Solano County Municipal Code Art. II Purchases (CA)

22-20 Purchases of personal property

The purchasing agent shall be authorized and is hereby required to make purchases of personal property for the county, county officers or departments and using agencies.

(Ord. No. 1483, §1)

22-21 Purchases of services

The purchasing agent is authorized to enter into agreements by which independent contractors provide services to the county, county officers or departments, and using agencies.

The purchasing agent shall let personal service contracts identified by Government Code section 31000; provided, however, that the amount of any such contract shall not exceed the amount prescribed by Government Code section 25502.5.

Any contract which is known at the time of bidding to exceed pertinent statutory limitations shall be subject to approval by the board of supervisors. Any other contract for such services let by the purchasing agent shall contain a provision that such contract terminated upon the date of provision of services or personal property or incurring of expenses, the cumulative total of which equals said statutorily prescribed amount.

(Ord. No. 1483, §1)

22-22 Term of contracts

The purchasing agent shall not, absent prior approval by the board of supervisors, let any contract which exceeds a term of three years for the rental or lease of personal property, or for the acquisition of services by independent contract. No such contract shall exceed one (1) year unless the purchasing agent finds, and such findings are recited in the body of the contract, that a term longer than one (1) year is required in order to promote efficiency and economy, or for other reasons that a term of one (1) year is otherwise impractical.

(Ord. No. 1483, §1)

22-23 Competitive bidding required

Except as authorized by section 22-26, all purchases by the purchasing agent shall be made pursuant to competitive proposals, and shall be let to the party who makes the best responsible proposal as defined in section 22-25.

(a) The solicitation of bid proposals by newspaper publication shall not be required. The purchasing agent shall utilize such processes to advertise intended purchases as are reasonably calculated to provide adequate competition among vendors within the county, including, but not limited to, the direct solicitation of proposals from bidder lists.

(b) The purchasing manual may contain procedures under which notice is given exclusively to pre-qualified vendors, and identify other forms and procedures for the issuance of notice.

(Ord. No. 1483, §1)

22-24 Local business preference

(a) For purposes of this section, a “local business” means a business enterprise, including but not limited to a sole proprietorship, partnership, or corporation, which has the following:

(1) A valid business license issued from the County or a political subdivision within the County; and

(2) Its principal business office, or a satellite office with at least one full-time employee, located in the County.

(b) Where competitive bidding is utilized pursuant to section 22-23, and the lowest responsible bidder is not a local business, the purchasing agent shall provide the lowest responsible local business bidder, should one exist and its bid is within five percent (5%) of the lowest responsible bidder, with notice and an opportunity to reduce its bid to match that of the lowest responsible bidder. Notice shall be by telephone and either facsimile or electronic mail. The local business shall have five (5) business days after the date of such notice to match the lowest bid, in writing. Should the local business so match, it shall be deemed the lowest responsible bidder for purposes of sections 22-23 and 22-25 and receive the award.

(c) Should the lowest responsible local business bidder decline to match as set forth in subdivision (b), the purchasing agent shall provide the next lowest responsible local business bidder, should one exist and its bid is within five percent (5%) of the lowest responsible bidder, with the same notice and opportunity to match the bid of the lowest responsible bidder as in subdivision (b). This process shall continue as necessary, until an award is made under section 22-25 either to a responsible local business bidder within five percent (5%) of the lowest responsible bidder, or the lowest responsible bidder itself.

(d) In instances where a local business and a non-local business submit equivalent, lowest responsible bids, the purchasing agent shall give preference to the local business.

(e) No contract awarded to a local business under this section shall be assigned or subcontracted in any manner that permits more than fifty (50) percent or more of the dollar value of the contract to be performed by an entity that is not a local business.

(f) In submitting a bid subject to this section, a local business shall affirm its compliance with subdivision (a) on a form to be provided by the purchasing agent.

(g) The purchasing agent shall provide adequate notice of the provisions of this section to prospective bidders.

(h) This section is made expressly inapplicable to public works or other projects to the extent the application would be prohibited by state or federal law.

(Ord. No. 1483, §1; Ord. No. 1650, §3; Ord. No. 1698, §2)

22-25 Award of bids

Awards shall be determined by and be based upon the best proposal which, in the discretion of the purchasing agent, is the proposal which most adequately meets the needs of the county, officer, department, or using agency at the lowest price.

(a) In determining the best proposal, in addition to price, the purchasing agent may consider the quality, availability, and functional or other suitability of the personal property or contractual services to the particular use intended. The purchasing agent may also consider other factors, including, but not limited to, the following:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the service required;

(2) Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference;

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;

(4) The quality of performance of previous contracts or services;

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

(6) The sufficiency of the financial resources, and ability of the bidder to perform the contract or provide the service;

(7) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and

(8) The number and scope of conditions attached to the bid;

(b) With respect to acquisitions of title to personal property or of the personal property by rental, lease, or otherwise, the best proposal shall, as to products which equally satisfy intended uses, be the one submitted by a responsible bidder at the lowest price.

(Ord. No. 1483, §1; Ord. No. 1698, §3, 4)

22-26 Exceptions to bidding

Purchases may, but need not be let pursuant to competitive proposals under the following circumstances:

(a) When the aggregate or cumulative price to be paid under the purchase contact is ten thousand dollars ($10,000.00) or less, unless otherwise required by state law; or

(b) When a patented or proprietary item is being purchased; or

(d) When the following types of personal property or services are being acquired, obtained, rented or leased: (1) advertising; (2) books, recordings, motion picture films, subscriptions; (3) election supplies; (4) insurance; (5) public utility services; (6) travel services; (7) property or services provided by or through other governmental agencies; or (8) property or services, the price of which is fixed by law.

(Ord. No. 1483, §1)

22-27 Splitting prohibited

It is unlawful, for bidding purposes, to split or separate into smaller units of purchase any purchase covered by this chapter in order to evade bidding requirements.

(Ord. No. 1483, §1)