Antioch Municipal Code Art. II Goods and Services; Professional Services

The following requirements apply to the purchase of goods and general services.

(A) Type of bid and approval authority required unless otherwise authorized by the Antioch Municipal Code or a specific state law:

(B) Formal bid. Request for formal bids shall be publicly advertised. Bids shall be in writing and sealed until the time of bid opening.

(C) Award of contract. The contract shall be awarded to the lowest responsive and responsible bidder, offering the best value to the city as defined in § 3-4.02.

(D) Exceptions. The bidding procedure under this section may be dispensed with under any exception set forth in § 3-4.12.

(E) No splitting. Splitting the purchase of goods or services into smaller orders for the purpose of evading the competitive bidding provisions of this section is not permitted.

(Ord. 2044-C-S, passed 11-9-10)

(A) Type of proposal process and contract required unless otherwise authorized by the Antioch Municipal Code or a specific state law:

(B) Award of contract. Award of contract shall be based on the best value to the city and as may be set forth in the RFQ or RFP. Pursuant to Cal. Gov't Code §§ 4525 et seq., the selection of architectural, landscape architectural, engineering, environmental, land surveying or construction project management firms shall be on the "basis of demonstrated competence and on the professional qualifications necessary or the satisfactory performance of the services required."

(C) Agreement. A professional services or consulting agreement shall be required unless waived by the City Attorney.

(D) Exceptions. The bidding procedure under this section may be dispensed with under any exception set forth in § 3-4.12.

(Ord. 2044-C-S, passed 11-9-10)

The city may dispense with bidding procedures for purchasing goods or services or proposal procedures for professional services in any of the following circumstances:

(A) Emergency. In an emergency situation as defined in § 3-4.02.

(B) Sole or limited source. When required goods or services are unique, of a proprietary nature, or of specific design or construction, then quotation or bidding procedures could be meaningless. Examples include hardware, software or communications equipment. In these cases, the using department shall keep a written record of the basis for this determination which shall be approved by the City Manager and Finance Director.

(C) Cooperative purchasing. If such purchases or services are based on an agreement or cooperative purchasing program entered into by any of the following, regardless of whether the city is a named party to the agreement or an actual participant in such a program:

(1) Any public agency situated within the United States, if the underlying purchase was made using competitive procurement procedures substantially similar to the city’s; or

(2) The California Multiple Award Schedules (CMAS). (Pub. Cont. Code § 10298 or other authority); or

(3) Sourcewell, a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling law Minn. Stat. § 123A.21.

(D) Not further the public interest. The goals of competitive bidding and purchasing procedures are: conserve public funds through reduction in cost and improvement in quality of goods and services procured; treat all prospective contractors and consultants in a fair manner; to eliminate favoritism, fraud and corruption in the awarding of public contracts; and to comply with applicable federal, state and local laws, including regulations of any funding sources for the procurement. In unique situations, the City Manager and City Attorney may determine in writing that these goals would not be met by engaging in the bidding procedures outlined in this chapter.

(Ord. 2044-C-S, passed 11-9-10; Am. Ord. 2194-C-S, passed 5-11-21)