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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. FrbuWowi 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. OR,,�,ovnan a ,J§4&*O-000404k,v.�6.ATTEST: A 1 , 06010006 �WQy g 0 0 o T 0 b a * i oa C hSec etary 4 g �d ���FFWRT WO RUT-tHi 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 Page 4 of 4