Chapter 4.12

PROCUREMENTS OF GOODS AND SERVICES*

Parts:

• 1 Definitions

The City will not contract with or allow performance of contracts or subcontracts by any Contractor who has been debarred by a federal or state agency providing funds for the contract. (Ord. 30733.)

• 2 Scope and Authority 3 Procurement Procedures

• 4 Award of Contracts

• 5 Protest Procedures

• 6 General Provisions

Part 1

• A. A Person seeking a Contract or entering a Contract is prohibited from knowingly using a debarred Contractor.

• B. Violation of this Section may, as determined in the sole discretion of the City Manager, result in rejection of the bid or proposal, nonpayment by the City for work performed by the debarred Contractor, annulment of Contract award or termination of Contract, issuance of a stop work order, initiation of Debarment proceedings, or any other remedy provided by law.

• (Ord. 30733.)

DEFINITIONS

Sections:

• 4.12.001 Definitions.

• 4.12.005 Bidder.

• 4.12.010 City.

• 4.12.015 City manager.

• 4.12.018 Competitive procurement threshold.

• 4.12.020 Director.

• 4.12.025 Formal bidding.

• 4.12.028 Informal procurement threshold.

• 4.12.030 Local business enterprise.

• 4.12.035 Procurement authority.

• 4.12.040 Purchase.

• 4.12.045 Response.

• A. The City Manager will forward a copy of all Debarment decisions to the City Clerk, who will maintain a public list of all Contractors debarred by the City.

• B. The City Clerk will make the list available for inspection and copying by any person during reasonable hours and upon reasonable notice.

• (Ord. 30733.)

• 4.12.047 Responsible.

• 4.12.050 Responsive.

• 4.12.055 Services.

• 4.12.056 Services incidental to lease or purchase.

*State law references— For statutory provisions requiring local agencies to adopt policies and procedures governing purchases of supplies and equipment, see Gov. Code § 54202; for Charter provisions on bid requirements for the purchase of supplies and equipment, see Charter § 1217.

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§ 4.12.045

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27980.)

"Bidder" means a person who submits a response to a competitive city solicitation. (Ord. 27980.)

"City" means the City of San José acting through the city council, the city manager, the director of finance or such other person who is authorized under this Code or duly designated to procure and execute contracts on behalf of the city. (Ord. 27980.)

"City manager" means the city manager or his or her designee.

"Informal Procurement Threshold" means Three Hundred Fifty Thousand Dollars ($350,000), as adjusted pursuant to Section 4.04.085, starting on July 1, 2025.

(Ords. 30955, 31227.)

"Local business enterprise" means a business enterprise, including but not limited to a sole proprietorship, partnership, or corporation, which has a legitimate business presence in the County of Santa Clara, California. Evidence of legitimate business presence in San José shall include:

• A. Having a current San José business tax certificate; and

• B. Having either of the following types of offices operating legally within the County of Santa Clara:

  1. The contractor's principal business office; or

  2. The contractor's regional, branch or satellite office with at least one (1) full-time employee located in the County of Santa Clara.

(Ord. 27980.)

(Ord. 27980.)

"Competitive Procurement Threshold" means Fifteen Thousand Dollars ($15,000). (Ords. 30955, 31227.)

"Director" shall mean the director of finance or his or her designee, or such other director designated by the city manager to administer this chapter.

(Ord. 27980.)

"Formal bidding" shall mean bidding conducted pursuant to the procedure set forth in Section 4.12.310B. (Ord. 27980.)

"Procurement authority" means the city manager, council appointee, director of finance or such other person who has been duly authorized to procure a contract in accordance with the provisions of this title.

(Ord. 27980.)

A "Purchase" means the acquisition of those supplies, materials, equipment, or service bought in a single transaction from a single vendor. (Ord. 27980.)

"Response" means a bid, proposal, quote, statement of qualification or other communication offered in response to a city solicitation. (Ord. 27980.)

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§ 4.12.047

"Responsible" means a bidder's quality, fitness and capacity to perform the particular requirements of the proposed work, including the standards of responsibility set forth in Sections 4.10.200 through 4.10.220 of this title. (Ord. 27980.)

"Responsive" means a bidder's compliance with the solicitation instructions. (Ord. 27980.)

• A. "Services" means:

  1. Any work performed or services rendered by an independent contractor, with or without the furnishing of materials, to do the following:

     • a. Maintenance or nonstructural repair of City buildings, structures or improvements, which does not require engineering plans, specifications or design, including but not limited to unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, elevator maintenance, custodial services and pest control;

     • b. Repair, modification, and maintenance of City equipment and software;

     • c. Cleaning, analysis, testing, moving, removal or disposal (otherwise than by sale) of City materials, supplies and equipment;

     • d. Replanting, care, or maintenance of public grounds, including but not limited to trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or designs;

     • e. Provide temporary personnel services;

     • f. Provide other miscellaneous services to facilitate department operations;

     • g. Perform repair, demolition or other work required to abate nuisances pursuant to this Code;

     • h. Install and implement information technology projects; or

     • i. Perform technical or professional services.

  2. Leasing or rental of personal property for use by the City.

• B. "Services" shall not include:

  1. Any Public Works Project as defined in Section 1217(a)(1) of the San José City Charter, or any purchases of materials, supplies or equipment;

  2. Services performed under a grant agreement between the City and a grantee of a City program;

  3. Services for the design, fabrication or installation of a work of art; or

  4. Services performed under a concession agreement between the City and a licensee or permittee on City property.

• C. Consistent with the definition of Public Works Project in Section 1217(a)(1) of the San José City Charter, Services involving maintenance can include repairs, construction, erection, improvement or demolition incidental to such maintenance. To be "incidental" to such maintenance, the procurement must demonstrate that the repairs, construction, erection, improvement or demolition are:

  1. Absolutely necessary to the proper completion of the maintenance; and

  2. A minor component of the maintenance considering factors such as the cost and complexity of the maintenance, and the cost and complexity of the repairs, construction, erection, improvement or demolition.

(Ords. 27980, 28897, 30308, 31227.)

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§ 4.12.120

"Services incidental to lease or purchase" means any services which are ordinarily or customarily provided with the supplies, materials or equipment which are the subject of the lease or purchase, or which are otherwise determined by the procurement authority necessary to the efficient conclusion of the lease or purchase. Examples of such incidental services include but are not limited to assembly, installation, integration, implementation, configuration, training, maintenance, support, and delivery and other transportation charges. (Ord. 28802.)

As used in this title, "small business enterprise" means a local business enterprise that has thirty-five (35) or fewer total employees. With respect to bids or proposals submitted by partnerships or joint ventures, the number of employees for purposes of qualifying as a small business enterprise shall be determined by the total number of employees of each of the members of the partnership or joint venture combined. (Ord. 27980.)

"Solicitation" means a request for bids, proposals, quotes, qualifications or other document in furtherance of a city procurement of goods or services.

(Ord. 27980.)

Part 2

SCOPE AND AUTHORITY

Sections:

• A. The provisions of this chapter shall be applicable to the following types of contracts:

  1. Contracts for the purchases of supplies, materials and equipment,

  2. Contracts for services.

3. Contracts for information technology.

B. The provisions of this chapter shall not be applicable to:

1. Public works construction contracts,

2. Grant agreements,

3. Agreements for the design, fabrication or installation of works of art, or

4. Leases, licenses or other interests in real property.

(Ords. 27980, 28897.)

Unless and except as may be otherwise provided elsewhere in this Code, the director shall be responsible for the procurement and provision of supplies, materials and equipment and procurement of contracts for services for the city. In particular, but not by way of limitation, the director shall have the following specific powers and duties:

• A. Take the necessary action to ensure that the city will receive the needed quality and quantity of supplies, materials and equipment at least expense to the city;

• B. Negotiate and recommend execution of contracts for the purchase of supplies, materials and equipment and for the performance of services;

• C. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

• D. Keep informed of current developments in the field of purchasing prices, market conditions and new products;

• E. Prepare and recommend to the city manager rules governing the purchase of supplies, materials and equipment and services for the city;

• F. Prescribe and maintain forms as are reasonably needed to implement this chapter;

• G. In those situations requiring the publication of notice inviting bids, the director

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§ 4.12.120

shall cause such notices to be published without first obtaining the consent of the city council thereto;

• H. Execute contracts and purchase orders for supplies, materials or equipment and for services when authorized by the city manager;

• I. Hear and decide protests of procurement decisions as set forth in this Chapter.

• (Ord. 27980.)

Part 3

PROCUREMENT PROCEDURES

Sections:

• 4.12.210 Selection of procurement method.

• 4.12.215 Procurements where competitive methods are not practicable.

• 4.12.220 Emergency purchases.

• 4.12.225 Public agencies purchases.

• 4.12.230 Sole source purchases

• 4.12.235 Unique services purchases.

• 4.12.240 Specifications limiting procurements to a single manufacturer or brand.

• 4.12.245 Use of "or equals" in specifications, and testing of "equals."

• 4.12.250 Insurance and bonds.

• 4.12.260 Procurement notices.

• 4.12.270 Formal bids procedure; use of electronic media; reverse auctions.

The City shall, where practicable, engage in competitive procurement. The Procurement Authority shall use the following methods of procurement under the circumstances described below:

• A. Purchases with an estimated value less than or equal to the Competitive Procurement Threshold may be made without a competitive procurement method.

• B. Request for quotes process shall be used for purchases with an estimated value greater than the Competitive Procurement Threshold but less than or equal to the Informal Procurement Threshold.

• C. Request for proposal process shall be used for purchases of services with an estimated value greater than the Informal Procurement Threshold.

• D. Formal bidding process shall be used for purchases of supplies, materials, and equipment with an estimated value greater than the Informal Procurement Threshold, or for services when the Director determines that it is in the best interest of the City to do so.

(Ords. 27980, 28802, 30955.)

The city is not required to engage in competitive procurement under the following circumstances:

• A. Emergency purchases pursuant to Section 4.12.220

• B. Public agencies purchases pursuant to Section 4.12.225.

• C. Sole source purchases pursuant to Section 4.12.230.

• D. Unique services purchases pursuant to Section 4.12.235.

• (Ord. 27980.)

In case of a public emergency involving the threatening of lives, property or welfare of the people of the city or the property of the city, the procurement authority may purchase supplies, materials or equipment without a competitive procurement, and may contract for services which the procurement authority deems necessary for the purpose of meeting such emergency. Contracts having a value over limits set forth in Chapter 4.04 entered into under this section shall be presented to city council for ratification at the next possible meeting after the occurrence of the emergency.

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§ 4.12.235

For the purpose of meeting such emergency, the procurement authority may expend any unencumbered moneys in the emergency reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefor. (Ord. 27980.)

The Procurement Authority may, without observing the competitive procurement requirements prescribed by this Chapter:

• A. Purchase or acquire any supplies, materials or equipment or services from any public or governmental body or agency; or

• B. Contract with any "public agency" (as said term is defined in subsection (b) of Section 800 of the Charter) for the purchase or acquisition by such public agency for or on behalf of the City of any supplies, materials or equipment or services under the following circumstances:

  1. Agreements for the purchase of supplies, materials or equipment or services directly from another public agency; or

  2. Joint purchasing agreements entered into by the City and one or more public agencies wherein the City is included as a potential purchaser under a competitive procurement process engaged in pursuant to the joint agreement; or

  3. Direct purchases from vendors on terms obtained pursuant to competitive procurement processes undertaken by another public agency which:

     • a. Substantially comply with the City's procurement procedures; and.

     • b. Give notice to the bidders that the procurement may be lever-

aged by other public agencies, which is satisfied if either the solicitation documents or the executed contract resulting from the procurement includes language allowing other entities to use said procurement, procedure, or contract.

For the purposes of the first sentence of this subsection B.3. only, the term "public agency" shall also include any nonprofit organization made up of at least one or more public agencies in California or elsewhere, which nonprofit organization has been approved by the Director for the conduct of competitive procurements.

(Ords. 27980, 28802, 30955.)

The procurement authority may make purchases of such supplies materials or equipment which can be obtained from only one (1) vendor or manufacturer.

(Ord. 27980.)

The procurement authority may initiate a procurement for unique professional or other services where the procurement authority determines that an unusual or unique situation exists that make the application of the requirements for competitive procurement of a services agreement contrary to the public interest. Any special procurement under this section shall be made with such competition as is practicable under the circumstance. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the Procurement authority in the department files.

(Ord. 27980.)

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§ 4.12.240

• A. Except as provided in Subsection B. below, no specifications for the procurement of supplies, materials or equipment shall be written in a manner that limits the purchase to a single manufacturer or brand name product. A specification may contain a brand name if the specification is followed by the words "or equal" under circumstances where it is reasonably possible for equivalency to be demonstrated.

• B. The provisions of Subsection A. shall not apply if the director has determined in writing, with specific findings therefor, that a particular product may be specifically designated by reason of one (1) or more of the following purposes:

  1. In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the city.

  2. When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the city, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs.

  3. In order to obtain a necessary item that is available only from one (1) source and which is purchased in accordance with Section 4.12.230 of this Code.

  4. In order to make an emergency purchase pursuant to Section 4.12.220 of this Code.

  5. In order to achieve significant cost savings based upon consideration of the following cost factors:

     • a. Timeliness and quality of installation, repair and maintenance;

     • b. Quality of user training;

     • c. Supplies and replacement parts;

     • d. Modification of existing equipment, materials or systems;

     • e. Future upgrades and updates;

  • f. Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination.

  • g. Administrative costs.

• C. The director's written decision shall state the facts reviewed in arriving at the decision, the reasons for the decision, the period of time for which it is valid for making purchases and under what conditions it must be reviewed for possible revision. A copy of the director's decision shall be attached to any report to the city council seeking approval of a purchase under this section.

• D. Nothing in this section shall prohibit the inclusion in specifications of an industry standard with regard to performance that can be met by more than one product or manufacturer.

• E. Purchases of equipment, materials or supplies shall not be segregated or conducted in any manner for the purpose of avoiding the requirements of this section.

• F. The director shall establish written administrative procedures to carry out the provisions of this section.

(Ord. 27980.)

• A. Any reference to a specific brand name followed by the term "or equal" in specifications is illustrative only. A reference to a brand name or equal describes a component best meeting the specific operational, design, performance, maintenance, quality, and reliability requirements of the city.

• B. A bidder may offer an equivalent ("or equal") in response to a brand name or equal reference. When an "or equal" is offered, the city may test and evaluate the product prior to award of the contract.

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§ 4.12.270

• C. At bidder's expense, bidder bears sole responsibility for providing any information, test data or document required by the city to fully evaluate the acceptability of the "or equal." at bidder's expense, this full evaluation may require independent testing, including destructive testing, at qualified test facilities.

• D. If the city rejects a response or part of a response containing any "or equal," the director shall determine the decision in writing.

• (Ord. 27980.)

• A. The director is authorized to require vendors to provide insurance and surety bonds for contracts. Where required, the bidder shall submit insurance or surety bonds, or both, acceptable to the city.

• B. All responses to solicitations shall include such bidders' security as is required by the solicitation documents and shall be presented under sealed cover. If the successful bidder fails to execute the contract within the time specified in the notice inviting bids or in the specifications referred to therein, the bidders' security may be declared forfeited by the director to the city, and any bonds so forfeited may be prosecuted and collected and the amount of the security paid into the general fund. Unsuccessful bidders shall be entitled to return of their bidders' security. The form and amount of such security shall be described in the notice inviting responses or in the specifications referred to therein.

• C. To secure faithful performance of the contract, the director is authorized to require security in the form of cash, cashier's check, certified checks, or corporate faithful performance bonds, in such amount as the director shall deem reasonably necessary to protect the best interests of the city. If the director requires such security, the form and amount thereof shall be described in the notice inviting responses or in the specifications referred to therein. The director need not require such

security if the director does not deem such to be reasonably necessary to protect the best interest of the city, or if the director believes the interests of the city are best served by not requiring the same.

• (Ord. 27980.)

• A. Notices inviting response to city solicitations shall include a general description of items or services to be purchased and shall identify the place where the proposal form, specifications and other contract documents may be obtained, and the time and place where responses will be received and where bids will be opened, if applicable.

• B. The notice inviting responses to bids or requests for proposals shall be published in one (1) or both of the following manners:

  1. In a newspaper of general circulation in the city, at least once, not less than at least ten (10) days before the date set for opening bids; or

  2. As a posting on the city's web site on a web page designated for such postings for a period of time which the procuring authority deems reasonable.

• C. Responses to requests for quotes may be solicited by any reasonable means including but not limited to mail, telephone, fax, e-mail or posting on the city's web on a web page designated for such postings.

• (Ord. 27980.)

• A. Sealed bids shall be submitted to the office of the purchasing division at the time specified in the procurement notice. At the time and place prescribed in the said notice, the director or the director's authorized representative shall publicly open said bids and declare the aggregate bid of each bidder. The director shall examine the bids and prepare a written report and recommendation.

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§ 4.12.270

• B. The use of electronic media is authorized for the formal bidding process, including without limitation submission, opening and reporting of bids electronically, provided that such use shall be governed by an administrative procedure promulgated by the director. The administrative procedure shall include measures as the director deems appropriate for security of the bidding, approval and award processes and accurate retrieval or conversion of electronic information into a medium which permits inspection and copying.

• C. When the director finds it to be in the best interest of the city based on the circumstances of the particular procurement, the director, in the director's discretion, may procure by reverse auction purchases of goods requiring formal bidding, which goods are readily available in the marketplace, highly standardized, and can be supplied by a reasonable number of qualified competitors. "Reverse auction" means an internet-based process in which vendors compete to obtain business, the identity of vendors submitting bids but not the amount of the bids remains sealed during the time allotted for the auction, and vendors may submit successively lower bids, with the goal that bids submitted by vendors will decrease over the time allotted for the auction.

• (Ords. 27980, 28802.)

Part 4

AWARD OF CONTRACTS

Sections:

• 4.12.310 Award factors.

• 4.12.320 Application of preference in award of contracts.

• 4.12.330 Exceptions to the application of preferences.

• 4.12.340 Informalities or minor irregularities.

• 4.12.350 Rejection of responses.

• A. The procurement authority shall award the contract in accordance with the award factors and respective weights outlined in the solicitation. The award decision shall be documented and available to public inspection.

• B. Award factors for formal bids.

  1. Except for procurements that are authorized under Subsection B.2. below, purchases requiring formal bidding shall be awarded to the lowest responsible and responsive bidder after notice in accordance with Section 4.12.260. The low bidder shall be determined based on the lowest total cost to the city including, but not limited to, the effect of:

     • a. Trade discounts;

     • b. Shipping costs;

     • c. Life cycle costs;

     • d. Operating efficiency;

     • e. Maintenance cost;

     • f. Application of the preferences provided for in Section 4.12.320;

     • g. If two or more bids received are for the same amount and are the lowest bids, the city may accept whichever one it chooses or have the award determined by lot.

  2. If the procurement authority determines that it is in the best interest of the city to issue a solicitation for the procurement of goods or services of indefinite quantities and/or with indefinite delivery dates that requires formal bidding, the solicitation may allow for the award to multiple bidders in order of the lowest bids. When multiple awards have been made under such circumstances, then at the time that actual purchases are made, the choice between or among the selected bidders shall be based on consideration of factors, including but not limited to the following: (a) lowest total cost to the city, (b) availability, and (c) quality.

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§ 4.12.330

• C. Award factors for quotes and proposals.

  1. Except for procurements authorized under Subsection C.3. below, purchases not requiring formal bidding shall be awarded to the bidder who has submitted the most advantageous quote or proposal in accordance with the applicable provisions of this chapter. In addition to the factors set out in Subsection B., the most advantageous quote or proposal shall be determined based on but not limited to:

     • a. Quality;

     • b. Capabilities and/or expertise of the bidder;

     • c. Adherence to applicable city council policies;

     • d. Ability of the bidder to provide future maintenance, repair parts and service;

     • e. Application of the preferences provided for in Section 4.12.320.

  2. Any one or more of the factors set out in Subsections B.1.a. through e., or Subsection C.1.d., may be excluded from a procurement if the factor or factors are clearly not applicable, at the discretion of the procurement authority. The procurement authority shall document the basis for its decision to exclude any of the factors.

3. If the procurement authority determines that it is in the best interest of the city, the solicitation for procurements of goods or services not requiring formal bidding may allow for the award to multiple bidders in order of the most advantageous quotes or proposals. When multiple awards have been made under such circumstances, then at the time that actual purchases are made, the choice between or among the selected bidders shall be based on consideration of factors, including but not limited to the following: (a) lowest total cost to the city, (b) availability, and (c) quality, capabilities and/or expertise.

• (Ords. 27980, 28802.)

• A. Prior to the issuance of a solicitation, the procurement authority shall make a determination of whether price shall be the determinative factor in the award of the solicitation.

• B. For solicitations where price has been chosen as the determinative factor, the preferences granted under this chapter shall be applied as follows:

  1. Bidders who qualify as a local business shall be given a credit of two and onehalf (2.5) percent of the cost bid; and

  2. Bidders who qualify as a small business shall be given a credit of two and onehalf (2.5) percent of the cost bid.

• C. For solicitations where price has not been chosen as the determinative factor the preferences granted under this chapter shall be applied as follows:

  1. Bidders who qualify as a local business enterprise shall be given a credit equal to five (5) percent of the total points used to determine the most advantageous quote or proposal.

  2. Bidders who qualify as a small business enterprise shall be given a credit equal to five (5) percent of the total points used to determine the most advantageous quote or proposal.

• (Ord. 27980.)

Application of the preferences for local business enterprises and small business enterprises shall not be made in the following procurements:

• A. Procurements where legal constraints on the expenditure of funds prohibit the application of the preference.

• B. Grant programs.

• (Ord. 27980.)

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§ 4.12.340

The city shall have the right to waive any informalities or minor irregularities in bids or bidding. (Ord. 27980.)

The Procurement Authority may reject any or all responses received. If all responses are rejected, the Procurement Authority may in his or her discretion:

• A. Re-notice the solicitation; or

• B. Negotiate and execute with a vendor for the goods or services without further solicitation under the following circumstances:

  1. For solicitations for contracts with a value greater than the Informal Procurement Threshold, upon approval of the City Council; or

  2. For solicitations for contracts with a value less than or equal to the Informal Procurement Threshold, upon documentation of the reasons for such a decision and notice to all person(s) who submitted responses to the solicitation.

(Ords. 27980, 28802, 30955.)

Part 5

PROTEST PROCEDURES

Sections:

• 4.12.415 Formal and informal protest procedures.

• 4.12.420 Notice of decision.

• 4.12.430 Time to file notice.

• 4.12.440 Form of protest. 4.12.450 Procurement authority's decision.

• A. Only the following persons have standing to protest a bid:

  1. A potential bidder who demonstrates it did not submit a bid because of an error in the procurement process; and

  2. A bidder who demonstrates it would have a reasonable possibility of being awarded the contract if the City were to sustain its protest.

• B. There will be no additional protest period, even if a timely submitted protest results in a change to which bidder will be awarded the contract.

(Ords. 27980, 31227.)

The remaining sections of this Part shall govern protests of decisions regarding procurements having a value greater than the Informal Procurement Threshold. Protests of decisions regarding procurements having a value equal to or less than the Informal Procurement Threshold shall be governed by an administrative procedure promulgated by the Director. However, until such time as this administrative procedure is promulgated, the protest procedures in this Part shall apply to procurements having a value equal to or less than the Informal Procurement Threshold, except that for such procurements, the Procurement Authority's decision shall be final. (Ords. 28802, 30955.)

After a decision regarding a procurement having a value greater than the Informal Procurement Threshold has been made, the Procurement Author-

• 4.12.460 Appeal of decision.

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§ 4.12.530

ity shall send a notice of intended award to all persons who submitted a response to a City solicitation.

(Ords. 27980, 28802, 30955.)

All protests must be filed in writing with the director within ten (10) calendar days after the sending of the notice of intended award. (Ord. 27980.)

All protests shall be in writing and shall state the grounds for the protest as well as all of the facts relevant to the protest. All protests hall be filed in accordance with the instructions contained in the solicitation which is the subject of the protest. (Ord. 27980.)

The procurement authority shall issue a written decision on the protest. The procurement authority may base the decision on the written protest alone or may informally gather evidence from the person filing the protest or any other person having relevant information.

(Ords. 27980, 28802.)

An appeal of the procurement authority's decision may be filed with the city council. All such appeals must be in writing, and shall be filed with the city clerk within ten calendar days of the sending of the procurement authority's decision. (Ords. 27980, 28802.)

Part 6

No officer or employee of the city shall requisition or order any supplies, materials, or equipment or services, other than those purchased in compliance with city's petty cash or procurement card policies, except through the director. No such officer or employee shall request the requisition or order any supplies, materials or equipment unless there exists an unencumbered balance of an appropriation or appropriations, available for such purpose, against or which the requisition or purchase may be charged.

(Ord. 27980.)

No officer or employee of the city shall split or separate a purchase of supplies, materials or equipment or a contract or purchase order for services for the purpose of evading the provisions of this chapter. The acquisition of supplies, materials and equipment should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer.

(Ord. 27980.)

No purchase of supplies, materials, or equipment or contract or purchase order for services shall be entered into unless there is an unexpended and unencumbered appropriation balance sufficient to pay the amount required by such purchase or contract or purchase order, except for an emergency purchase pursuant to Section 4.12.220. (Ord. 27980.)

GENERAL PROVISIONS

Sections:

• 4.12.520 Splitting of purchases or contracts.

• 4.12.530 Appropriation balance necessary.

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