Elk Grove Municipal Code Art. IV Purchasing Commodities and Equipment

This article applies to the purchase of commodities and equipment purchased on behalf of the City except for those supplies or materials governed by the Public Contract Code. The purpose of this article is to establish efficient procedures for the purchase of commodities and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

For purchases of Ten Thousand and no/100ths ($10,000.00) Dollars or less, the purchasing procedures shall be established by an administrative regulation of the City Manager.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 18-2023 § 3 (Exh. A § 4(a)), eff. 10-13-2023)

A. Informal Bidding and Quotation Procedure. The purchase of commodities and equipment from Ten Thousand and 01/100ths ($10,000.01) Dollars up to Fifty Thousand and no/100ths ($50,000.00) Dollars may be made in the open market, following the informal bidding and quotation procedure prescribed below:

1. Minimum Number of Quotations. Open-market purchases shall, whenever feasible, be based on at least three (3) bids or quotations and shall be awarded to the lowest responsible quotation.

2. Notice Inviting Bids or Quotations. The department making the purchase shall solicit bids or quotations by written (including e-mail) or verbal request to prospective vendors.

3. Bids and Quotations. Bids or quotations shall be submitted in writing (including facsimile and e-mail) to the department, which shall keep a record of all open-market orders and quotes for a period of six (6) months after the submission of quotes or the placing of orders. This record is open for public inspection.

4. Award of Contracts. The department head is authorized to award a contract for Twenty-Five Thousand and no/100ths ($25,000.00) Dollars or less.

5. Award of Contracts. The City Manager is authorized to award a contract pursuant to this section.

B. Exceptions. The City Manager (within the monetary limitations of this chapter) may dispense with the informal bidding and quotation procedure, in whole or in part, or reject any bids/quotations received as part of any process, whether the procedure has been initiated or not, for the reasons set forth at EGMC Section 3.42.180(B).

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 52-2008 § 3, eff. 12-12-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 18-2023 § 3 (Exh. A § 4(b)), eff. 10-13-2023; Ord. 14-2024 § 3 (Exh. A), eff. 10-25-2024)

A. Formal Bidding Procedures. The City shall purchase commodities and equipment of a value equal to or greater than Fifty Thousand and 01/100ths ($50,000.01) Dollars following the formal bidding procedure prescribed below:

1. Notice Inviting Bids. The notice inviting bids shall include a general description of the commodities or equipment to be purchased, and shall state where bid forms and specifications may be secured and the time and place for opening bids.

2. Published Notice. The notice inviting bids shall be published at least ten (10) days before the date of the opening of the bids. Notice shall be published at least once (1) in a newspaper of general circulation.

3. Bidders’ List. The City shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidders’ list.

4. Bidders’ Security. When deemed necessary, the City shall require bidders’ security. Bidders’ security shall be in accordance with the provisions of the California Public Contract Code.

5. Bid Opening Procedure. Bidders shall submit sealed bids to the City Clerk and shall provide the project number or other reference and identify them as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening.

6. Rejection of Bids. At their discretion, the City Manager or City Council (as applicable given the monetary limitations of this chapter) may reject any and all bids presented, and may re-advertise for bids.

7. Award of Contracts. The City Manager is authorized to award a contract for the purchase of commodities or equipment with a value equal to, or less than, One Hundred Thousand and no/100ths ($100,000.00) Dollars. The City Council shall be the awarding authority for a contract for the purchase of commodities or equipment with a value greater than One Hundred Thousand and no/100ths ($100,000.00) Dollars. A contract shall be awarded to the responsible bidder with the lowest responsive bid, except as otherwise provided herein. A contract may be awarded to the next lowest responsible bidder if the successful bidder refuses or fails to execute the contract.

8. Tie Bids. If two (2) or more bids received are for the same total amount or unit price and quality, service, and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Manager or City Council may accept the one it chooses, or accept the lowest good faith offer by negotiation with the tie bidders.

9. Performance Bonds. The City has the authority to require a performance bond before entering into a contract, in such amount as is reasonably necessary to protect the best interest of the City. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids.

B. Exceptions. The City Manager or City Council (as applicable given the monetary limitations of this chapter) may dispense with the formal bidding procedure, in whole or in part, or reject any bid received as part of any procedure, whether the process has been initiated or not, under the following circumstances:

1. In an emergency;

2. When the purchase can be obtained from only one (1) source which has been reviewed and approved in writing by the City Manager;

3. When, in the judgment of the City Manager or City Council (as applicable given the monetary limitations of this chapter), compliance with the procedure is not in the best interest of the City; or

4. When processed through a cooperative purchasing agreement with another public agency whose procurement process is substantially consistent with the provisions of this chapter.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 18-2023 § 3 (Exh. A § 4(c)), eff. 10-13-2023; Ord. 14-2024 § 3 (Exh. A), eff. 10-25-2024)