Pursuant to Revised Charter Section 8.02(c), the following exceptions and alternatives to the requirement for competitive bidding set forth in this chapter are deemed to be in the best interest of the Village.
(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 Village Administrator 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 Village.
(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 Administrator shall have the authority to enter into contracts through competitive bargaining without further legislative authorization.
(c) Professional Services. Contracts for professional services are not subject to competitive bidding requirements and shall not require further legislative authorization where there are adequate unencumbered appropriations for that purpose.
(d) Cooperative Purchasing Programs. As an alternative to both competitive bidding and competitive bargaining, the Administrator 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 Administrator may agree that the Village will be bound by contract terms and conditions prescribed by that program, including, without limitation, payment of a reasonable fee by the Village to cover the administrative costs incurred by the program officials as a result of purchases by the Village or as a prerequisite to maintaining a membership in the program. The Administrator may also agree that the Village will pay the vendor directly for items or services received by the Village. The Administrator may also purchase goods and services upon equivalent or better terms; and, equal or better pricing than a Cooperative Purchasing Program without legislative action, competitive bidding, or competitive bargaining.
(e) Reverse Auction. Whenever the Administrator determines that the use of the reverse auction is advantageous to the Village, the Administrator or his designee may purchase goods or services by reverse auction.
(1) The Village, 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) Before conducting a reverse auction, the Administrator shall establish a threshold amount which shall be the maximum amount that the Village is willing to pay for the goods or services to be acquired.
(3) The Village 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 Village determines to be the Best Value.
(f) Intergovernmental Purchases. Proposed purchases from or with another political subdivision, the Ohio State Government, or the United States Government are not subject to competitive bidding requirements and shall not require further legislative authorization where there are adequate unencumbered appropriations for that purpose.
(g) Design-Build. Proposed purchases of a Design-Build Construction project let under the procedures established by Council are not subject to competitive bidding requirements and shall not require further legislative authorization where there are adequate unencumbered appropriations for that purpose.
(h) Construction-Administrator-At-Risk. Proposed purchases of a Construction-Administrator-At-Risk project let under the procedures established by Council are not subject to competitive bidding requirements and shall not require further legislative authorization where there are adequate unencumbered appropriations for that purpose.
(i) Purchases that do not exceed the bidding threshold set by Council are not subject to competitive bidding requirements and shall not require further legislative authorization where there are adequate unencumbered appropriations for that purpose.
(j) Real Estate. The Council may, by ordinance, provide for the purchase, 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 Village.
(Ord. 08-13. Passed 1-28-13.)