Thousand Oaks Municipal Code Art. 2 Supplies, General Services and Equipment

Except as authorized in Section 3-10.202, 3-10.203, or in the case of urgencies as described in Section 3-10.205, the purchase of supplies, equipment and special equipment/supplies, not included in the construction contract or bid specification for a public works project, and certain general services, shall be made as follows:

(a) Department Purchases. A department may purchase specified and limited supplies, and equipment, special equipment/supplies, and certain general services independently of the Purchasing Agent of a value less than Ten Thousand and no/100th ($10,000.00) Dollars, provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes when purchasing such items. All such purchases shall be made with funds in an unencumbered appropriation.

(b) Purchase Order. The purchase of supplies, equipment, or special equipment/supplies, and certain general services with the estimated value of Ten Thousand and no/100th ($10,000.00) Dollars but not more than One Hundred Thousand and no/100th ($100,000.00) Dollars shall be made by a written bidding procedure as follows:

(1) The responsible department shall prepare a written product or service specification describing the minimum requirements of the purchase.

(2) The department shall obtain at least three written responses to the informal request for bid. This requirement may be waived for good cause in writing by the Department Head and Purchasing Agent in consultation with one another.

(3) Written responses may be made by e-mail directly to the department representative requesting the item, or through the City’s eProcurement portal. Further negotiation with a vendor to negotiate a lower price based on the bid responses received from other vendors is prohibited. A written record and tabulation shall be made at that time the bid response is received and opened. All written responses must be retained by the department for the amount of time as specified in the City’s retention schedule.

(4) Bid evaluation procedures. All bids shall be analyzed by the department for compliance with bid specifications, and the department shall prepare an analysis of the bid process.

(i) Award will go to the lowest responsive/responsible bidder.

(ii) Quality, quantity, and service being equal, a preference of five (5%) percent shall be given to local vendors located within the City of Thousand Oaks pursuant to Section 3-10.206.

(iii) If the Department Head determines that all the bids received are unacceptably high, or specifications were unclear, the Department Head may reject any bids received and the item may be rebid.

(5) No bids received. In the event no bids are received, the Department Head requesting the purchase shall have the option of any of the following:

(i) Abandoning the purchase; or

(ii) Rebidding the purchase; or

(iii) Requesting Purchasing Officer approval to obtain the item, supply, service, or equipment on a direct negotiated contract.

(6) The Department Head shall prepare a written recommendation to the Purchasing Officer for award or rejection of bids.

(7) Award. The Purchasing Officer shall reject all bids or award the purchase contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the bid and the contract award amount is within the unencumbered appropriation for that item. The Purchasing Officer may waive any minor bid irregularities and shall award informal bids up to One Hundred Thousand and no/100th ($100,000.00) Dollars.

(c) Formal Bid Procedures. For supplies, equipment, or special equipment/supplies with an estimated value in an amount exceeding One Hundred Thousand and no/100th ($100,000.00) Dollars, purchases shall be made in accordance with the following formal written procedures:

(1) Published Notices. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in City, and in appropriate trade publications, if any, circulated within the general area and posted on the City’s Purchasing website. Such other notice as the Purchasing Agent deems appropriate shall also be made.

(i) Notices inviting bids. Notices inviting bids shall include a general description of the goods, articles, services, or equipment to be purchased or required, state where bid blanks and specifications may be secured, describe any performance or bid security required, and the time and place for the opening of bids;

(ii) Bidder’s List. The Purchasing Agent shall maintain a list of responsible bidders for various categories of supplies or equipment. A notice of the solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder’s list for the category of equipment, supplies or general services subject to the bid request or posted on the City’s Purchasing website and distributed through mass e-mail notifications.

(2) Bidder’s Security/Failure to Sign Contract. If the City requires a bidder’s bond or other form of security, the bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certified check payable to the City, or a bidder’s bond. Bid security of unsuccessful bidders shall be disposed of securely or returned within sixty (60) days as necessary by the City. However, the lowest responsive and responsible bidder shall forfeit all or part of their bid security, as may be determined by City Council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, City Council may award the contract to the next lowest responsive and responsible bidder.

(3) Bid Opening Procedure. Sealed bids shall be submitted electronically through the City’s eProcurement portal. Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received.

(4) Bid Evaluation Procedures. Quality and service being equal, a preference of five (5%) percent but not more than Five Thousand and no/100th ($5,000.00) Dollars shall be given to local vendors located within the City of Thousand Oaks per Section 3-10.206. All bids shall be analyzed by the Purchasing Agent and the department for compliance with bid specifications. The department shall prepare a recommendation for award or rejection to City Council.

(5) Rejection of Bids. If City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, City Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract to complete the purchase.

(6) Award of Contracts. Contracts shall be awarded by City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the criteria designated in the solicitation and provided the award amount is within the unencumbered appropriation for that item. City Council may waive any minor bid irregularities.

(7) Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, City Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.

(8) Performance Bonds. The City may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(a) Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Agent and Department Head, in consultation with one another, may:

(1) Limit bidding to a specific product type, or a brand name product; or

(2) Utilize a request for proposal approach where warranties, service and/or maintenance obligations, and product performance will be evaluated in addition to the price of the product. The award of the contract should be to the proposer staff deems is in the best public interest.

(b) Sole and Single-Source Purchases. Sole and single-source purchases can be exempt from the competitive bidding requirements in Sec. 3-10.201 through the following process.

(1) All sole source and single-source purchases shall be supported by memorandum of written documentation indicating the facts and nature supporting the determination of a single or sole source, signed by the Department Head and forwarded to the Purchasing Agent for approval. The Purchasing Officer shall approve sole and single-source acquisitions in an amount of One Hundred Thousand and no/100th ($100,000.00) Dollars or less.

(2) Approval of any sole and single-source acquisition exceeding One Hundred Thousand and no/100th ($100,000) Dollars shall be obtained from City Council for an award of a contract.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

Approval and award of cooperative, “piggy-back” or multiple awarded bid purchases shall be obtained from the Department Head for contracts up to Fifty Thousand and no/100th ($50,000) Dollars. For contracts over Fifty Thousand and no/100th ($50,000) Dollars and up to One Hundred Thousand and no/100th ($100,000) Dollars, approval and award shall be obtained from the City Manager, and by the City Council for purchases in an amount exceeding One Hundred Thousand and no/100th ($100,000.00) Dollars.

(a) Cooperative Purchasing. The bidding requirements of Section 3-10.201 shall not apply to the purchase of any equipment or supplies which the Purchasing Agent determines to be in the best interest of the City to obtain through a cooperative competitive bidding procedure being prepared by and processed through another local, state, or federal governmental agency.

(b) Piggyback. If the Purchasing Agent determines it to be in the best interest of the City, the Purchasing Agent is authorized to “piggy-back” onto or join into an existing written purchase contract obtained through a competitive bidding process prepared and awarded by another local, state or federal government agency.

(c) Multiple Awarded Bids. Multiple awarded bids are generally conducted by larger government agencies. A competitive bidding process is conducted for a specified product. Several vendors whose product meets the specification are awarded the contract. Maximum item price and contract terms are established. If the Purchasing Agent determines it to be in the City’s best interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded contract list and award the bid to the lowest responsive and responsible bidder.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

Wherever possible and practical, procure products and services that are environmentally preferable, as outlined in the Environmentally Preferable Purchasing Policy.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

The bidding procedures of Section 3-10.201 or solicitation procedures in Section 3-10.401 may be dispensed with in the case of urgency. An urgency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of essential operations or services of the City, or result in excessive costs if not immediately remedied, or to avoid the immediate danger to life, health, or property. City Council delegates authority to the City Manager to designate a situation as an urgency. Purchases of One Hundred Thousand and no/100th ($100,000.00) Dollars and over shall be reported to City Council at the next available City Council meeting.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

To promote economic development and maintain a healthy economic base in the City, as well as encourage businesses to move into the City’s jurisdiction, the City supports employment and local business opportunities which in turn promote the City’s economic growth. As such, the City has determined it is in its best interest to provide a preference to local businesses.

(a) Local Preference in Purchasing. In the bidding of, or contracting for procurement of supplies, materials, and equipment as provided in these sections, the Purchasing Officer may give a preference to responsive, responsible, local businesses located in the City of Thousand Oaks in an amount not-to-exceed Five (5%) Percent of the local business’ total net bid price, or Five Thousand and no/100th ($5,000.00) Dollars, whichever is lower. The Purchasing Officer shall grant the local preference after determining that the products are comparable to that of the next lowest bidder. In order for a local business to be eligible to claim the preference, the business must provide a copy of its current business tax certificate issued by the City. This local preference is not applicable to: (1) bids for public projects as defined by PCC Sections 20161 and 22002, (2) bids funded by grants which prohibit its use, and (3) contracts for professional, management, general, and special services.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

Purchases and public works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

The Purchasing Agent, or department requesting the item, shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The Purchasing Agent, at their discretion, may require chemical and physical tests of samples or supplies and equipment as they deem necessary to determine the quality in conformance with those specifications.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)

(a) General services as defined in Article 1, Section 3-10.102(e) shall be procured either through the bid process outlined in Article 2, Section 3-10.201 with the emphasis on awarding to the “lowest responsive responsible bidder” or through the Request for Proposal process outlined in Article 4, Section 3-10.401 with emphasis on factors other than price.

(b) Factors to Consider. If it is determined by the department in consultation with the Purchasing Agent that all vendors providing a service classification can each provide the service satisfactorily, a bid process would be appropriate. However, if factors other than price need to be considered in awarding the contract, the Request for Proposal (RFP) process may be used. Examples of areas other than price that may be important in awarding the contract include: experience level, competence, resources/equipment, staffing levels, services available/time factors, and other qualifications determined by each City department responsible for recommending the service contract that may be important to consider.

(c) On-Call Master General Services Single or Multi-year Contracts may be awarded to multiple service providers following a formal Request for Proposal/Qualification process using the procedures set forth in Section 3-10.401. Award of master contracts and negotiating task orders should follow the procedure set out in Section 3-10.108 and according to the processes outlined in the Purchasing Manual.

(§ 4, Ord. 1745-NS, eff. January 9, 2026)