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(2) Where required by state or federal law or regulations, or upon request by a bidder, the bids shall be opened, if sealed, and declared in public at the time and place stated on the "Invitation for Bid." (3) If two (2) or more bids received are the same and the lowest, the city may choose either one. The city shall reserve the right to reject any or all bids. Section 9. Section 2-806 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-806. Procurement of materials, supplies, labor, and equipment in excess of twenty five thousand dollars ($25,000.00). Unless exempt from bidding pursuant to section 2-807, all contracts involving an expenditure in excess of twenty five thousand dollars ($25,000.00) for materials, supplies, labor, and equipment shall be let to the lowest responsible bidder in accordance with procedures established by the purchasing manager. Those procedures shall provide for at least the following: (a) Public notices inviting bids shall include a general description of the things to be purchased and the time and place for bid opening. Adequate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, in accordance with regulations established by the purchasing manager. To the extent that public notice is by way of publication in a newspaper of general circulation, such publication shall be for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. (b) Invitation of bids shall be mailed or transmitted by other means established by the administrative code but not recited over the telephone or in person. Any interested bidder may obtain an invitation for bid. (c) All bids shall be submitted sealed in accordance with the instructions contained in the "Invitation for Bid" form. (d) The bids shall be opened in public, at the time and place stated on the "Invitation for Bid." All bids shall be publicly declared. Section 10. Section 2-806.1 is added to Chapter 2 of the Santa Ana Municipal Code to read in full as follows: Sec. 2-806. 1. Acquisition of goods and services by reverse auctions; Posting on Internet; Registration and requirements; Inapplicability to construction contracts (a) Notwithstanding the bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of goods and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids may be accepted, and provide that the procedure shall remain open until the designated closing date and time. Ordinance No. NS-2742 Page 6 of9