HomeMy WebLinkAboutResolution 4735-01-2017 A Resolution
NO. 4735-01-2017
ADOPTING RULES GOVERNING THE RECEIPT OF
ELECTRONIC BIDS AND PROPOSALS
IN ACCORDANCE WITH SECTION 252.0415 OF
THE TEXAS LOCAL GOVERNMENT CODE
WHEREAS, under Chapter 252 of the Texas Local Government Code, the City of Fort Worth
(the "City") is subject to competitive procurement requirements for certain contracts involving the
expenditure of municipal funds in excess of$50,000.00; and
WHEREAS, the City is authorized under Section 252.0415 of the Texas Local Government
Code to receive competitive bids and competitive proposals through electronic transmission if the City
Council adopts rules to ensure the identification, security and confidentiality of electronic bids and
proposals, and to ensure that they remain effectively unopened until the proper time; and
WHEREAS, the increased use of electronic communications by businesses and government
entities necessitates the ability to accept bids or proposals through electronic transmission; and
WHEREAS, the ability to receive bids and proposals via electronic transmission will potentially
lead to the submission of more bids or proposals, thereby increasing competition, potentially reducing
prices, improving efficiency and lowering costs associated with the solicitation process for both vendors
and the City; and
WHEREAS, the City Council desires to adopt rules for receipt of electronic bids and proposals
so that the City can take advantage of the benefits anticipated by such action;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
I.
In order for the City to receive bids and proposals submitted pursuant to Chapter 252 of the
Texas Local Government Code through electronic transmission, the City Council hereby adopts the rules
attached hereto in Exhibit "A" (the "Rules")to ensure the identification, security, and confidentiality of
such bids and proposals and to ensure that such bids and proposals remain effectively unopened until the
proper time, as required by Section 252.0415 of the Texas Local Government Code.
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II.
The Rules will take effect on March 1, 2017.
III.
By Resolution, the City Council may amend these Rules at any time in order to promote
efficiencies in the City's procurement practices and to comply with applicable laws and regulations.
Adopted this 31St day of January, 2017.
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EXHIBIT "A"
RULES GOVERNING THE RECEIPT OF
ELECTRONIC BIDS OR PROPOSALS
I. POLICY STATEMENT FOR ELECTRONIC BIDS OR PROPOSALS
These rules establish the City of Fort Worth's (the "City") rules for electronic solicitation in
accordance with Section 252.0415, Texas Local Government Code to ensure the identification,
security and confidentiality of electronic bids or proposals, and to ensure that they remain
effectively unopened until the proper time (the "Rules"). The Rules will apply to both bids and
proposals that are submitted to the City pursuant to the requirements of Chapter 252, Texas
Local Government Code, as well as those contracts and procurements for which the City has
voluntarily elected to follow the competitive processes outlined in Chapter 252, Texas Local
Government Code.
II. ADMINISTRATION OF RULES FOR ELECTRONIC BIDS OR PROPOSALS
The City Manager shall have the authority to adopt procedures as necessary to further implement
and comply with these Rules. The Purchasing Manager will be responsible for the
administration of the City's electronic solicitation processes in accordance with the City's
procurement procedures, local, and state law. City staff responsible for assisting with electronic
solicitation shall be trained to ensure compliance with these rules. Additionally, the Purchasing
Manager shall provide adequate notice of any modifications or amendments of these rules to all
participants of the City's electronic solicitation process. The Purchasing Manager shall report
any violation of these rules by staff to the City Manager and the Human Resources Director in
accordance with the City of Fort Worth Personnel Rules and Regulations, as amended.
Rules for Electronic Bids or Proposals
Page 1 of 4
EXHIBIT "A"
III. RULES FOR ELECTRONIC BIDS OR PROPOSALS
LDEFINITIONS
A. Bid Open—A bid opening date and time as indicated by the date and time clock on
the City's computer network server before a bid or proposal contents can be accessed
by any person who is not associated with the submitting entity.
B. Buyer ID —The unique identifying username for City staff, other than the Purchasing
Manager, assigned to conduct procurement on City's behalf.
C. Manager ID—The unique identifying username for the City's Purchasing Manager.
D. Quote Number — A sequentially generated unique identifying number that is linked
with a particular request for bids or proposals and a particular Vendor ID and Buyer
ID.
E. System — The City's current procurement computer system and software used for
electronic bidding.
F. Username — The unique identifying login name for a user of the System such as a
Vendor ID, Manager ID or Buyer ID.
G. Vendor ID — The account for a business entity that registers in accordance with the
rules herein.
A. Ensurine Identification of Electronic Bids and Proposals
The City's system shall meet the following specifications:
1. Vendor Accounts. Each business entity shall have the entity's authorized
signatory establish an administrator account for the entity. The administrator account shall be
accessible only via input of a randomly generated or user-selected "Vendor ID" and a password,
which must meet the minimum requirements of the City's Information Technology ("IT")
Security Policy, Administrative Regulation D-5 (the "Security Policy"), as it may be amended
from time to time. The administrator account will have access rights to set up accounts with
other non-administrator Vendor IDs to establish individual users who are associated with the
business entity and authorized to respond to the solicitation and submit a response. Authorized
Vendor IDs and the associated passwords shall be inputted in order to access the system and
view, submit, alter, or withdraw a bid or proposal.
Rules for Electronic Bids or Proposals
Page 2 of 4
EXHIBIT "A"
2. Submitted Bids or Proposals. The System shall assign each submitted bid or
proposal with a Quote Number that is linked with a particular request for bids or proposals and
the submitting Vendor ID.
3. City Accounts. The City's Purchasing Manager shall establish an account with a
randomly generated or user selected "Manager ID" and a password, and associated "Buyer IDs"
and passwords for City staff, all of which must meet the City's IT Security Policy. Buyer IDs or
the Manager ID, and associated passwords, are required to access the System, to post or revise a
request for bids or proposals, and to retrieve or score submitted bids and proposals after the
designated Bid Open has passed.
B. Ensuring Security of Electronic Bids and Proposals.
To ensure the security of bids and proposals that are submitted through electronic transmission,
the System used for receiving bids and proposals shall comply with all of the following
specifications:
I. Access Rights. The System shall require input of a valid Vendor ID or Buyer ID
and password in order to exercise access rights and limit access in accordance with these rules.
2. Encryption. The System shall keep all passwords, bids, and proposals encrypted
utilizing best practices for algorithmic encryption. The System shall maintain the encrypted
passwords with the corresponding IDs in one or more database tables that are separate and
distinct from database tables used to store information directly related to requests for bids or
proposals and vendor responses.
3. Record Retention. The System shall maintain an electronic log and audit trail that
can be retrieved for the minimum required retention period from the Bid Open. The electronic
log shall document each attempted access to the System; Internet Protocol ("IP") address from
which the attempted access originated; any and all Quote Numbers attempted to be accessed;
date and time stamp indicating the server date and time immediately before and after the access;
and a summary of all actions taken or attempted. The System shall also maintain a back-up of all
data in accordance with the City's Security Policy, including off-site storage.
Rules for Electronic Bids or Proposals
Page 3 of 4
EXHIBIT "A"
C. Ensuring Confidentiality of Electronic Bids and Pronosals.
To ensure the confidentiality of bids and proposals that are submitted through electronic
transmission, the System shall comply with all of the following specifications:
1. Before Bid Open. Until the designated Bid Open has occurred, the System shall
limit access to information related to a Quote Number only to the Vendor ID that submitted the
bid or proposal. The City shall specify the Bid Open before the bid or proposal contents can be
accessed by any person who is not associated with the submitting entity. Buyer ID access shall
be limited to information showing the Vendor IDs of responders and the number of bids or
proposals that have been submitted. In the event of a formal amendment to the request for bids
or proposals, the City shall generate a notice through the System to all Vendor IDs and Buyer
IDs associated with the request for bids or proposals to inform them of the change.
2. After Bid Open. After the Bid Open has occurred, the System shall limit access
to the contents of each bid or proposal to a person who inputs a Buyer [D with sufficient access
rights to designate information in a bid or proposal as confidential. Contents being released to
public view with respect to a particular request for bids or proposals must be released
simultaneously for all submitted bids and proposals. After contents have been released for
public view, the System shall allow any person who inputs a valid Vendor ID or Buyer ID and
associated password to access those parts of a bid or proposal that have not been designated as
confidential and hide from view all contents that have been designated as confidential.
3. Award. After tabulation of the bids or proposals, staff will post the bid tabulation
and award information electronically on the City's Purchasing Division's website. The award
shall be made in accordance with the City's procurement procedures, local, and state law.
Adopted:
Resolution No.:
Rules for Electronic Bids or Proposals
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