1288
0001.61
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ORDINANCE NO. 1288 (#21- 06)
AN ORDINANCE PROVIDING FOR CREATION OF JMC ~3.08.070; FOR THE
ADOPTION OF A REVERSE INTERNET AUCTION OPTION FOR PURCHASE
OF GOODS AND SERVICES; AND, FOR OTHER PURPOSES.
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WHEREAS, Act 1957 of 2005, codified as ACA ~14-58-303(c), provides that
cities in Arkansas shall have the option to make purchases by participation in a
reverse Internet auction;
WHEREAS, the Act requires that a city wishing to implement reverse Internet
auctions must enact an ordinance authorizing same, noting that the Act forbids the
use of reverse Internet auctions for purchases and contracts for construction
projects and materials; and,
WHEREAS, Jacksonville officials believe that the use of Internet reverse
auctions will result in significant savings in the expenditure of public funds and is in
the public interest.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: JMC ~3.08.070 is hereby created and shall read as
follows:
JMC ~3.08.071 Definitions
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A.
"Reverse Internet auction" means an Internet-based process
in which bidders:
(1) Are given specifications for items and services being
sought for purchase by a municipality;
(2) Bid against themselves in order to lower the price of the
item or service to the lowest pOSSible level; and
B. "Reverse Internet auction vendor" means an Internet-based
entity that hosts a reverse Internet auction.
JMC ~3.08.072 Bidders shall be provided instructions and individually
secured passwords for access to the reverse Internet auction by the City or the
reverse Internet auction vendor. Any reverse Internet auction shall be held at a
specified date and time. The bidding process shall be timed, and the time shall be
part of the reverse Internet auction specifications and instructions.
JMC ~3.08.073 The reverse Internet auction and bidding process shall
be interactive, with each bidder able to make multiple bids during the allotted time.
Each bidder shall be continually signaled his or her relative position in the bidding
process in some manner.
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JMC ~3.08.074 Bidders shall remain anonymous and shall not have
access to other bidders, bids, or bidding information so as to create any unfair
competitive advantage.
JMC ~3.08.075 A reverse Internet auction as contemplated by this Code
shall not be used for purchases and contracts for construction projects and
materials.
JMC ~3.08.076 A fee may be included as part of the bids received during
the reverse Internet auction and shall be paid by the winning bidder or paid
separately by the City.
JMC ~3.08.077 The City Council or its designated representative shall
have access to real-time data including all bids, bidders, and bid amounts.
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ORDINANCE NO. 1288 (#21- 06)
PAGE TWO
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JMC 93.08.078 The City has the right to refuse any and all bids made
during the reverse Internet auction. The right to begin the reverse Internet auction
process anew is reserved if the City or its designated representative determines it
is in the best interest of the City to do so.
JMC 93.08.079 All powers and duties assigned to the City in this Code
are hereby delegated and shall be executed by the Mayor or his authorized and
designated representative, except as otherwise determined by separate motion or
resolution approved by a majority vote of the City Council.
SECTION TWO: All Ordinances or parts of Ordinances and Resolutions
in conflict herewith are hereby repealed to the extent of said conflict.
SECTION THREE: This Ordinance shall take effect from and after its date
of passage pursuant to and by applicable law.
APPROVED AND ADOPTED THIS 3tr\ DAY OF AUGUST, 2006.
CITY OF JACKSONVILLE, ARKANSAS
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TOMMY AI MAYOR
ATTEST:
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