105.011 REVERSE AUCTION METHOD OF COMPETITIVE BIDDING.

   (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)   In addition to any purchasing methods authorized by Section 105.01, the City Manager is permitted to use the reverse auction method, established in this section, to comply with his or her obligations to take bids for municipal expenditures pursuant to Section 105.01(b).

   (c)   The City Manager or 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 City Manager or designee shall give notice of the request for proposals by publishing said request twice in a newspaper in general circulation in the City.

   (d)   As provided in the request for proposals, and to ensure full understanding of and responsiveness to solicitation requirements, the City Manager or designee may conduct discussions with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. The City Manager or 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 City 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. 4-05. Passed 2-21-05.)