Chapter 4.12 — PURCHASING PROCEDURES

All purchases of and contracts for materials, supplies, services, furnishings, equipment, livestock and other personal property, which the purchasing agent of the county is authorized to purchase for all departments, offices, boards, courts, commissions and institutions of the county, shall be based wherever possible on competitive quotations.

(Prior admin. code § 4-3.01)

If the amount of the expenditure is estimated to exceed one hundred thousand dollars ($100,000.00), formal sealed bids shall be solicited by a notice published at least once in a newspaper printed and published in the county inviting sealed competitive bids. At least five calendar days must elapse between the date of the last publication and the date for submitting bids. Such notice shall include a general description of the articles to be purchased, shall state where specifications and bid blanks may be secured, and the time and place for opening of bids. The purchasing agent shall also solicit sealed competitive bids from prospective suppliers by sending a copy of such newspaper notice or such other notice as will acquaint such prospective suppliers with the proposed purchase. The purchasing agent may keep lists of interested or prequalified bidders for circulation and may take other reasonable measures to assure that calls for bids are adequately publicized. The bids shall be sealed when submitted and shall be opened in public at the time and place stated in the newspaper notice. Each bid, with the name of the bidder, shall be entered on a record, and each record with the successful bid indicated thereon shall, after the award of the order or contract, be open to public inspection.

(Ord. 96-91 § 1 (part): prior admin. code § 4-3.02)

The purchasing agent may require prequalification of prospective bidders who wish to be included on lists of interested bidders and receive circularization of formal bids. Prequalification shall be based on the prospective bidder's response to required statements, questionnaires and other information. A bidder's name may be removed from the lists of interested or prequalified bidders under the following conditions:

A.

Failure, neglect or refusal to respond to questionnaires or furnish the purchasing agent with such financial statements and other information as may be required;

B.

Failure, neglect or refusal to respond to three consecutive bids for commodities of a class furnished by him;

C.

Failure to successfully perform under a previous purchase order or contract;

D.

Failure, neglect or refusal to respond to inquiry from the purchasing agent as to his continued interest;

E.

A written request to be removed from the bidder's list;

F.

His qualifications change to the extent that he no longer meets the minimum requirements of bidders offering commodities of a class furnished by him.

(Prior admin. code § 4-3.03)

If the amount of the expenditure is one hundred thousand dollars ($100,000.00) or less, informal requests for quotation in the open market may be taken and the purchasing agent shall take reasonable measures to assure that requests for quotations are adequately publicized and the prospective bidders have a reasonable opportunity to submit their quotations. Such quotations may be oral, by telephone, or written. However, purchases may be made on a spot-purchase basis if, in the opinion of the purchasing agent, the county's best interest would be served or the best purchase is indicated from past experience or records.

(Ord. 96-91 § 1 (part): prior admin. code § 4-3.04)

The purchasing agent may engage independent contractors to perform sundry services, including but not limited to, the construction or repair of public buildings and structures, pursuant to Government Code Section 25502.5 or Public Contract Code Section 22003; and may contract for special services pursuant to Government Code Section 31000 for county and the offices thereof.

(Ord. 2008-18 § 1)

The purchasing agent may purchase perishable materials and supplies, and may make emergency purchases without the necessity of complying with Section 4.12.020. However, a full written account of the circumstances necessitating any such emergency purchase must be submitted to the purchasing agent by

the county officer or department head issuing such emergency requisition, and the purchasing agent or his authorized deputy or assistant must concur that the emergency purchase requested is essential to the health, safety and welfare of the people or for the protection of property and arises from a present, immediate and existing emergency which could not reasonably be foreseen. The records of such transaction shall be open to public inspection.

(Prior admin. code § 4-3.06)

The purchasing agent need not comply with Section 4.12.020 in unusual cases where the board of supervisors has, by resolution, found and determined the public interest would not be served by complying with such provisions. In such unusual cases, the contract shall be awarded to a firm or firms located in Alameda County, unless the board of supervisors directs otherwise.

(Ord. 96-76 § 1: prior admin. code § 4-3.07)

The purchasing agent shall not, for the purpose of evading this chapter, split or separate into smaller units of purchase any transactions covered by this chapter.

(Prior admin. code § 4-3.08)

Any violation of this chapter renders the contract or transaction involved voidable at the option of the board of supervisors.

(Prior admin. code § 4-3.09)

The purchasing agent shall not furnish any materials, supplies, equipment or other personal property for any department, officer, board, court, commission or institution unless the auditor certifies that there is an unencumbered balance to the credit of such department, office, board, court, commission or institution sufficient to pay therefor.

(Prior admin. code § 4-3.10)

No amounts appropriated in the final budget for any capital outlay or any replacement item shall be expended without the approval of the county administrator.

(Prior admin. code § 4-3.11)

All formal bids with the names of the bidders and the amounts thereof, together with all documents pertaining to the award, shall be made a part of a file or record. All awards made to other than the lowest bidder meeting specifications, the names of the bidders and amounts of each bid, and an explanation of the reason for the award to other than the lowest bidder meeting specifications shall be part of a file or record, open to public inspection.

(Prior admin. code § 4-3.12)

In the purchase of property by the county, price and quality being equal, preference shall be given to Alameda County products.

(Prior admin. code § 4-3.13)

The purchasing agent may initiate and shall approve all transfers of equipment, machinery, furnishings or supplies into salvage or from salvage, or from one county department to another, except property the use of which is restricted by state or federal statutes or trust purposes. The purchasing agent shall notify the auditor-controller of all such approved transfers.

(Prior admin. code § 4-3.14)

A five percent preference shall be granted to Alameda County products or Alameda County vendors on all sealed bids on contracts except with respect to those contracts which state law requires be granted to the lowest responsible bidder. An Alameda County vendor is a firm or dealer with fixed offices or distribution points located in and having a street address within the county for at least six months prior to the date upon which a request for sealed bids or proposals is issued; and which holds a valid business license issued by the county or a city within the county. Alameda County products are those which are grown, mined, fabricated, manufactured, processed or produced within the county.

(Ord. 2004-14 § 1 (part); prior admin. code § 4-3.15)

The purchasing agent, to the maximum extent economically feasible, shall establish and implement purchasing practices, including exemption from Section 4.12.020 where appropriate, which assure purchase of materials, goods and supplies which are recyclable or recycled as defined by Section 12200 of the Public Contract Code.

(Prior admin. code § 4-3.16)