HomeMy WebLinkAbout2003-2635 - Ordinance - 06/12/2003ORDINANCE NO. 2635
AN ORDINANCE ADOPTING RULES FOR ELECTRONIC TRANSMISSION OF BIDS OR
PROPOSALS, PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
That the "Electronic Procurement Rules" are hereby approved as set out in
Exhibit "A" attached hereto and made a part of this ordinance for all purposes.
PART 2:
That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3:
That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its
publication in the newspaper, as provided by Section 35 of the Charter of the City
of College Station.
PASSED, ADOPTED and APPROVED this 12th day of June, 2003.
APPROVED:
ATTEST:
Connie Hooks, City' S6'c~etar~,
RON ~IE~A~ Ma3~or
APPROVED:
!Appmv,'ed by: Iq;~h~'Cargi~; 6~. ~t16/03'
City Attorney
o/group/legal/departments/purchasing/electronic procurement rules ordinance, doc
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II.
EXHIBIT "A"
ELECTRONIC PROCUREMENT RULES
GENERAL STATEMENT
Ae
Electronic sealed bids or proposals shall be in accordance with Section
252.0415(a) of the Local Government Code requiring the identification, security,
and confidentiality of electronic bids or proposals to remain effectively unopened
until the proper time.
Be
Electronic reverse auctions shall be in accordance with Section 271.906 of the
Local Government Code as defined in Section 2155.062(d) requiring a real-time
bidding process taking place during a previously scheduled Intemet location with
multiple suppliers, anonymous to each other, submitting bids to provide goods or
services.
PROCEDURES
Ae
Electronic Bidding
1) Identification--Invitations to Bids and Requests for Proposals will be
advertised and issued in the current manner. A notification will be added to bid
terms and conditions stating vendors should submit responses electronically
through City's service provider at the appropriate electronic address listed. An
automatic "e-mail return notification" will be sent to the submitting vendor upon
receipt of their bid or proposal.
2) Security--At specified bid closing time, a password-enabled employee in the
Purchasing Division will open, download, and print all bids and the bid tabulation
summary assembled by City's service provider. The printing operation will occur
in the controlled environment of the Purchasing Division. A bid submitted non-
electronically within the bidding period will be considered as per the bid and
proposal document terms and conditions. All bids submitted electronically will
use the Advanced Encryption Standard (AES), a Federal Information Processing
Standard (FIPS) that specifies a cryptographic algorithm for use by U.S.
Government organizations to protect sensitive (unclassified) information.
3) Confidentiality--Bids will remain effectively unopened and confidential until
the specified time and date. Purchasing staff will then read aloud all bid
responses received by closing time and date to any interested parties present at the
bid opening. After tabulation of bids or proposals, staff will post bid tabulation
electronically with a qualifying statement: "The tabulation listing of a bid should
not be construed as a comment on its responsiveness or an indication that the City
accepts such bid as responsive. After evaluating bids or proposals, the City will
post tabulation and staff award recommendation of the contract on City
Purchasing Division's web site and through its Intemet service provider."
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B. Reverse Auctions
1) "Real-time" Bidding Process--Reverse Auctions will be will be advertised
and issued in the current manner as are Invitations to Bid and Requests for
Proposals. A notification will be added to bid terms and conditions stating
vendors should submit responses electronically through City's service provider at
the appropriate electronic address listed. The real-time bidding process will
usually last up to one (1) hour, or normally up to two (2) weeks, and taking place
during a previously scheduled period and scheduled Intemet location.
2) Multiple Bidders--Purchasing Staff along with its selected Intemet Service
Provider shall insure multiple, qualified bidders are available, interested and
notified electronically or otherwise of any current reverse bidding opportunity. A
notification will be added to bid terms and conditions stating vendors should
submit responses electronically through City's service provider at the appropriate
electronic address listed.
3) Anonymous Bidders~City's selected Intemet Service Provider (ISP) shall
insure the anonymity of all responding bidders through the assignment of a
"Bidder Number" to the Vendor (as opposed to their Vendor name) which will be
reflected on the ISP's web-site during the reverse auction bidding process. The
ISP web-site will reflect all active Vendors bidding by a) the Vendor's assigned
Bidder Number and b) their last entered bid price. After tabulation of bids, staff
will post bid tabulation with the same qualifying statement as expressed in
Section II, A(3).
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