Biggs Municipal Code Ch. 3.25 Purchasing

The purpose of this chapter is to establish consistent and transparent policies and procedures for the purchase of materials, supplies, equipment, and services by the City of Biggs, and to ensure compliance with all applicable federal, state, and local laws, including the California Public Contract Code and, where applicable, the Uniform Public Construction Cost Accounting Act (Cal. Pub. Cont. Code §§ 22000 through 22045).

(Ord. 440, 10/14/2025)

The City Council hereby adopts by reference the "City of Biggs Procurement Policy and Procedures Manual," as updated by Resolution No. 2025-32. Said manual shall serve as the primary document governing procurement procedures for all City departments.

(Ord. 440, 10/14/2025)

The City Administrator, or designee, shall serve as the City Purchasing Officer and shall have the authority and responsibility to implement and enforce the provisions of the Purchasing Policies and Procedures Manual.

(Ord. 440, 10/14/2025)

(1) The City of Biggs has, by resolution, elected to become subject to the Uniform Public Construction Cost Accounting Act (CUPCCAA), Cal. Pub. Cont. Code §§ 22000 through 22045.

(2) All public project contracting shall be conducted in accordance with the informal and formal bidding procedures and accounting practices authorized by CUPCCAA.

(3) The City Administrator is authorized to administer the Act in accordance with the procedures outlined in the Purchasing Policies and Procedures Manual and the Commission’s guidelines.

(4) Public project limits shall follow thresholds as updated by the State Controller’s Office in accordance with Cal. Pub. Cont. Code § 22032.

(Ord. 440, 10/14/2025)

All procurements shall follow the thresholds established in the adopted Purchasing Policy. Public works contracts shall follow CUPCCAA thresholds. Exceptions may be made only for emergencies, sole source procurements, cooperative contracts, or federally declared emergencies as detailed in the manual.

(Ord. 440, 10/14/2025)

(1) Public projects as defined in Cal. Pub. Cont. Code § 22002 and falling within the monetary limits set by Cal. Pub. Cont. Code § 22032(b) may be awarded using informal bidding procedures.

(2) The City shall maintain a list of qualified contractors by trade category, updated annually, pursuant to Cal. Pub. Cont. Code § 22034.

(3) Notices inviting informal bids shall be distributed to contractors on the City's list and/or to relevant construction trade journals as defined by the California Uniform Construction Cost Accounting Commission.

(4) The City Administrator or Public Works Director may award such contracts consistent with their delegated authority.

(Ord. 440, 10/14/2025)

The City shall utilize bidding procedures in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Cal. Pub. Cont. Code §§ 22000 et seq., for all public works projects. Bidding shall be conducted using informal or formal processes as outlined in BMC §§ 3.25.100 and 3.25.110, with limits established by the California Uniform Construction Cost Accounting Commission and as may be amended from time to time.

(Ord. 440, 10/14/2025)

All purchases of materials, supplies, equipment, and services shall be authorized via purchase order or purchasing mechanism approved in the City's adopted Procurement Manual. The City Administrator or designee shall serve as the Purchasing Officer and is authorized to approve and execute such orders consistent with budgeted appropriations and purchasing thresholds.

(Ord. 440, 10/14/2025)

Except in emergencies or where authorized by Council action, no purchase shall be approved unless there is a valid appropriation in the applicable fund or program. Emergency purchases shall comply with applicable procedures in the Procurement Policy Manual and CUPCCAA regulations. All purchases shall be recorded and reported as outlined in City purchasing procedures.

(Ord. 440, 10/14/2025)

All purchases and public works contracts shall follow the thresholds and processes established in the City's adopted Procurement Policy and consistent with applicable law, including CUPCCAA (Cal. Pub. Cont. Code §§ 22000 through 22045).

(1) Goods and Services. Procurement of supplies, equipment, and non-public works services shall follow the thresholds and procedures established in the City's Procurement Policy.

(2) Public Projects – CUPCCAA Thresholds.

(a) Public projects ≤ $75,000: May be performed by force account, negotiated contract, or purchase order (no bidding required).

(b) Public projects > $75,000 up to $220,000: Subject to informal bidding procedures under Cal. Pub. Cont. Code § 22032(b).

(c) Public projects > $220,000: Require formal bidding under Cal. Pub. Cont. Code § 22032(c).

(d) Projects exceeding $220,000 may be awarded to the lowest responsible bidder following a public advertisement and competitive sealed bidding.

(e) In accordance with Cal. Pub. Cont. Code § 22034(d), if all informal bids exceed $220,000, the City Council may, by four-fifths vote, award the contract to the lowest responsible bidder for $235,000 or less, provided the cost estimate was reasonable.

(3) Notice Inviting Bids (Formal Procedures).

(a) Notices shall describe the scope of work or goods to be acquired and the place and time for bid submission and opening.

(b) Notices shall be published at least once, at least 10 days before bid opening, in a newspaper of general circulation and/or posted in accordance with CUPCCAA guidelines.

(4) Bid Opening and Award.

(a) Sealed bids shall be opened publicly at the time and place stated.

(b) A tabulation shall be available for public inspection for no fewer than 30 days after bid opening.

(c) Contracts shall be awarded to the lowest responsible bidder unless the Council determines it is in the City’s best interest to award otherwise.

(5) Tie Bids and Rejections.

(a) Tie bids may be resolved by negotiation or drawing of lots.

(b) Council reserves the right to reject any and all bids.

(6) Bid Security and Bonds.

(a) The City may require bid security and performance bonds as specified in the bid solicitation documents.

(b) If a successful bidder fails to execute the contract, bid security may be forfeited.

(Ord. 440, 10/14/2025)

Public projects shall follow the thresholds set forth in the Uniform Public Construction Cost Accounting Act (Cal. Pub. Cont. Code §§ 22032 through 22034), as amended by AB 2192 (effective January 1, 2025):

(1) Projects $75,000 or less: may be performed by force account, negotiated contract, or purchase order (no bidding required).

(2) Projects over $75,000 up to $220,000: must be awarded through informal bidding procedures.

(3) Projects over $220,000: require formal bidding procedures (sealed bids under Cal. Pub. Cont. Code § 22032(c)).

(4) If all informal bids exceed $220,000, the governing body may, by four-fifths vote, award the contract to the lowest responsible bidder for $235,000 or less, if it determines the cost estimate was reasonable.

(5) The definition of “public project” shall include “installations,” as expanded by AB 2192.

(Ord. 440, 10/14/2025)

(1) For projects subject to informal bidding (> $75,000 and ≤ $220,000):

(a) The City shall maintain an annually updated list of qualified contractors by work category, pursuant to Cal. Pub. Cont. Code § 22034.

(b) Notice of informal bids must be distributed to contractors on the list and to relevant trade publications, in accordance with Cal. Pub. Cont. Code § 22036.

(2) Award shall be made to the lowest responsible bidder.

(Ord. 440, 10/14/2025)

The City shall comply with all cost accounting and reporting standards as specified in the CUPCCAA Policies and Procedures Manual, including procedures related to:

(1) Preventing bid splitting and ensuring accurate project cost estimates.

(2) Project classification reporting.

(3) Submission of informal bidding notices when required.

(4) Oversight and audits by the CUPCCAA Commission as authorized under Cal. Pub. Cont. Code § 22042.

(Ord. 440, 10/14/2025)

The Purchasing Officer, or designee, shall be responsible for verifying that all goods, materials, services, and equipment delivered to the City conform to the specifications, terms, and conditions of the applicable purchase order or contract.

The Purchasing Officer may, at their discretion, require inspection, testing, or certification to ensure compliance, including third-party testing or verification where appropriate or required by law. Inspection and acceptance procedures shall be outlined in the City’s Procurement Policy and applied consistently across departments.

(Ord. 440, 10/14/2025)

Each department shall periodically report surplus, obsolete, or nonfunctional equipment, supplies, or materials to the Purchasing Officer in a format consistent with the City's Procurement Manual.

The Purchasing Officer shall determine whether such items may be reassigned, disposed of, sold, recycled, donated, or traded in accordance with City policies and applicable laws.

All sales or disposal of surplus assets shall be conducted in a transparent manner and documented for audit and public accountability purposes.

(Ord. 440, 10/14/2025)