Modoc County Municipal Code Ch. 3.24 Purchasing Procedure

Footnotes:

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* Prior ordinance history: Ords. 278, 278-A, 278-B and 278-C.

The purpose of this chapter is to establish policies and procedures governing the purchasing of supplies, materials, equipment, and contractual services by the county in accordance with state and federal law. The provisions of the chapter are not intended to conflict with applicable provisions of state and federal law and shall be interpreted as supplementary thereto. The county adopts to Uniform Administrative Requirements (2 CFR Part 200 et. seg.) in its entirety.

(Ord. No. 320-A, § I, 1-13-2026; Ord. 320 §1(part), 1997)

As used in this chapter, the following words and phrases shall have the following meanings:

A. "Agency" and "using agency" means any of the departments, offices, or other organizational units of county government, whose affairs and funds are under the supervision and control of the board of supervisors.

B. "Agency head" means the head of an established department of county government and who has either been appointed by the board of supervisors to his or her position or elected by the voters of the county. Agency head also includes the chief probation officer, consolidated courts presiding judge and the county director of the University of California Cooperative Extension Office.

C. "Supplies, materials and equipment" means any and all articles or things which shall be furnished to or used by any agency, including any and all printing, binding or publication of stationery, forms, laws, journals and reports, but excluding services or materials furnished "in kind" in lieu of cash to indigents.

D. "Contractual services" means any and all telephone, gas, water, electric light and power services; towel, window washing and cleaning service; the rental of equipment and machinery; and all other types of agreements under which the contractor provides services which are required by the county government but not furnished by its own employees. Provided, however, that "contractual services" shall not include legal advertising, road construction and repair and public projects as defined in subsection L of this section. Purchases of space for legal advertising shall not be subject to the provisions of this chapter.

E. "Special services" means the service of attorneys, physicians, architects, engineers, consultants, or other individuals, firms or organizations which provide specialized services as defined in Government Code Section 31000, or which provide other specialized products for which it is not possible to develop specifications so as to allow for normal competitive bidding.

F. "Bidders list" means a current file of sources of supply of articles for each category of commodities repetitively purchases for county use.

G. "Responsible bid" means an offer, submitted by a responsible bidder in ink or typewritten form, to furnish supplies, materials, equipment or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids.

H. "Responsible bidder" means a bidder who submits a responsible bid; who has furnished, when requested, information and data to prove that his financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, materials or equipment to satisfy any provisions of this chapter.

I. "Irresponsible bidder" means a bidder or prospective bidder who fails to furnish, upon written request, proof of his responsibility; who has, as a vendor or contractor with the county, repeatedly made slow or unsatisfactory deliveries; or who has violated, or attempted to violate, the contract terms, conditions of a bid, contract, or the provisions of this chapter.

J. "Local vendor" means a firm or individual who regularly maintains a place of business and transacts business in, and maintains an inventory or merchandise for sale in, or is licensed by, or pays business taxes to, the county of Modoc.

K. "Emergency" means when a breakdown in machinery or in an essential service occurs; or when unforeseen circumstances arise, including delays by contractors, delays in transportation and unanticipated volume of work.

L. "Public project," as defined by Section 22002 of the Public Contract Code, shall mean the construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any county owned, leased or operated facility; and the painting or repainting of any county owned, leased or operated facility; provided, however, that "public project" shall not include maintenance work as defined in Section 22002 of the Public Contract Code.

(Ord. 320 §1(part), 1997)

A. There is created the position of purchasing agent of the county of Modoc. The county administrative services director shall serve in that capacity.

B. Each agency head is appointed as an assistant purchasing agent. The purchasing agent may employ additional assistants and assign to them various duties prescribed in this chapter. The positions of such assistants shall be authorized by the board of supervisors and they shall be employed under provisions of the county classification system.

(Ord. 320 §1(part), 1997)

The county purchasing agent shall, subject to the provisions of this chapter and applicable provisions of state law:

A. Purchase supplies, materials, equipment, contractual, and special services required by county agencies in amounts or estimated amounts of ten thousand dollars or less, unless otherwise provided in this chapter;

B. Negotiate contracts for special services and, on behalf of the county, execute such contracts in amounts of ten thousand dollars or less;

C. Coordinate purchases in excess of four thousand dollars pursuant to the procedures specified in this chapter;

D. Coordinate the transfer of surplus property between agencies;

E. Use standard specifications wherever they are applicable to purchase orders and contracts;

F. Exchange, trade-in or sell those supplies, materials and equipment which are surplus, obsolete or unused and which are found by the board of supervisors or the purchasing agent, as applicable, not to be required for public use; provided, however, that such actions are in accordance with all applicable provisions of state and local laws;

G. Develop, with the approval of the county counsel as to legal sufficiency, standard forms and conditions of invitations to bid and purchase orders and contracts for use by county agencies as well as the development of other forms required in carrying out the provisions of this chapter and amend or eliminate any such forms;

H. Execute purchase orders;

I. Monitor county purchasing activities for compliance with procedural regulations and assist agencies in proceeding in the proper manner when the correct procedures have not been observed;

J. Upon request of the board of supervisors, and subject to its approval of each transaction, perform all delegable functions in connection with acquisition and disposal of real property, except real property used for highway purposes;

K. Shall assign to assistant purchasing agents responsibility to assist in the performance of various duties prescribed in this chapter;

L. Enter into a purchasing agreement with the state Department of General Services for purchases of commodities on behalf of the county of Modoc if price is less than what can be obtained in the open market;

M. Enter into cooperative purchasing agreements, for amounts not exceeding ten thousand dollars, with other agencies for volume purchasing benefits;

N. Determine, in the procurement of supplies, materials, equipment and contractual services not exceeding ten thousand dollars, whether or not a bidder is an irresponsible bidder except for those bids for road construction and/or repair or for the purchase of road department heavy equipment of which authority will reside with the county road commissioner/public works director. Provided however, that a bidder may appeal the determination of the purchasing agent to the board of supervisors.

(Ord. 320 §1(part), 1997)

A. Assistant purchasing agents are delegated the authority of the purchasing agent in exercising those powers and fulfilling those duties as specified in Section 3.24.040(A)-(F), (H) and (J). The board of supervisors may rescind such delegation by written notice to any assistant purchasing agent.

B. When exercising the duties delegated herein, assistant purchasing agents shall comply with all regulations and procedures specified in this chapter. Any failure to do so shall constitute an unlawful purchase.

C. Any purchases or contracts for supplies, materials, equipment or contractual services made contrary to the provisions of this chapter and or not appropriated in the county's budget, shall be void and of no effect. The person approving such purchase order or contract may be held personally responsible for its payment. If the amount of such purchase order or contract has already been paid for out of county funds, the amount thereof may be recovered in the name of the county in an appropriate action therefor unless otherwise directed by the board of supervisors.

D. Except as otherwise provided by law, no purchase of supplies, equipment or contractual services shall be made in excess of the amount of the appropriations allowed by the county budget.

E. It is unlawful for any agency to split its requirements for supplies, materials, equipment, personal and contractual services in order to evade the provisions of Section 3.24.070 of this chapter.

(Ord. 320 §1(part), 1997)

A. Extension of Annual Agreements. The county purchasing agent, or assistant purchasing agent, as applicable, may, if he determines such action to be a cost advantage and in the best interest of the county, extend existing lease agreements or contracts for service for an additional period or periods of time without competitive bid if the cost of the lease or service per physical or time unit is not increased.

B. Not in the Public Interest. Notwithstanding the provisions of Section 3.24.070, competitive bidding is not required when the board of supervisors determines that competitive bidding would not be in the public's interest because of: (1) a state of emergency, (2) the unique nature of the goods or services precludes competitive bidding, (3) a determination that competitive bidding would produce no economic benefit to the county.

C. Purchase of Undercover Vehicles. Sections 3.24.070(A)(4) and 3.24.090 of this chapter shall not apply to the purchase or lease of sheriff's undercover vehicles costing over ten thousand dollars. In the purchase of such vehicles, the sheriff shall obtain authorization from the board of supervisors to issue a purchase order for the procurement of such vehicles after obtaining at least three written quotes, at least one of which must be obtained from a local vendor.

D. Purchase of Supplies, Materials, Equipment and Vehicles for Road Department. For the purchase of supplies and materials for road construction and/or repair, if the estimated amount is twenty-five thousand dollars or less, Sections 3.24.070(A)(4) and 3.24.090 of this chapter shall not apply. For the purchase of such commodities, the purchasing agent or assistant purchasing agent may issue a purchase order. Furthermore, in the purchase of road department vehicles and equipment, upon application by the county road commissioner/public works director or upon its own motion, the board may, if it deems justified and advisable, authorize purchase of such vehicles or equipment, without competitive bidding.

E. Purchase of Patented or Proprietary Articles.

1. When the county requires supplies, materials or equipment which are produced by only one manufacturer, such manufacturer's make or brand shall be specified in the invitations to bid and competitive bids shall be obtained from authorized dealers or distributors of such manufacturer.

2. If one manufacturer, dealer or distributor is the sole source of supply, the county purchasing agent or assistant purchasing agent, as applicable, is authorized to negotiate a purchase order or contract with the manufacturer, dealer or distributor at prices and on terms most advantageous to the county.

3. When the county requires supplies, materials or equipment which are patented or proprietary and which are obtainable in two or more equally satisfactory and competitive makes, brands, or types, they shall be listed in the invitation to bid. Such lists shall also include the phrase "or equal" to permit bidders to bid on alternate or additional makes, brands, or types.

4. It shall be incumbent on each such bidder to provide to the satisfaction of the county that the alternate or additional make, brand or type which he offers is equal in quality or performance to those listed in the invitation for bids.

F. Work Upon County Highways Under the Supervision of County Road Commissioner. As per Government Code Section 20395, the board of supervisors may authorize the county road commissioner to have work upon county highways done under his or her supervision and direction. The work may be done in any of the following ways:

1. By letting a contract covering both work and material. In that event the contract shall be let to the lowest responsible bidder as provided by this chapter;

2. By purchasing the material and letting a contract for the performance of the work. In that event the material shall be bought at the lowest possible cost and the contract let to the lowest responsible bidder as provided in this chapter;

3. By purchasing the material and having the work done by day labor, in which case advertising for bids is not required;

4. a.

By authorizing the county road commissioner to execute changes for any such contract in an amount not to exceed five thousand dollars for contracts of fifty thousand dollars but not to exceed two hundred fifty thousand dollars. In no event shall any such change exceed a net total addition of twenty-five thousand dollars.

b. For contracts whose original cost exceeds two hundred fifty thousand dollars, the extra cost for any change or addition to the work so ordered shall not exceed twenty-five thousand dollars, plus one percent of the amount of the original contract costs in excess of two hundred fifty thousand dollars. In no event shall any such change or alteration exceed one hundred thousand dollars;

5. By purchasing the material and letting a contract for the work or by letting a contract covering both work and material without advertising for bids when the estimated cost of emergency work necessitated by the imminence or occurrence of a landslide, flood, storm damage, or other emergency exceeds twenty-five thousand dollars and the public interest and necessity demand immediate action to safeguard life, health or property.

(Ord. 320 §1(part), 1997)

A. For purchases of, and contracts for, supplies, materials, equipment, and contractual services, the solicitation method and awarding authority is specified as follows:

1. For expenditures not exceeding five hundred dollars, competitive quotes are not required. As assistant purchasing agent may purchase such items by either verbal or written order.

2. For expenditures between five hundred one dollars and four thousand dollars, either verbal or informal written quotes are required to be solicited by an assistant purchasing agent pursuant to Section 3.24.080(A) and (B). After evaluating the quotes pursuant to Section 3.24.080(C), the assistant purchasing agent shall procure the item by issuing a written purchase order or contract. If a contract is appropriate, it need not be approved by county counsel as to legal form and sufficiency.

3. For expenditures between four thousand one dollars and ten thousand dollars, informal written quotes or formal bidding procedures are required by an assistant purchasing agent pursuant to Section 3.24.080(B) or Section 3.24.090(A) at the option of the assistant purchasing agent. After evaluating the quotes pursuant to Section 3.24.080(C), the assistant purchasing agent shall procure the item by issuing a written purchase order or contract. If a contract is appropriate, it shall be approved by county counsel as to legal form and sufficiency.

4. For expenditures in excess of ten thousand one dollars, written, sealed bids are required whenever possible. Such bids may be solicited by the purchasing agent or an assistant purchasing agent pursuant to Section 3.24.090(A). After evaluating the bids pursuant to Section 3.24.090(C), the bid or contract shall be awarded by the board of supervisors pursuant to Section 3.24.090(C). If a contract is appropriate, it shall be approved by county counsel as to legal form and sufficiency.

B. Special services contracts shall not be subject to the competitive bidding procedures in this section but shall be governed by the "Policy for Review and Selection of Professional Consultants and other Contract Service Providers" as adopted by the board of supervisors.

(Ord. 320 §1(part), 1997)

A. For the purchase of supplies, materials, equipment, and contractual services which requires obtaining verbal quotes, as specified in Section 3.24.070(A)(2), the following procedure shall be observed:

1. The assistant purchase agent shall contact at least three vendors who would be expected to be able to provide the required goods or services.

2. In keeping with the county's interest in promoting local businesses, the assistant purchasing agent shall contact at least one local vendor, if there is one who can provide the required goods or services.

B. For the purchase of supplies, materials, equipment and contractual services which requires obtaining informal written quotes, as specified in Section 3.24.070(A)(3), the following procedure shall be observed:

1. The assistant purchasing agent shall write a description of the supplies, materials, equipment or services needed.

2. The assistant purchasing agent shall send letters or request for quotes (RFQ) to at least three vendors who would be expected to submit a quote.

3. In keeping with the county's interest in promoting local businesses, an RFQ shall be sent to at least one local vendor, if there is one who can provide the required goods or services.

C. Purchase orders or contracts shall be awarded by the purchasing agent, or assistant purchasing agent, to the lowest responsible bidder, as determined below.

1. In determining the bidder to whom the bid will be awarded, the purchasing agent, or assistant purchasing agent, shall consider the bidder's price, the quality of product offered and its conformity with the county's needs, the delivery and discount terms and conditions of the bid, the service reputation of the bidder and other information and data required to prove responsibility. When the county is required to pay shipping charges for an item or items, such charges shall be considered a part of the bid price in determining the lowest responsible bid.

2. In addition to the foregoing criteria, if the bid submitted by a responsible local vendor is not greater than one hundred five percent of the apparent low bid and all other criteria being equal, preference shall be given to the responsible local vendor. However, in no case shall the amount of the preference exceed one thousand dollars.

3. If more than one bid is for the same total amount or unit price (after considering the five-percent preference hereinabove), and if the public interest will not permit the delay of readvertising for bids, the purchasing agent, or assistant purchasing agent, may award the contract to one of the bidders by drawing lots in public.

(Ord. 320 §1(part), 1997)

A. For the purchasing of supplies, materials, equipment and contractual services which requires soliciting formal written bids, as specified in Section 3.24.070(A)(4), the following procedure shall be observed:

1. The assistant purchasing agent shall obtain a bid number from the purchasing agent, write a description of the supplies, materials, equipment or services needed, and prepare an invitation for bids (IFB) using standard language obtained from the purchasing agent.

2. The assistant purchasing agent or purchasing agent shall send an IFB to at least five potential bidders who would be expected to submit a bid. In keeping with the county's interest in promoting local businesses, an IFB shall be sent to at least one local vendor, if there is one who can provide the required goods or services.

3. If the assistant purchasing agent sends the IFB to bidders, he shall also send a copy to the purchasing agent, along with a list of those bidders receiving a copy of the IFB.

4. The assistant purchasing agent or purchasing agent shall publish a bid notice in a newspaper of general circulation at least ten calendar days prior to the bid opening and shall post a bid notice on a public bulletin board in the proximity of the purchasing office.

5. Each bidder may be required to accompany his bid with a statement made under oath that he has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of such statement shall render void the bid of such bidders. Any disclosure to, or acquisition by, a competitive bidder, in advance of the opening of the bids, of the terms and conditions of the bid submitted by another competitor shall render the proceedings void and may require readvertising for bids.

6. Bids shall be submitted sealed to the county purchasing agent on the official bid form, and in an envelope, marked plainly with bid number.

7. A public bid opening shall be conducted by a representative from the agency and the purchasing agent.

8. Late bids shall be returned to the sender unopened.

9. A tabulation of all bids received, whether accepted or rejected, shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

10. The assistant purchasing agent or purchasing agent shall submit a copy of the tabulation of all bids received to the board of supervisors, together with his recommendation for award.

B. The board of supervisors may reject any and all bids for any or all commodities or contractual services included in the bid and may authorize the purchasing agent to readvertise for bids when the public interest will be served thereby.

C. Purchase orders or contracts shall be awarded by the board of supervisors, to the lowest responsible bidder, as determined below.

1. In determining the lowest responsible bidder, the board of supervisors shall consider the quality offered and its conformity with the specifications, the delivery and discount terms and conditions of the bid, the service reputation of the bidder, and other information and data required to prove his responsibility. When the county is required to pay shipping charges for an item or items, such charges shall be considered a part of the bid price in determining the lowest responsible bid.

2. In addition to the foregoing criteria, if the bid submitted by a responsible local vendor is not greater than one hundred five percent of the apparent low bid and all other criteria being equal, preference shall be given to the responsible local vendor. However, in no case shall the amount of the preference exceed one thousand dollars.

3. If more than one bid is for the same total amount or unit price (after considering the five-percent preference hereinabove), and if the public interest will not permit the delay of readvertising for bids, the board of supervisors may award the contract to one of the bidders by drawing lots in public.

D. If the successful bidder does not enter into a contract within fifteen days after mailing of Notice of Award of contract, he shall forfeit in cash, an amount equivalent to the amount of any surety which accompanied his bid, unless the county is responsible for the delay.

E. A copy of each signed contract shall be filed with the county auditor.

(Ord. 320 §1(part), 1997)

A. If the need for an emergency purchase occurs during regular business hours or at any other time, the using agency may purchase directly the commodity or commodities required. If the estimated cost of the emergency purchase exceeds five hundred dollars, the using agency shall, wherever possible, secure competitive telephone bids and order delivery to be made by the lowest responsible, responsive bidder. The using agency shall notify the purchasing agent or assistant purchasing agent of the purchase as soon as practicable.

B. On every emergency purchase made in excess of ten thousand dollars, the agency head shall, not later than one week thereafter, submit to the chairman of the board of supervisors a tabulation of bids received, if any, a delivery receipt and a written explanation of the circumstances of the emergency. The records of such emergency transaction shall be open to public inspection during regular business hours in the office of the board of supervisors.

(Ord. 320 §1(part), 1997)

A. Except in the case of emergency purchases made pursuant to Section 3.24.100, no notice of award of contract shall be issued, no contract shall be signed and no purchase order shall be issued, until the purchasing agent or assistant purchasing agent has determined that the unexpended balance in the appropriation or appropriations concerned, is sufficient to defray the amount of such contract or purchase order.

(Ord. 320 §1(part), 1997)

A. In the procurement of supplies, materials, equipment and contractual services not exceeding ten thousand dollars, the county purchasing agent may declare a bidder to be irresponsible for the reasons cited in Section 3.24.020(I), may then remove his name from the bidders list, and may debar him from bidding for a reasonable period, or not less than one year. Such debarred bidder shall be furnished with a statement of the reasons therefore. Provided however, that a bidder may appeal the determination of the purchasing agent to the board of supervisors.

B. In the procurement of supplies, materials, equipment and contractual services exceeding ten thousand dollars, the county purchasing agent or assistant purchasing agent may request the board of supervisors to declare a bidder to be irresponsible for the reasons cited in Section 3.24.020(I), may then remove his name from the bidders list, and may debar him from bidding for a reasonable period, for not less than one year. Such debarred bidder shall be furnished with a statement of the reasons therefor.

(Ord. 320 §1(part), 1997)

A. The county purchasing agent or the board of supervisors, as applicable, shall have authority to sell all surplus personal property, such as supplies, materials and equipment, which cannot be used by any agency and which has been found by the board of supervisors or purchasing agent, as applicable, not to be required for public use, or to exchange or trade-in such articles in part or full payment for new supplies, materials or equipment of a similar nature.

B. If the value of the supplies, materials or equipment is estimated to be one thousand dollars or less, the purchasing agent shall have authority to declare the item surplus. If the value of the supplies, materials or equipment has a value estimated at more than one thousand dollars, a resolution to the board of supervisors shall be required to declare the item surplus.

C. If the value of the supplies, materials or equipment which has been found by the board of supervisors not to be required for public use is more than one thousand dollars, the county purchasing agent or assistant purchasing agent shall obtain competitive bids for the sale of such supplies, materials or equipment. Upon the discretion of the purchasing agent or assistant purchasing agent, bids shall be obtained by telephone quotes, written quotation or public auction. A minimum selling price for surplus property valued at more than one thousand dollars shall be determined by resolution of the board of supervisors at the time the item is declared surplus.

D. If the sale of supplies, materials, equipment or personal property which has been found by the purchasing agent not to be required for public use is valued at one thousand dollars or less, the county purchasing agent in his sole discretion, may waive the competitive bidding requirements of this chapter and the county purchasing agent or assistant purchasing agent may make such sale without calling for bids.

E. All sales shall be made to the highest responsible bidder if sold by competitive bid, or the highest price reasonably obtainable if sold pursuant to Section 3.24.130(D), except that in the event any item of county personal property, which is found by the board of supervisors or the purchasing agent, as applicable, to be no longer required for public use, and is declared surplus to the needs of the county but has no practical resale value, the purchasing agent, at his sole discretion, may dispose of such item in any suitable manner, including transfer of such property to a non-profit, service organization.

F. Notwithstanding any other provisions of this chapter, the board of supervisors may, by a four-fifths vote, transfer any surplus personal property to other public entities pursuant to the provisions of Government Code Section 25365.

G. Only those county employees who are not in a position to influence the decision declaring a particular item as surplus may be eligible to purchase the property in the same manner as the general public.

(Ord. 320 §1(part), 1997)