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HomeMy WebLinkAboutResolution No. R2025-16 RESOLUTION NO. R2025-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING RULES FOR THE RECEIPT OF ELECTRONIC BIDS AND PROPOSALS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 252.0415 AND REVERSE AUCTIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE. ****************************************************************** ****************** WHEREAS,the City Council of the City of Friendswood, Texas("City Council"), recognizes the importance of modernizing procurement processes to improve efficiency, transparency, and vendor accessibility;and WHEREAS, Section 252.0415 of the Texas Local Government Code permits municipalities to receive bids and proposals electronically, provided their governing bodies adopt rules to ensure (i) the identification,security,and confidentiality of electronic submissions and(ii)the electronic bids or proposals remain effectively unopened until the proper time;and WHEREAS, the City Council finds it in the best interest of the City to implement an electronic bidding process that will streamline procurement activities, increase vendor participation, and reduce administrative costs;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1.That the facts and recitations set forth in the preamble of this resolution are hereby found to be true and correct. Section 2. That the City Council hereby adopts the rules for the receipt of electronic bids and proposals as set forth in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 3. That any resolution or part of a resolution in conflict with this resolution is hereby repealed only to the extent of such conflict. Section 4. That if any portion of this resolution shall,for any reason,be declared invalid by any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof,and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 5. This resolution shall take effect immediately from and after its passage by the City Council of the City of Friendswood. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Friendswood on this the 7th day of April, 20 . /Ai M F• A , Mayor ATTEST: / i• . ir I ' / ,pFR/ENos, -t , LETI IA BRYSCII, City Sep U 4k ° M O r N� 5* APPROVED AS TO FORM: £OF TO`‘'.. ( ?5(Oril/a KAREN L. IIORNER, City Attorney EXHIBIT "A" Rules for Electronic Bids and Proposals 1. Policy Statement Electronic sealed bids or proposals shall be in accordance with Section 252.0415(a) of the Texas Local Government Code requiring the identification,security,and confidentiality of electronic bids or proposals to remain effectively unopened until the proper time. 2. Administration The Director of Finance, upon approval of the City Manager, shall have the authority to adopt procedures as necessary to further implement and comply with these Rules. The Purchasing Coordinator will be responsible for the administration of the City's electronic solicitation process in accordance with the City's procurement procedures and relevant laws.City staff responsible for assisting with electronic solicitation shall be trained to ensure compliance with the Rules and procedures. Additionally, the Purchasing Coordinator shall provide adequate notice to all participants in the City's electronic solicitation process of any procedures interpreting or impacting application of the Rules.The Purchasing Coordinator shall report any known violations of the Rules by staff to the Director of Finance for further action,as appropriate. 3. Platform Requirements The City may use an electronic bidding/proposal platform to solicit, receive, and process any and all procurements, including procurements for public works contracts, so long as the platform complies with the following: a. Identification. Electronic bids or proposals must include verifiable bidder/proposer identification, such as unique login credentials or digital signatures. b. Security. An electronic bidding/proposal platform utilized by the City shall include encryption, password protection, and secure login features to ensure the integrity of bids/proposals and prevent unauthorized access. c. Confidentiality. All electronic bids/proposals shall remain confidential and unopened until the designated opening time, when access and opening shall be restricted to authorized personnel only. 4. Process a. Selection of Platform. The City may contract with a third-party provider of an electronic bidding/proposal platform so long as the Purchasing Coordinator and the Director of Information and Technology review the capabilities and technical specifications of the platform and determine in their reasonable professional opinion that the platform has features to ensure (1) the identification, security, and confidentiality of electronic bids/proposals, (2) that electronic bids/proposals remain effectively unopened until unsealed by designated City staff, and(3)an audit trail is maintained of all key processes, including creating a bid/proposal,opening a bid/proposal, and sharing bids/proposals with others. b. Notice. All procurements using an electronic bidding/proposal platform shall include proper notice to potential bidders/proposers of how bids/proposals can be submitted and include directions or links to directions for how to submit bid/proposal responses. c. Addenda.Any modification to a procurement shall be announced in an addendum or other similar method published through the applicable electronic bidding/proposal platform. d. Submission. Bidders/proposers may submit electronic bids/proposals through the designated electronic bidding/proposal platform and shall receive prompt confirmation of receipt of a successful submission. Each electronic bid/proposal submitted in response to a bid/proposal solicitation must remain inaccessible or unreadable to all others except for the bidder/proposer prior to the time bids/proposals are opened. This restriction must apply to City staff as well as other bidders/proposers. Electronic submissions are subject to electronic interface latency, which can result in transmission delays. Therefore, submitters assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder/proposer is unable to submit a complete submission prior to the published deadline due to transmission delays or any other technical issues or obstructions.Bidders/proposers are strongly encouraged to submit bids/proposals early and to give adequate time in the event an issue arises. e. Opening. Only submissions received prior to the published deadline in the procurement document shall be opened at the appointed date and time. (1) The electronic bidding/proposal platform must have a mechanism to block any additional electronic bids/proposals or modifications thereto after the submission deadline. (2) The electronic bidding/proposal platform shall be synchronized to one or more atomic clocks to ensure exact recording of(i)the bid/proposal due date and time and(ii)the time and date of receipt of data for each submission. (3) The City's Purchasing Coordinator or designee, with an authorized password and only after the bid/proposal opening date and time, can open or cause to be opened the bid/proposal. (4) Once opened, the City staff will read aloud all submission responses timely received at the bid/proposal opening. f. Rejection of Submittal. (1) If,upon being opened, an electronic bid/proposal is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained,such electronic bid/proposal will be rejected without liability to the City,unless such bidder/proposer provides clear and convincing evidence: (a) of the content of the electronic bid/proposal as originally submitted and (b) that the unreadable condition of the electronic bid/proposal was caused solely by error or malfunction of the electronic bidding/proposal platform. Failure to scan a clear or readable copy of a bid/proposal into the system does not constitute and shall not be considered an error or malfunction of the platform. Bidders/proposers are encouraged to fully review each page of every document within their bid/proposal prior to submitting to ensure all documents are clear, legible, and complete. (2) Any tampering with the electronic bidding/proposal platform, the electronic bidding/proposal process, or electronic bid/proposal documents by an interested bidder/proposer shall result in the electronic submission of such bidder/proposer being rejected. g. Protests. The Purchasing Coordinator or designee must be able to verify when submissions and other relevant data are received in order to address any protests due to technical issues encountered in submitting electronic bids/proposals. 5. Audit.Access to the Platform by authorized users shall be logged and tracked in order to record when any user has accessed the system and what data the user accessed. 6. Compliance. The electronic bidding/proposal process shall comply with all applicable laws,the City Charter,and the City's Purchasing Policy.