. The name of the
business submitting a quotation and the date and
amount of each quotation shall be recorded and
maintained as a public record.
-
Authority of using agency. Heads of all city
departments may, in their discretion, make small
purchases without the assistance of the chief
procurement officer under the following circum-
stances:
- Where the purchase does not exceed $50.00
and is paid out of the petty cash fund
allocated to the department under a duly
enacted appropriation; and
-
Where the purchase does not exceed
$20,000.00 and is paid for by a miscella-
neous requisition directing the chief finan-
cial officer to make payment from funds
previously allocated to such department.
- Limitations on small purchases made by
city departments. When small purchases are made
by heads of city departments pursuant to subsection (b) of this section the following requirements
shall be met:
- The aggregate amount of all such small
purchases for each department shall not
exceed an amount to be annually set ad-
ministratively by the mayor during the
normal budget process upon the recom-
mendation of the chief procurement of-
ficer, based upon the department's expen-
ditures of the previous fiscal year, the
department's estimated annual expendi-
tures for the current fiscal year and other
relevant factors;
-
A copy of any purchase order or miscella-
neous requisition shall be sent to the chief
procurement officer at the time the pur-
chase is made; and
-
Purchases shall not be artificially divided
so as to constitute a small purchase under
subsection (b) of this section.
-
Certification of unencumbered appropriation. Except for emergency procurements under
section 2-1192, the chief procurement officer shall
not execute any contracts or purchase orders
under this section until the chief financial officer
shall have certified, after pre-audit, that there is
to the credit of the using agency concerned a
sufficient unencumbered appropriation balance,
in excess of all unpaid obligations, to defray the
amount of the order.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1191. Sole source procurement.
-
Under this article, a contract or purchase
order for a supply service, construction item or
professional or consultant servicemay be awarded
without competition when the chief procurement
officer determines in writing, after conducting a
good-faith due diligence review of reasonable available sources, that are in the city's best interest,
there is only one source for the required supply,
service, construction item or professional or con-
sultant service. The due diligence review shall
include, but not be limited to, research of avail-
able sources and contact with professional and
trade associations related to the required supply,
service, construction item or professional or con-
sultant service. The determination in writing
shall also state the sources reviewed.
-
The chief procurement officer shall conduct
negotiations as to the terms of the sole source
procurement. A record of sole source procure-
ments shall be maintained that lists each
contractor's name, the name and type of each
contract, the item(s) procured under each con-
tract and the identification number of each con-
tract file.
-
Subsequent to the execution of a sole source
contract, the original sole source designee may
not assign the contract to any other entity or
individual unless the provisions of this subsection
are satisfied. If the original sole source designee
desires to assign the contract subsequent to its
execution, it must make a request for assignment
to the chief procurement officer and include with
that request information concerning the proposed
assignee. The chief procurement officer will re-
view such request and information (including any
additional information he/she may request) to
determine if the assignee independently meets
the sole source requirements of this section. If the
chief procurement officer finds that the assignee
meets the sole source requirements of this sec-
tion, council must approve such assignment be-
fore it may become effective.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1191.1. Special procurements.
Notwithstanding any other provision of this
code, the chief procurement officer may initiate a
procurement above the small purchase amount
specified in section 2-1190 where he/she deter-
mines that an unusual or unique situation exists
that make the application of all requirements of
competitive sealed bidding or competitive sealed
proposals contrary to the public interest and such
procurement does not technically qualify as a sole source procurement under Code section 2-1191. If
determined as appropriate by the chief procure-
ment officer, any special procurement under this
section shall be made with such competition as is
practicable under the circumstances; provided
however, that the chief procurement officer may
determine under appropriate circumstances that
there is only one logical choice as to a contractor
to provide the goods or services necessitated by
the special procurement. A written determination
of the basis for the procurement and for the
selection of the particular contractor shall be
included by the chief procurement officer in the
contract file. Nothing in this section shall elimi-
nate the chief procurement officer's obligation to
present the recommendation of award of any
contract procured under this section to city coun-
cil for approval, prior to execution of the contract,
when the value of the contract exceeds $100,000.00.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1192. Emergency procurement.
-
When the chief procurement officer deter-
mines that an emergency exists, the chief procure-
ment officer may make or authorize others to
make emergency procurements for supplies, ser-
vices, construction items or professional or con-
sultant services. The chief procurement officer
shall make such determination when there exists
a threat to public health, welfare or safety under
emergency conditions. Such emergency procure-
ments shall be made with as much competition as
is practicable under the circumstances.
-
A written determination of the basis for the
emergency and for the selection of the particular
contractor shall be included in the contract file.
As soon as practicable, a record of each emergency
procurement shall be made and shall set forth the
contractor's name, the amount and type of the
contract, a listing of the item procured under the
contract and the identification number of the
contract file.
-
If an emergency should arise after office
hours which requires immediate action on the
part of the using agency involved for the protec-
tion of the city or if a like situation arises on a
Sunday or holiday and it is not possible or conve-
nient to reach the chief procurement officer, any purchase necessary may be made by the official in
charge of such using agency. The purchase shall
be reported to the chief procurement officer within
24 hours. When the mayor declares a state of
emergency and implements the Atlanta-Fulton
County Emergency and Disaster Operations Plan,
Annex 10A, additional supplies and equipment
needed shall be procured in accordance with the
plan, using the most practicable method which
will ensure both expeditious procurement and
effective control.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)
Sec. 2-1193. Competitive selection procedures for professional and consultant services.
- Conditions for use. The chief procurement
officer, upon the request or recommendation of
the using agency, shall procure professional and
consultant services, in accordance with this sec-
tion, except as authorized under sections 2-1191
and 2-1192.
-
Statement of qualifications. The chief pro-
curement officer shall request andmaintain state-
ments of interest from persons interested in pro-
viding professional and consultant services that
shall include a statement of qualifications and
performance data for such persons. Each using
agency shall encourage professional and consult-
ant firms, which desire to provide services to the
agency, to submit statements of qualifications to
the chief procurement officer. The chief procure-
ment officer may specify a uniform format for
statements of qualifications. Persons may amend
these statements at any time by filing a new
statement. Any person placed on the qualifica-
tions list shall be removed if found in violation of
any provision of this article, including, but not
limited to, division 11, 12 or 13, or if such person
is found in default under any contract with the
city.
-
Public notice. When requested by the using
agency, the chief procurement officer shall issue
public notice for requests for proposals from pro-
fessional and consultant offerors as provided in
subsections 2-1188(c) and 2-1189(c).
-
Selection. The chief procurement officer, in
consultation and upon the recommendation of the
head of the using agency, shall select from among
the offerors no less than three offerors (the "short-
listed offerors") deemed to be the most responsible
and responsive; provided, however, that if three
or less offerors respond to the solicitation, this
requirement will not apply. The selection of the
short-listed offerors shall be made in order of
preference. From the date proposals are received
by the chief procurement officer through the date
the contract is awarded, no offeror may make
substitutions, deletions, additions or other changes
in the configuration or structure of the offeror's
teams or members of offeror's teams prior to
award. The selection criteria shall include, but
not be limited to, those contained in subsection
2-1188 (k) and the following:
- Previous experience demonstrating com-
petence to perform work or services in-
volved in the solicitation;
- Past performance of previous contracts
with respect to time of completion and
quality of work;
- The fee or compensation demanded for
the services;
- The ability to comply with applicable laws;
- The ability to comply with the schedule of
the commencement and completion of the
services, as required by the city;
- The financial ability to furnish the neces-
sary bonds;
- The financial condition of the offeror; and
- The ability to provide staffing of manage-
ment personnel, satisfactory to the city.
- The offeror's compliance with the require-
ments of equal employment opportunity
(EEO) and, where applicable, equal busi-
ness opportunity (EBO), as may be re-
quired by ordinance. As part of the selec-
tion process, the office of contract
compliance shall evaluate each proposal
as to the offeror's compliance with the
requirements of equal employment oppor-
tunity (EEO) and equal business opportu-
nity (EBO) programs as may be required by ordinance. The office of contract com-
pliance shall evaluate each proponent's
conformance to the city's EEO ordinance
and, where applicable, the city's EBO
ordinance according to relative weights
assigned by the chief procurement officer.
The combined weights may not exceed 15
percent of the total evaluation points.
Each request for proposal shall state with
specificity the method by which EEO and
EBO compliance is weighted to arrive at
numerical evaluation points. Proposals that
are noncompliant with the city's EEO or
EBO requirements, where applicable, shall
be deemed nonresponsive without further
evaluation of any other solicitation eval-
uation factors.
-
Negotiations and award. The chief procure-
ment officer shall negotiate a contract with the
most responsible and responsive short-listed of-
feror at compensation that the chief procurement
officer determines in writing to be fair and rea-
sonable to the city. In making this decision, the
chief procurement officer shall take into account
the estimated value, the scope, the complexity
and the professional nature of the services to be
rendered. Should the chief procurement officer be
unable to negotiate a satisfactory contract with
the offeror considered to be the most responsible
and responsive at a price for the chief procure-
ment officer determines to be fair and reasonable
to the city, negotiations with that offeror shall be
terminated. The chief procurement officer shall
then undertake negotiations with the secondmost
responsible and responsive short-listed offeror. If
negotiations with the second most responsible
and responsive short-listed offeror are unsuccess-
ful, negotiations shall be terminated and the chief
procurement officer shall then undertake negoti-
ations with the thirdmost responsible and respon-
sive short-listed offeror. Should the chief procure-
ment officer be unable to negotiate a contract
with any of the short-listed offerors, the chief
procurement officer and the using agency may
select from the additional offerors that were not
short-listed in order of their responsibility and
responsiveness and the chief procurement officer
may continue negotiations in accordance with
this section until an agreement is reached.
(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)


The Magic of Friendship
Equestria is a magical land of adventure, opportunity, wonder, and friendship; but it is also a land of action, danger, old mysteries to unravel, and new challenges to overcome. From vanquishing frightening beasts from the Everfree Forest to learning lessons about the magic of friendship, as a player, you will guide your character through any number of situations and rely on yourself and your friends to succeed.
Perhaps your character maintains a dual identity as a mysterious masked hero, helping ponies before vanishing back into their mild-mannered alter-ego. Maybe your character is a talented artist, or magician, or athlete, striving to become the best at what they do. Or your character might simply be a number one assistant or another hard-working citizen of Equestria, making their way in the world as best they can—but destined for greatness.
Whatever their persona, goals, ambitions, or talents, nopony goes through life entirely alone. Even the most talented pony in Equestria benefits from having friends by their side, and a group of friends can accomplish what nopony can on their own. In My Little Pony: Roleplaying is Magic, friendship means more than just a few companions for an adventure; it is a powerful force worth fighting for.
You're All My Very Best Friends!
In My Little Pony: Roleplaying is Magic, there are three main ‘roles’ for the group of friends sitting around the gaming table to fill: Players, Characters, and the Game Master. It’s important to understand what these roles represent, and how they fit together. This section of the book deals with players and their characters, going in-depth into the concepts and mechanics of roleplaying with My Little Pony: Roleplaying is Magic.
Players are the driving force behind the action and adventure of the game, and it is the duty of the players to be creative and expressive in moving the story forward. At their core, players are responsible for entertaining themselves and each other, and ultimately, they are the ones with the power to steer the game in whatever direction they wish. This means that (despite appearances to the contrary) players have the most responsibility among the game group to ensure that the game they are playing is a fun, engaging, and rewarding experience.
Characters are the method of driving the story forward and of providing players with a vessel and a mechanism for making things interesting and fun. If the players are the ‘directors’ of a game of My Little Pony: Roleplaying is Magic, then the characters are the ‘actors;’ they provide the flavor and flair which give the game a personal feel.
The Game Master (or ‘GM’) is the writer, assistant, and supervisor for the game, and is responsible for fleshing out the world around the characters. While the players control only their characters, the GM controls everything else—but they are not the driving force behind the game, they merely assist the players in various ways to create a good story. Where the players have the most conceptual responsibility (that is, to ensure the quality of the game), the GM has the most logistical responsibility; it is the GM’s job to ensure that the game progresses smoothly and that the players have the situations, resources, and challenges they need to make the game fun.
She's Just Being Pinkie Pie
Many beginner roleplayers (and some experienced ones) have a tendency to fall into one of a few behaviors which can negatively effect the gameplay experience. It is important to know these behaviors so that they can be avoided, and help ensure that the group roleplaying is rich and enjoyable for everyone. The first and most prevalent of these behaviors is called ‘Meta-Gaming.’
Meta-Gaming is the use of information which a player knows but that their character would not, in deciding upon the actions of that character. An example of meta-gaming would be for a player who saw in their GM’s notes that a griffon is coming to town, to have their character be looking for a griffon or telling ponies that a griffon is coming to town. The reason this is meta-gaming is that, while the player has seen the GM’s notes, their character has no way of knowing about a griffon coming to town.
Meta-Gaming is one of the most fundamentally difficult behaviors to avoid, as it seems to be self-contradictory; a player controlling a character not using knowledge that player has, often seems strange to players who engage in meta-gaming. The reason it should be avoided is for the sake of immersion; pen and paper roleplaying is at its best when the players feel as if they are their characters, instead of simply controlling them. In essence, meta-gaming is like reading the ending of a book first; it ruins the fun of reading the story. In the case of the griffon example above, it is more ‘immersive’ and fun for everyone at the table if the player has their character act as if they do not know about the griffon coming to town, and thus act as surprised as everyone else.
You've Gotta Share, You've Gotta Care!
Another behavior to avoid is called ‘Main Character Syndrome.’ Main Character Syndrome is when a player acts as if their character is the most ‘special’ or ‘unique’ character, disregarding the importance of the characters other players are playing. Most often, this manifests itself as unnecessarily quirky or disruptive behaviors for the character, which serve to draw attention and make the game more fun for the player controlling the character, but not for the other players in the game.
While a character is always very personal to their player, it is important not to ‘hog the spotlight,’ so to speak, and to try to use your character (and sometimes step back from the action) to make the roleplaying experience fun for everyone. Often, these kinds of character ‘quirks’ seem to be a fun idea, but end up being a disruptive element or an unnecessary ‘speed bump’ to the flow of the game.
An example of main character syndrome would be for a character to be afraid of sunlight; while this might seem like an interesting and fun quirk in theory, in practice it simply means that every time the other characters want to do something during the day, they have to first deal with the fear—instead of focusing on the more important challenges at hand. Rather than adding to the fun and flavor of the game, it becomes a tedious and unnecessary barrier to overcome before the game group can get on with having fun.
If I Can't Find a Friendship Problem…
It is not uncommon for a game session to hit a point where the action has slowed down. Usually, this happens when the players didn’t pick up on a clue the GM gave them, or when the players are trying to do things one way, and the GM can’t or won’t tell them that they are focusing on the wrong thing, or that what they are trying to do won’t work. Whatever the cause, this slowdown is no one’s fault specifically, and can be easy handled if the players and GM cooperate.
In these lulls in the action (or ‘bottleneck scenes’) it is important for a player to find something for their character to do, and not just get stuck—as that leads to boredom. If a door won’t open, look for a secret switch, or a key. If a monster won’t go away, look around for an escape route. If nothing is going on, backtrack to see if there is something you missed. Often, this provides the GM with a way to let the action move forward, by improvising a potential solution or ‘work-around’ for the situation at hand.
…I'll Make a Friendship Problem!
While it is important to keep the action moving, it is also important to be constructive when seeking methods of doing so, instead of starting trouble for the sake of entertainment. Being disruptive or creating a problem in order to have something to do is yet another behavior to avoid, which is called ‘Starting Drama.’
An example of starting drama would be for a character who, whereupon finding a barn door locked, decides to burn down the barn instead of look for another way in—or a character who doesn’t have anything to do and who starts a fight to stir up some action. Often, a GM will work with a player to help them find a solution to a problem or find something to do, but it is important to leave options open. If a character sets fire to a barn, as in the example above, it will force events down a specific track, instead of giving the players and the GM some ‘breathing room’ to work out more constructive solutions.
Stop it, Discord; You’re Not Playing Fair
It is the role of a GM to provide challenges for the players and their characters, and from time to time, it is not uncommon for players to feel as though the GM is being unfair in the difficulty of a challenge. It is natural for players and GM’s to ‘lock horns’ over things from time to time, but it is also important that ultimately, they trust each other. When a player decides that the GM is the ‘enemy,’ they are falling into another behavior to avoid, called ‘Beating The GM.’
An example of beating the GM would be for a player to try to have their character go against the guidance of the GM, and try to do everything they can to use rules and technicalities to limit what the GM is able to do. The reason this is a behavior to avoid is two-fold. First, a GM’s enjoyment of the game is dependent on the players succeeding in their adventure, but also in truly earning their success and overcoming challenges; a good GM is not too lenient, not too strict, but fair. After all, the GM wants to have fun just as much as the rest of the game group.
Second, trying to limit the GM’s abilities only leads to less overall fun for the group. While it seems like a good idea to make sure the GM isn’t ‘cheating,’ it also prevents the GM from ‘cheating’ to help the group when they’re stuck, or ‘cheating’ to prevent an unlucky turn of events from ending the adventure unfairly. A GM needs a certain amount of leeway to improvise and react to the story as it unfolds, so that the game remains fun for the whole group. In short, the GM is not the enemy, but rather a friend and assistant to the players—whose job includes presenting challenges and hurdles to overcome.
 Instead, it focuses on the narrative, storytelling elements of roleplaying, and assumes that players and their GM will play fair and work together to create a good story.
There are many ways in which this system could be abused to accumulate power for an individual character, and in fact it was designed with that kind of flexibility in order to encompass many concepts and allow the players and the GM to use their imagination as much as possible. Players seeking to make characters who are ‘powerful,’ or who seek to ‘win’ a pen and paper roleplaying game are advised to find a different game to play. Players seeking to use their imagination to create a fun story for everyone at the game table, however, are encouraged to keep reading.
Make Some Friends!
Now that some core concepts have been discussed, and some disruptive behaviors have been outlined to be avoided, the next section will cover character creation utilizing the game mechanics themselves. Character creation is best done (and is a lot of fun) when done as a group, so gather your game group together, pass out character sheets, and make some friends!


Block 20,Flat 2,1004 Estate Victoria Island Lagos CONFIDENTIAL Dear Sir It's my pleasure to send you this mail which I hope you will treat as highly confidential. I am Mr.JERRY PETER ,A 53 years old man and the Deputy Treasury Officer with the Central Bank of Nigeria lagos.During the Military regime of Late General Sani Abacha, contracts runing into several millions of dollars were awarded to friends and cronies fronting for the late despotic ruler,but unfortunately before such payments could go through, he died mysteriously in power. I am writing you for assistance in transfering the sum of US$36.8 million dollars into your account.This amount represents just a payment due to one of his friends for a contract awarded to him but was not actually executed,he is afraid to come forward to claim the money for fear of being prosecuted. This money is lying dormant in the vaults of the Central Bank of Nigeria and I use this opportunity to crave your indulgience in transfering this money intoyour account, this business is totally risk free,it is only myself that is aware of this floating money.For your assistance,I am willing to give you 30% of the total sum,while you will assist me in investing my share in viable businesses in your country pending when I eventually resign my appointment and join you.Please if you know you can assist me,endeavour to get in touch with me as soon as possible so i can give you the necessary details so as to conclude the transfer within 7 working days. Regards, Mr.JERRY PETER ---------------------------------------------------------------- Ce service de mailing vous est offert par http://www.freesurf.fr. FreeSurf, votre acces ADSL a partir de 29 euros/mois http://www.freesurf.fr/adsl/


[1]
Reasonable picture quality; Not enough capacity.. Poor manual focus.
[2]
looks great; mpg4 format video