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5.33.330 Facsimile Bids and Proposals.

(Amended by Ordinance No. 183445, effective January 6, 2010.)

A.  City Authorization. The Chief Procurement Officer may authorize Offerors to submit Facsimile Offers. If the City determines that a Bid or Proposal Security is or will be required, the City should not authorize Facsimile Offers unless the City has another method for receipt of such security. Prior to authorization, the City must determine whether the City’s equipment and personnel are capable of receiving the size and volume of anticipated Offers within a short period of time and establish administrative procedures and controls:

1.  For receiving, identifying, recording, and safeguarding Facsimile Offers, and

2.  To ensure timely delivery of Offers to the location of Opening; and

3.  To preserve the “sealed” requirement of competitive Procurement.

B.  Provisions To Be Included in Solicitation Document. In addition to all other requirements, if the City authorizes a Facsimile Offer, the City will include in the Solicitation Document provisions substantially similar to the following:

1.  A “Facsimile Offer,” as used in this Solicitation, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the City via a Facsimile machine.

2.  Offerors may submit Facsimile Offers in response to the Solicitation. The entire response must arrive at the place and by the time specified in this Solicitation Document.

3.  That Offerors must Sign their Facsimile Offers.

4.  The City reserves the right to Award the Contract solely on the Facsimile Offer. However, upon the City’s request the apparently successful Offeror shall promptly submit its complete original Signed Offer.

5.  The data and compatibility characteristics of the City’s receiving Facsimile machine as follows:

a.  Telephone number;

b.  Compatibility characteristics, e.g., make and model number, receiving speed and communications protocol.

6.  The City is not responsible for any failure attributable to the transmission or receipt of the Facsimile Offer including, but not limited to the following:

a.  Receipt of garbled or incomplete documents.

b.  Availability or condition of the receiving Facsimile machine.

c.  Incompatibility between the sending and receiving Facsimile machine.

d.  Delay in transmission or receipt of documents.

e.  Failure of the Offeror to properly identify the Offer documents.

f.  Illegibility of Offer documents.

g.  Security and confidentiality of data.