Article I

Except as provided in Section 3.20.020, all purchases and leases of supplies, materials and equipment and nonprofessional services within the Purchasing Authority's authorization limit, as set forth in Section 3.16.060, and approved by City Council resolution, shall be made by the Administrative Services Manager in the open market pursuant to the procedure hereinafter described in this chapter:

• A. Minimum Number of Bids. Open market purchases in an amount greater than the amount described in Section 3.16.060(C), as modified by Section 3.16.060(D), and up to the Purchasing Authority's authorization limit shall, wherever possible, be based on at least three bids. The vendor offering the best value, after accounting for local preference, if any, shall be selected. For the purchase of supplies, materials and equipment, and nonprofessional services, if the lowest quote is not selected, the Purchasing Authority or designee shall document in writing the basis for such election.

• B. Notice Inviting Informal Bids. The Purchasing Authority shall solicit bids from all vendors on the list of qualified contractors for the category of work being bid by written or facsimile, or e-mail requests, requests to prospective vendors, by telephone, or by public notice posted on a public bulletin board at City Hall and on the City's website.

• C. Written Bids. Sealed written bids shall be submitted to the Purchasing Authority or designee, who shall keep a record of all open market orders and bids for a period of 30 calendar days after the submission of bids or the placing of the order, whichever is later. This record, while so kept, shall be open to public inspection.

• (Ord. 21-1722 § 2)

Except as provided in Section 3.20.010, all purchases of supplies, materials and equipment, and non-professional services, and all sales of personal property which have been found by the City Council not to be required for public use of an estimated value higher than the Purchasing Authority's authorization limit, exclusive of sales and use taxes due thereon, shall be based on competitive sealed bids pursuant to the procedure described in this chapter:

• A. Notice Inviting Bids. Notice inviting bids shall be given, including a general description of the supplies, materials or equipment to be purchased or sold, the place where bid forms and specifications may be secured, and the time and place for opening bids:

  1. Published Notice. The method and extent of public notice shall be prescribed by the City Clerk. If newspaper advertisements are employed as public notice, such notice shall be published at least 10 days before the date of the opening of the bids. Such notice shall be published at least once in a newspaper of general circulation circulated in the City. If the method of public notice is not prescribed by the City Clerk, a copy of the notice shall be posted at the City's official posting locations.

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City of Norwalk, CA

NORWALK CODE

§ 3.20.020

§ 3.20.020

2. Bidder's List. The Purchasing Authority shall solicit sealed bids from all prospective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto.

3. Bulletin Board. The City Clerk shall advertise pending purchases by a notice posted on a public bulletin board in the City Hall.

4. The City may also give any other notice as it deems appropriate.

• B. Bidder's Security. When deemed necessary by the Purchasing Authority, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to a return of such bidder's security; provided, however, that a successful bidder shall forfeit its security upon its refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council, on refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsive and responsive and responsible bidder or reject all bids. If the City Council awards the contract to the next lowest responsive and responsible bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. Bidders who regularly do business with the City shall be permitted to file with the City Clerk an annual bid bond in an amount established by the Purchasing Authority. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction; provided that, where required by law, a copy of such bond shall accompany the bid, and provided the annual bond affords sufficient security for the specific bid.

• C. Bid Opening Procedure. Sealed bids shall be submitted to the office designated by the Purchasing Authority and shall be identified as "Bid" on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

• D. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the City Council finds that the public interest will be furthered, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders.

• E. Rejection of Bids and Waiver of Bid Irregularities. In its discretion, the City Council may reject any and all bids or proposals presented, for any or no reason, may suspend, delay, or otherwise cancel the procurement, order the re-advertisement of the request for bids, or waive any irregularity in any bid.

• F. Award of Contracts and Contract Legality. Except as otherwise provided in this section, contracts shall be awarded by the City Council to the lowest responsive and responsible bidder.

• G. Performance Bonds. The City Council, City Manager or the Purchasing Authority or designee shall have the authority to require a performance bond before entering a contract, in such amount as it finds reasonably necessary to protect the best interests of the City. If

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.20.020

§ 3.20.060

the City Council requires a performance bond, the form and the amount of the bond shall be described in the notice inviting bids. Release of performance bonds shall be made only upon successful completion of the work and approval and acceptance by the City Council. (Ord. 21-1722 § 2)

In the case of a bid submitted by a local vendor, as defined in Section 3.16.040, the Purchasing Authority shall, for the purpose of bid comparison only, reduce the amount of such bid by the percentile as specified in the Purchasing Policy. (Ord. 21-1722 § 2)

In those situations when the Purchasing Authority determines that a procurement of any supplies, materials and equipment, or nonprofessional services, is obtainable only from a single or sole source, and not adaptable to competitive bidding, the Purchasing Authority or designee, shall negotiate with the purveyor of such commodity to the end that the City receives the desired commodity on fair and equitable terms.

(Ord. 21-1722 § 2)

The Purchasing Authority, with the approval of the City Council by resolution, may contract for supplies, materials and equipment, or nonprofessional services, without observing the procedures required by Section 3.20.010 or 3.20.020, when he or she determines that the best interests of the City would be served thereby, and such acquisition is consistent with the policy of this chapter. Whenever the City Council approves the purchase of supplies, materials and equipment, or nonprofessional services, as provided in this section, the City Council may require that the Purchasing Authority solicit informal bids under such conditions and limitations as the City Council may impose. Such bids shall be maintained as a matter of public record for a period of 30 calendar days after they are submitted or after the purchase is made, whichever is later. (Ord. 21-1722 § 2)

The Purchasing Authority may determine and declare a bidder to be nonresponsive and/or nonresponsible for the reasons cited in Section 3.16.040; may remove its name from the bidders list; and may debar the bidder from bidding for a reasonable period, not less than one year. Such debarred bidder shall be notified in writing of such action and shall be furnished with a statement of the reasons therefor.

(Ord. 21-1722 § 2)

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.20.060