Pursuant to Revised Charter section 8.04, the exceptions and alternatives to the requirement for competitive bidding set forth in this chapter are deemed to be in the best interest of the city.
(A) No or rejected bids. If no bids are received after the advertisements or other solicitations required by this chapter, or if all bids are rejected, the City Manager shall have the authority to either seek new, competitive bids, or to obtain the goods and/or services for which funds have been appropriated through competitive bargaining without further legislative authorization, whichever is deemed to be in the best interest of the city.
(B) Used equipment or utilities. Regarding contracts for the purchase of used equipment or utilities such as gas, water, electricity, or telephone service for which funds have been appropriated, the City Manager shall have the authority to enter into contracts through competitive bargaining without further legislative authorization.
(C) Professional services. Pursuant to Revised Charter section 8.04(d), contracts for professional services are not subject to competitive bidding requirements and shall not require further legislative authorization where the operating budget provides sufficient funding.
(D) Cooperative purchasing programs. As an alternative to both competitive bidding and competitive bargaining, the City Manager shall have the authority to obtain goods and/or services for which funds have been appropriated through cooperative purchasing programs without further legislative authorization. As part of any cooperative purchasing program, the City Manager may agree that the city will be bound by contract terms and conditions prescribed by that program, including, without limitation, payment of a reasonable fee by the city to cover the administrative costs incurred by the program officials as a result of purchases by the city. The City Manager may also agree that the city will pay the vendor directly for items received by the city.
(E) Reverse auction. Whenever the city determines that the use of the reverse auction is advantageous to the city, the City Manager or his or her designee may purchase goods or services by reverse auction.
(1) The city, in establishing a reverse auction process, will:
(a) Determine the specifications and requirements of the goods or services to be acquired;
(b) Identify and provide notice to potential sellers concerning the proposed acquisition;
(c) Establish prequalification requirements to be met by a seller to be eligible to participate in the reverse auction.
(2) Prior to conducting a reverse auction, the city shall establish a threshold amount which shall be the maximum amount that the city is willing to pay for the goods or services to be acquired.
(3) The city shall enter into a contract with a seller which meets the specifications or description of the goods or services to be procured and whose proposal the city determines to be the most advantageous.
(F) Intergovernmental purchases. The proposed purchase is from or with another political subdivision, the Ohio State Government, or the United States Government.
(G) Design-build. The proposed purchase is a design-build construction project let under the procedures established by the City Manager or his or her designee.
(H) Construction-manager-at-risk. The proposed purchase is a construction-manager-at-risk project let under the procedures established by the City Manager or his or her designee.
(I) Purchases that do not exceed the bidding threshold set by Council.
(J) Real estate. The Council may, by ordinance, provide for the sale or lease of real property, with or without public bidding, on such terms and for such value as Council, in the exercise of its discretion, may deem reasonable and in the best interest of the city.
(Ord. 15-13, passed 2-25-13)