When bids received pursuant to an invitation for bids under Section 3.08.150 are considered unreasonable by the procuring department/division/unit, or are not independently reached in open competition, or the low bid exceeds available funds as certified by the finance director, and it is determined in writing by the chief procurement officer, the head of a purchasing department/division/unit, or the designee of either officer above the level of procurement officer, that time or other circumstances will not permit the delay required to re-solicit competitive sealed bids, a contract may be negotiated pursuant to this section, provided that:

A. Each responsible bidder who submitted a bid under the original solicitation is notified of the determination and is given reasonable opportunity to negotiate;

B. The negotiated price is lower than the lowest rejected bid by any responsible and responsive bidder under the original solicitation;

C. The negotiated price is the lowest negotiated price offered by any responsible and responsive offeror. (Ord. 03-O-04 (part), 2003)