Sacramento Municipal Code Art. III Solicitation

A. If the cost of goods or a public project is $250,000 or more, competitive bidding is required. Competitive bidding must comply with applicable policies approved pursuant to section 3.56.040.

B. Competitive bidding is not required for nonprofessional or professional services in any amount. The solicitation of services is subject to the procurement policies approved pursuant to section 3.56.040.

C. If competitive bidding is required by this chapter, any other law, or funding requirements, a solicitation must be advertised in one or more of the following: daily or weekly newspapers; the official city newspaper; the city's website; trade association publications; trade journals; minority- or trade-oriented publications; or other media directed to minority or women's business enterprises. The city manager may require more than one advertisement of any solicitation. (Ord. 2024-0010 § 4)

A. No person submitting any bid or proposal to the city in connection with the procurement of goods, services, or a public project shall:

1. Submit prices that have not been arrived at independently without consultation, communication, or agreement with any other bidder or proposer for the purpose of restricting competition;

2. Unless otherwise required by law, prior to opening of the bids or proposals, knowingly disclose any price to any other bidder or proposer;

3. Make any attempt to induce any other person, firm, or other entity or association to submit or not to submit a bid or proposal for the purpose of restricting competition; or

4. Knowingly be interested in more than one bid or proposal; provided, however, subcontractors to the principal bidders or proposers are excluded from this subsection. In the case of joint venture bids, the joint venture and each of its members is deemed to be the person submitting the bid or proposal for purposes of this subsection.

B. Any bid or proposal received or contract awarded where there was a violation of this section is void and the city may proceed in the same manner as if the person involved failed to execute the contract after award. (Ord. 2024-0010 § 4)

All bids and proposals must be made on forms the city prepares and includes in the solicitation. The preparation of any forms is subject to policies formulated by the city manager, including controls over erasures, corrections, and interlineations. (Ord. 2024-0010 § 4)

For any purchase or contract the city deems advisable, each bidder or proposer shall submit with the bid or proposal, as security, cash, a cashier's check, surety bond, or certified check in favor of and payable to the city, in an amount determined to be sufficient, but not to exceed 10% of the aggregate amount of the bid or proposal. If the person to whom the contract is awarded fails to enter into the contract and file the required bonds within 20 calendar days of contract award, the security is forfeited and the city manager shall draw the money due on the security and pay it, or any cash deposited, into the city treasury. The security shall not be returned to the defaulting bidder or proposer in such case unless the city council approves the return thereof in whole or in part. Upon good cause being shown, the city manager may extend the time to enter into the contract for a period not to exceed 30 calendar days. (Ord. 2024-0010 § 4)

All bids and proposals must be submitted to the city at the place and time specified in the solicitation. To the extent it is required by law or funding requirements, bids and proposals shall be opened by the city clerk or the clerk's designee, in public, at the time and place designated in the solicitation. Bids and proposals received after the specified time will not be accepted and will be returned unopened. The city may reject any and all bids or proposals and waive any informalities or minor irregularities in the bids or proposals. (Ord. 2024-0010 § 4)

If the city rejects any and all bids or proposals or the person to whom the contract is awarded fails to enter into the contract as required and the council does not award the contract to the next lowest-responsible bidder or other proposer, the city may re-advertise for bids or proposals, or dispense with competitive bidding, as provided in this chapter or in the policies adopted pursuant to section 3.56.040.B. (Ord. 2024-0010 § 4)

All securities and bonds shall be returned to the unsuccessful bidders or proposers after award of the contract. The security of the successful contractor shall be returned after execution of the contract and deposit of the necessary performance and payment bonds. (Ord. 2024-0010 § 4)

The city may require a faithful performance bond be given on any contract in an amount determined by the city to be sufficient, up to and including 100% of the contract amount. The bond must be in a form approved by the city attorney. (Ord. 2024-0010 § 4)

The contract must specify the time within which the contractor shall furnish goods, nonprofessional services, professional services, or public project to the city and may provide for liquidated damages for the contractor's failure to comply. The city manager may extend the time for acts of the city, acts of God, weather, strikes, or other circumstances over which the contractor has no control. (Ord. 2024-0010 § 4)

If the contractor fails to complete the work within the time specified in the contract or any extension approved under section 3.56.210, the city may terminate the contract and the contractor shall not be paid or allowed any further compensation for any work done under the contract. The city council may proceed to complete the contract either by reletting or otherwise, and the contractor and surety, if any, shall be liable to the city for all loss or damage that the city may suffer on account of the failure to complete the contract on time. (Ord. 2024-0010 § 4)