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5.34.340 Electronic Procurement.

(Amended by Ordinance Nos. 183445 and 185898, effective February 20, 2013.)

A.  General. If the Public Improvement Contract has an estimated cost in excess of $125,000, the advertisement must be published in at least one trade newspaper of general statewide circulation, except in circumstances where the Chief Procurement Officer finds that Electronic Advertisements are likely to be cost effective.

B.  The City may post a notice of Intent to Award a Contract Electronically at least seven (7) Days before the Award of a Public Contract. 

C.  Required Factors.  In determining whether to authorize Electronic Bids or Proposals, the City shall consider factors such as:

1.  Anticipated Bid or Proposal size and volume;

2.  Whether there is an urgent need for the Work being procured;

3.  Frequency of price changes;

4.  Availability, reliability, speed, and capacity of the receiving Electronic equipment;

5.  Adequacy of administrative procedures and controls for receiving, identifying, recording, and safeguarding Electronic Bids or Proposals, and ensuring their timely delivery to the Bid or Proposal Opening location; and,

6.  The means and method for sealing or securing the transmitted documents to preserve the sealed requirement of competitive Procurement.

D.  Security.  If Bid or Proposal Security is required, Electronic submission shall not be authorized unless the City has provided another method for receipt of the security.

E.  Authorization; Contents of Solicitation Document.  Bids or Proposals may be submitted Electronically only if specifically authorized by the Solicitation Document.  If Electronic transmission is authorized, the City shall include provisions substantially similar to the following in the City’s Solicitation Document:

1.  Definition. Electronic Bid or Proposal, as used in this Solicitation Document, means a Bid or Proposal, modification of a Bid or Proposal, or withdrawal of a Bid or Proposal that is Electronically transmitted to and received by the City, in the manner specified in the Solicitation Document. 

2.  Timely Submission. Bidders or Proposers may submit Electronic Bids or Proposals in response to this Solicitation Document. The entire Electronic Bid or Proposal shall arrive at the place and by the time specified in the Solicitation Document.

3.   Rejection of Bids or Proposals. Electronic Bids or Proposals that fail to furnish required representations or information, that are contingent or that reject or take exception to any of the terms, conditions, and provisions of the Solicitation Document, may be rejected and excluded from consideration, as otherwise provided by this Chapter.

4.  Signatures. Electronic Bids or Proposals shall contain the required signatures.

5.  Request for Original. The City reserves the right to Award the Contract solely on the Electronic Bid or Proposal. However, if requested to do so by the City, the apparently successful Bidder or Proposer agrees to promptly submit the complete original signed Bid or Proposal.

6.  Transmission Information. Data and compatibility characteristics.

7.  Non-Responsibility for Transmission Failure. If the Bidder or Proposer chooses to transmit an Electronic Bid or Proposal, the City shall not be responsible for any failure attributable to the transmission or receipt of the Electronic Bid or Proposal regardless of cause.