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(a) As used in this section:
(1) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.
(2) “Reverse auction” means a purchasing process in which offerors submit proposals in competition to sell services or supplies in an open environment via the internet.
(3) “Services” means the furnishing of labor, time, or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. “Services” does not include services furnished pursuant to employment agreements or collective bargaining agreements.
(4) “Supplies” means all property, including, but not limited to, equipment, materials, other tangible assets, and insurance, but excluding real property or interests in real property.
(b) Whenever the City is required by law to purchase services or supplies by competitive sealed bidding or competitive sealed proposals and the Manager determines that the use of a reverse auction is advantageous to the City, the Manager, in accordance with this section, may purchase services or supplies by reverse auction.
(c) The Manager or his or her designee shall solicit proposals through a request for proposals. The request for proposals shall state the relative importance of price and other evaluation factors. The Manager or his or her designee shall give notice of the request for proposals in accordance with the provisions of Section 210.02 of this Code.
(d) As provided in the request for proposals and in accordance with the provisions of Chapter 210 of this Code, and to ensure full understanding of and responsiveness to solicitation requirements, the Manager or his or her designee may conduct discussions with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. The Manager or his or her designee shall accord offerors fair and equal treatment with respect to any opportunity for discussion regarding any clarification, correction, or revision of their proposals.
(e) The City Council may award a contract to the offeror whose proposal the Manager determines to be the most advantageous to the City, taking into consideration factors such as price and the evaluation criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made.
(f) A performance bond in the amount of 100% of the proposed price shall be required.
(Ord. 6-04. Passed 5-17-04.)