Yuba County Municipal Code Art. 2 Alternative Bidding Procedure

As an alternative to any other bidding requirements set forth by law or in the Yuba County Purchasing and Contract Policy Manual, the following method of competitive bidding may be utilized.

(1) In accordance with Public Contracts Code § 22032(a), public projects of $30,000.00 or less may be performed by County employees by force account, by negotiated contract, or by purchase order.

(2) Public projects of $125,000.00 or less may be let to contract by informal procedures as set forth in Public Contracts Code Div. 2, Pt. 3, Ch. 2, Art. 3 (Public Contracts Code § 22030 et seq.), provided:

a. A list of contractors shall be developed and maintained in accordance with the provisions of Public Contracts Code § 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

b. Where a public project is to be performed which is subject to the provisions of this Article, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 2.50.110(2)a, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Public Contracts Code § 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided, however, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. All mailing of notices to contractors and construction trade journals pursuant to this Subsection b shall be completed not less than ten calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

c. In accordance with Public Contracts Code § 22034(e) the authority to award informal public projects contract of $125,000.00 or less by informal procedures pursuant to this Article is delegated to the Yuba County Public Works Director, County Administrative Officer or County Purchasing Agent.

(3) Public projects of more than $125,000.00 shall, except as provided in Subsection (4), be let to contract by formal bidding procedures as set forth in Public Contracts Code § 22037.

(4) If all bids received are in excess of $125,000.00 the Board of Supervisors may, by adoption of a resolution by a four-fifths vote, award the contract at $137,500.00 or less to the lowest responsible bidder, if it determines the cost estimate of the County department was reasonable.

(5) In its discretion, the County may reject any bids presented. If, after the first invitation for bids, all bids are rejected, after reevaluating its cost estimates of the project, the County shall have the option of either of the following:

a. Abandoning the project or re-advertising for bids.

b. By passage of a resolution by four-fifths vote of the Board of Supervisors declaring that the project can be performed more economically by County employees, the project may be done by force account without further compliance with this Article.

(6) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and lowest, the County may accept the one it chooses.

(7) If no bids are received through the formal or informal procedure, the project may be performed by County employees by force account or negotiated contract without further compliance with this Article.

(Prior Code, § 2.50.110; Ord. No. 807; Ord. No. 942; Ord. No. 1070; Ord. No. 1135; Ord. No. 1259; Ord. No. 1362; Ord. No. 1420)

State Law reference— Similar provisions to Subsection (a), Public Contracts Code § 22034(c), (d); similar provisions to Subsection (e), Public Contracts Code § 22038.