A. Authorized: The city, or any public trust of which the city is beneficiary, is authorized to use a reverse auction bidding procedure to obtain bids for the purchase of goods or services of any type or kind. The reverse auction shall be a real time bidding process taking place at a previously scheduled time and internet location and for a previously established duration, in which multiple suppliers, anonymous to each other, submit bids to provide the goods or services. The reverse auction procedure may be used as an alternative to any state law applicable to the purchase of the goods or services.
B. Procedure: The procedure shall provide:
1. A bid opening and bid closure. At the opening date and time, the city or public trust shall begin accepting reverse auction electronic bids. Reverse auction bids shall be accepted until the bid closure, except as provided by subsection B6 of this section, unless the city or public trust determines it is in the best interest of the city or public trust to extend the closing time and notifies the reverse auction bidders of the extended closing time by public announcement at the internet location at least fifteen (15) minutes prior to the original closing time;
2. The posting of all reverse auction bids electronically and updating of bids on a real time basis by the city or public trust;
3. The authorization for the city or public trust to require bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the solicitation or applicable acts;
4. The authorization for the city or public trust to also require potential bidders to prequalify as bidders and to restrict solicitations to prequalified online and reverse auction bidders;
5. The retention of the authority of the city or public trust to determine the criteria that will be used as the basis for making awards; and
6. The authorization for the city or public trust to determine it is in the best interest of the city or public trust to allow it to accept an electronic bid after the specified official closing date and time, in the event the municipality or public trust determines that a significant error or event occurred that affected the electronic receipt of any reverse auction bid by the city or public trust.
C. Public Disclosure Laws: All bids submitted electronically through the reverse auction bidding process pursuant to this section are subject to the same public disclosure laws that govern bids received pursuant to any other law of this state governing procurement procedures for a municipality or public trust.
D. Remedies: All remedies available to the city or public trust and suppliers through a bid process pursuant to any other law of this state are also available to the city or public trust reverse auction bidders in a reverse auction bidding process. (2001 Code § 39.04)