Burbank Municipal Code Div. 2 Procurement Process for Goods and Services

Except as provided in Section 2-2-112 of this division, all purchases or contracts for goods and services by the City, including approval of purchases through the Resolution approving the annual budget, shall be made through competitive bidding. Competitive bidding includes the use of cooperative purchases, where goods or services can be purchased in cooperation with other public agencies, associations, or when goods or services can be purchased from a vendor offering the same prices, terms and conditions as in a previous award from the City or another public agency either by competitive bid or through a negotiated process and, in the opinion of the Purchasing Manager, it is to the City’s advantage to do so. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

Competitive Bidding for goods or services may be dispensed in any of the following instances:

A. By the Purchasing Manager, pursuant to the applicable Administrative Procedure, as follows:

1. When the annual amount of the purchase or contract is ten thousand dollars ($10,000.00) or less per vendor, per year, per departmental division;

2. When it has been determined that the City’s requirements can be met solely by a patented, copyrighted or proprietary article or process available from a sole source. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items in use by the city is the overriding consideration;

3. When an emergency exists and it is in the public interest to dispense with competitive bidding because of urgent necessity for the preservation of life, health, or property, or to restore services to the public;

4. For the renewal of an authorized multi-year agreement that does not exceed the cumulative term of five years;

5. When obtaining cable or gas utility service;

6. For periodical subscriptions, memberships and fees;

7. When Public Works Construction is performed by the City by its own employees, including work mentioned in Section 1205(a) of the City Charter, the estimated cost of which does not exceed the amount established by 2-2-116.

B. By the City Manager when deemed necessary for customer service or otherwise in the best interests of the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

All bids or proposals, except as provided in Section 2-2-102 and Division 3 of this Article, shall be solicited, received or opened pursuant to the applicable Administrative Procedure and as addressed below:

A. Bid or Proposal Information: The solicitation should include information regarding the place, due date, and manner to which bids or proposals must be submitted, and refer to the directions provided in the solicitation for bids or proposals.

B. Changes: No changes in the notice for bids or proposals and related documents shall be made less than three (3) calendar days prior to the date set for the bid/proposal opening, unless approved by the Purchasing Manager or their designee. All changes shall be made in the same manner that the bids or proposals were solicited. All addendums, as required, must be acknowledged as received when bids or proposals are submitted.

C. Opening of Bids and Proposals:

1. Informal bids may be opened by the Department or the Purchasing Manager pursuant to the applicable Administrative Procedure.

2. Formal (open process) Competitive Bids may be opened by the Purchasing Manager after the solicitation due date and time pursuant to the applicable Administrative Procedure.

3. Formal (closed process) Competitive Bids shall remain closed or sealed until the time of the bid opening pursuant to the applicable Administrative Procedure. Bids shall be opened and announced in City Council Chambers or as otherwise noted in the solicitation. Postponement or relocation of the bid opening may be accomplished by an announcement to that effect at the time and date set for the bid opening or by addendum issued to all vendors that have downloaded the bid electronically or have been issued plans and specifications from the Purchasing Division. Receipt of proposals will be announced at the Public Bid and Proposal Opening, but the content of proposals will not be announced.

4. Reverse Auction: Final bids shall become due at the time and date specified in the Notice Inviting Bids. The bids will be publicly announced in City Council Chambers or as otherwise noted in the solicitation. The due date and time may be extended by notifying the bidders on-line during the live auction process.

5. Request for Proposals: The proposals shall be opened by the scheduled date and time, pursuant to applicable Administrative Procedure.

D. Bid or Proposal Irregularities: Except for bids under Division 3 of this Article, the Purchasing Manager shall have the authority to waive all minor irregularities in bids that do not provide an unfair advantage to the bidder.

E. No Bids: If no bids are received, the Purchasing Manager may proceed without further competitive bidding.

F. Rejection of Bids: The Purchasing Manager may reject any and all bids received if it is determined that it is in the best interest of the City. If all bids are rejected, the Purchasing Manager may solicit new bids to obtain the goods or services from a vendor.

G. Award of Contract:

1. For Bids: Awards shall be made by the Purchasing Manager to the lowest responsive and responsible bidder(s) using the criteria provided in Section 2-2-114. When a Burbank firm is involved in a tie bid with one or more firms from outside the City, all other things being equal, the award shall be made to the Burbank firm.

2. For Proposals: Awards shall be made on the basis of Best Value, as determined by established criteria and by the evaluation of a proposal committee.

3. The award may be split between two or more bidders if it is in the City’s best economic interests to do so as determined by the Purchasing Manager.

H. Protest and City Response:

1. Three (3) City working days prior to making an award, the City will issue an Intent to Award Letter to each Responsive Bidder. Any Responsive Bidder receiving said letter may protest the award. A written protest must be received by the Purchasing Manager within 3 working days of the notification date of the intent to award letter noting the specific reasons for the protest and all relevant documentation.

2. The Purchasing Manager shall review the protest and provide the protesting bidder with a written decision regarding the protest within three (3) working days from the receipt of the written protest.

3. Any appeal of the Purchasing Manager’s decision may be made to the City Manager within three (3) City working days of the date of the decision. The City Manager’s decision shall be binding and final.

4. In circumstances of urgent need and when it is in the best interest of the City to do so, the City Manager may dispense with the protest procedure provided for in this section and make the award.

5. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

The following factors shall be considered, in evaluating bids or proposals:

A. The quality of supplies offered;

B. The ability, capacity and skill of the bidder to perform the contract or provide the supplies or services required;

C. Whether the bidder can perform the contract or provide the goods or services promptly, or within the time specified, without delay or interference;

D. The sufficiency of the bidder’s financial resources and the effect thereof on their ability to perform the contract or provide the goods or services;

E. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

F. The quality of the bidder’s performance on previous orders or contracts with the City or other entities;

G. Litigation involving the bidder on previous orders or contracts with the City or if the vendor or contractor is in default on the payment of taxes, license, or other monies due the City;

H. The previous and existing compliance by the bidder with laws and ordinances relating to the subject of the purchase or contract;

I. The ability of the bidder to provide future maintenance and service where such maintenance and service is desirable;

J. Payment of local sales or use taxes that will accrue to the City;

K. For Bids: Whenever possible, if the cost for goods or services is the same or lower than the cost of goods and services from other countries, the City will make reasonable efforts to purchase goods made in America or services with product components made in America.

For Proposals: Whenever possible, if two or more proposers are tied with the highest scores, the City will make reasonable efforts to purchase goods made in America or services with product components made in America.

L. For Bids: Whenever possible, if the cost for goods or services is the same or lower than the cost of goods and services from other contractors and vendors, the City will make reasonable efforts to give preference to qualified contractors and vendors using reduced-emission equipment for City construction projects and contracts for goods and services, and to businesses that practice sustainable operations.

For Proposals: Whenever possible, if two or more proposers are tied with the highest scores, the City will make reasonable efforts to give preference to qualified contractors and vendors using reduced- emission equipment for City construction projects and contracts for goods and services, and to businesses that practice sustainable operations. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. If the successful bidder refuses or fails to accept a purchase order or enter into a contract, as the case may be, within fifteen (15) City working days after such bidder has been notified of the award, the successful bidder is technically in default and the following actions may be taken:

1. The time for the bidder to enter into the contract may be extended for an additional period of five (5) City working days with written approval of the Purchasing Manager.

2. Or the Purchasing Manager may make the award to the next lowest Responsive Bidder.

B. The defaulting bidder shall be liable to the City for the amount of the difference between their bid and that of the next lowest Responsive Bidder and any bid security shall be forfeited to the City. If the award is thus made to the next lowest Responsive Bidder, the amount of the defaulting bidder’s security, if any, shall be applied by the City to the difference between the defaulting bid and the second lowest bid, and the surplus, if any, shall be returned to the defaulting bidder. If there is not enough bid security to compensate the City for its loss, the defaulting bidder shall be liable for the deficit. [Added by Ord. No. 19-3,923, eff. 12/6/19.]