(a) As used in this section:
(1) “The City” means the City of Warren, Ohio.
(2) “Internet” means the international computer network of both federal and nonfederal interoperable pocket switched data networks, including the graphical subnetwork called the world wide web.
(3) “Reverse auction” means a purchasing process in which offerors submit proposals in competing to sell services or supplies in an open environment via the internet.
(4) “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.
(5) “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, the City may purchase such services or supplies by reverse auction should the City determine that the use of a reverse auction is advantageous to the City. Any use of a reverse auction shall be in accordance with state statute, this section, and any other applicable ordinances of the City.
(c) In making use of a reverse auction, the City 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 shall give notice of the request for proposals by and through its website located at www.warren.org (or any successor website). Offerors may also register on-line to be notified automatically of proposal opportunities.
(d) In making use of a reverse auction, the City may:
(1) On an auction-by-auction basis, determine in advance the maximum price that the City is able or willing to procure a service or supply for, and then post on the request for proposal that price as the “ceiling price” for that service or supply.
(2) On an auction-by-auction basis, require a fee to be paid by each offeror for the download of information on the website. Any such fee shall be reasonable and shall be based upon the cost to the City of such activity.
(3) On an auction-by-auction basis, and to ensure full understanding of and responsiveness to solicitation requirements, conduct discussions with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. The City shall accord offerors fair and equal treatment with respect to any opportunity for discussion regarding any clarification, correction or revision of their proposals.
(e) In making use of a reverse auction, the City shall post on a request for proposal:
(1) An itemized list of the service or supply to be procured, including the quantity thereof.
(2) The date and duration of the auction.
(3) The date any proposal is due in to the City.
(4) The method by which any proposal shall be submitted to the City, which shall include electronic submission, mail, courier service, or personal delivery.
(5) The name and address to which any proposal shall be submitted.
(6) Whether or not any particular bond(s) is required.
(7) Whether or not any particular fee is required from an offeror.
(8) Whether or not the City will conduct discussions with responsible offerors who submit proposals to be reasonably susceptible of being selected for award.
(9) Any other instructions or conditions for participation.
(10) Any other information or matters required by law or ordinance.
(f) In making use of a reverse auction, the City shall:
(1) Notify each successful offeror of that fact within ten (10) business days after the end date of the auction. Such notice may be made by email.
(2) Post conspicuously and continuously on the City’s aforementioned website the fact that the City can, and does, procure services and supplies by reverse auction.
(3) Post conspicuously and continuously in a public place in Warren City Hall the fact that the City can, and does, procure services and supplies by reverse auction.
(4) Require that each successful offeror post a performance bond (or other form of financial security) in the amount of the contract, payable to the City, and conditioned that the successful offeror will faithfully execute the terms of the contract.
(5) Comply with all applicable terms and conditions required by law or ordinance.
(g) In making use of a reverse auction, the City shall, and does, reserve the right to accept or reject any proposal, in whole or in part, and to waive any informalities or irregularities in any proposal received.
(h) In making use of a reverse auction, the City may award a contract to the offeror whose proposal the City 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 upon which the award is made.
(i) Any purchasing preferences or public contracting preferences that favor Ohio mined, excavated, produced, manufactured, raised or grown products or Ohio-based contractors shall not apply to or affect purchases by the City of services or supplies by reverse auction.
(j) The City assumes no responsibility for, and shall have no responsibility for, costs incurred by any offeror prior to the award of any contract resulting from reverse auction.
(Ord. 11758/04. Passed 3-10-04.)