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(a) Except in the case of emergency as provided in Section 402, below, or as otherwise provided by State or federal law, County ordinance, or Board Policy, the Director shall have exclusive authority to take the actions described in this section on behalf of the County.
(b) The Director has authority to enter into contracts to purchase, rent, license, or lease all personal property for the County, including any insurance, supplies, materials, furnishings, equipment, computer hardware and software systems, and licenses to use intellectual property, "goods" and engage independent contractors to perform services for the County, with or without the furnishing of material ("services"). The Director may enter into the following contracts without obtaining the approval of the Board of Supervisors, except as set forth in Board Policy and as otherwise provided for in this Code of Administrative Ordinances:
(1) Service Contracts for goods or services where the annual aggregate cost does not exceed $100,000; and
(2) Service Contracts for goods or services where the annual value does not exceed $1,000,000 per year and where:
a. The Board of Supervisors has exempted the category of goods or services (including "professional services," as defined in Board Policy and as otherwise provided for in this Code of Administrative Ordinances) provided under the subject contract from competitive procurement requirements pursuant to Board Policy exempting specific classes of procurement from such requirements; or
b. The contract is awarded pursuant to a "competitive negotiated procurement" procedure, as defined in Board Policy.
(3) All contracts for goods or services, with no maximum limitation on contract value, where the Director awards the contract:
(a) By a "formal bidding" or "reverse auction" procedure, as defined in Board Policy, or
(b) Based upon contracts competitively awarded by other government agencies or cooperative of agencies, and where the Director determines that the pricing is fair and reasonable.
(4) The Director may amend any contract without obtaining approval of the Board of Supervisors provided that the contract price remains within the authorities stated in this Section 401 or, for contracts awarded pursuant to subdivision (b)(2) of this Section 401, the amendment does not increase the annual contract price above $1,250,000.
(c) The Director has authority to negotiate and enter into or amend a contract or contracts where the Board has specifically authorized the Director to do so, in accordance with any conditions specified by the Board.
(d) The Director is authorized to enter into public works contracts (as described in section 20121 of the Public Contract Code) without obtaining the approval of the Board of Supervisors as follows:
(1) The estimated cost of the work is less than the amounts prescribed by the Public Contract Code.
(2) The work is performed by an entity that State or federal law has excepted from the bidding requirements of the Public Contract Code or applicable federal law.
(e) The Director is authorized to enter into contracts for highways (as described in section 20390 et seq. of the Public Contract Code) or a bridge or a subway (pursuant to Article 26 of the Public Contract Code) or for a project under the Improvement Act of 1911 (pursuant to Article 27 of the Public Contract Code) or under the County Sanitation District Act (pursuant to Article 50 of the Public Contract Code) or for construction by the San Diego County Flood Control District (pursuant to Article 120 of the Public Contract Code). The Director of Purchasing and Contracting may enter into these contracts, without obtaining approval of the Board of Supervisors, if the Director, Department of Public Works, estimates the cost at less than the amount prescribed by the Public Contract below which threshold the requirements of the Public Contract Code for contracting are inapplicable.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 9836 (N.S.), effective 4-12-07; amended by Ord. No. 10158 (N.S.), effective 8-11-11; amended by Ord. No. 10243 (N.S.), effective 2-7-13; amended by Ord. No. 10283 (N.S.), effective 10-10-13; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
(a) An "emergency" means conditions that require immediate action to contain or control an immediate danger or threat of danger to the public health, safety or welfare, or to persons in the care or custody of the County.
(b) The Director of the Department of Purchasing and Contracting, as the County's Purchasing Agent, in cases of emergency, may issue contracts to extend or modify existing (emergency or non-emergency) contracts in any amount. The Director shall report such actions to the Board of Supervisors for ratification when required by County Ordinance or Board policy, or by State or federal law or regulation.
(c) In cases of emergency, as determined by department heads or elected officials, and in accordance with County ordinances or Board Policy, and State or federal law or regulation, such officials may make emergency purchases. All officials making emergency purchases shall report such actions to the Director at the first available opportunity and submit sufficient and proper documentation for subsequent approval by the Director or ratification by the Board of Supervisors, as appropriate.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 9836 (N.S.), effective 4-12-07; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
(a) Any action by the Board of Supervisors to authorize contracting for a public works project (pursuant to Article 3.5 in Part 3 of the Public Contract Code) or a highway (pursuant to Article 25 of the Public Contract Code) or a bridge or a subway (pursuant to Article 26 of the Public Contract Code) or for a project under the Improvement Act of 1911 (pursuant to Article 27 of the Public Contract Code) or under the County Sanitation District Act (pursuant to Article 50 of the Public Contract Code) or for construction by the San Diego County Flood Control District (pursuant to Article 120 of the Public Contract Code) shall be deemed to include approval of contract documents; adoption of plans and specifications; authority to advertise for bids, or ratification of advertising; authority to award to the lowest responsible bidder; and any other actions the Director of Purchasing and Contracting needs to award the contract and to take necessary administrative actions, up to and including, terminating the contract.
(b) Any action referred to in Subsection (a) shall be deemed to authorize the Director to (1) modify the plans and specifications, if doing so will not increase the cost or cause a significant change in the project; (2) waive, in consultation with the County Counsel, minor irregularities in a bid, if doing so will not confer a competitive advantage on the bidder; (3) cancel solicitations when in the best interest of the County or district; (4) reject all bids, if the Director of Purchasing and Contracting determines that the bids are unreasonable or if the Director of Purchasing and Contracting determines for any other reason that doing so is clearly in the best interests of the County or district; (5) re-advertise and award, if the Director of Purchasing and Contracting has rejected all bids; and (6) issue termination notices and terminate contracts.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 9836 (N.S.), effective 4-12-07)
Approval by the Board of Supervisors of departmental budgets, or of appropriation transfers or of appropriations of unanticipated or over-realized revenues, which include repair or remodeling costs shall be deemed an order of the Board for purposes of Public Contract Code section 20128.5 and shall authorize the Director to direct that the work be done according to unit prices in any contract awarded under that provision. The Director may issue work-orders or a work-order under the unit price contract to the full value of that contract.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 10158 (N.S.), effective 8-11-11; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
The provisions of Articles 25, 26 and 27, Chapters 1 and 2, Part 3, Division 2 of the Public Contract Code, as are applicable to the County of San Diego, shall apply to contracts awarded by the Director for subject construction work.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01)
(a) The Department shall give preference to any Local Business that is also a Disabled Veteran Owned Business, Veteran Owned or Small Business in the evaluation of a bid or proposal as required by this Section 405. For purposes of this Section 405, a vendor qualifying under this Subdivision (a) shall be referred as a "Preferred Vendor."
(b) Definitions.
(1) "Local Business" shall mean a partnership, corporation, joint venture, or any other association formed to conduct business, or an individual, that:
(i) Maintains its international or domestic headquarters within the geographic boundaries of San Diego County; or
(ii) At the time the County issues the solicitation, provides or sells from a location within the geographic boundaries of San Diego County the same or similar goods or services to be purchased by the County. For purposes of this definition, the same or similar goods or services may be only a part of the goods or services being purchased.
For purposes of the definition of "Local Business," a partnership, joint venture or any other entity seeking to qualify as a Local Business must demonstrate that at least one of its members qualifies as a Local Business and i) will perform a commercially useful function under the contract to be awarded, ii) is an equity member of the entity, and iii) is not a subcontractor.
(2) "Veteran Owned Business" shall have the meaning set forth in Board Policy.
(3) "Disabled Veteran Business" shall have the meaning set forth in Board Policy.
(4) "Small Business" shall have the meaning set forth in Board Policy.
(c) In any procurement where a preference is required to be applied by Subdivision (a) of this Section 405, five percent (5%) shall be subtracted from any Preferred Vendor's bid or proposed price being evaluated for award. The amount subtracted shall not exceed fifty thousand dollars ($50,000.00). For formal bids, if the price adjustment results in the Preferred Vendor's bid being equal to or lower than the lowest bid submitted by a non-Preferred Vendor, contract award shall be made to the Preferred Vendor, and shall be made at the unadjusted bid price. For competitive negotiated procurements, contract award shall be made to the proposer providing the best value to the County after consideration of the price preference.
(d) This Section 405 shall not apply to procurements where precluded by funding source requirements or State or federal law or regulation, or where the County is leading or participating in a cooperative procurement with another public entity or entities.
(e) This section shall apply to procurements and resulting contracts issued on or after January 1, 2020.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 10406 (N.S.), effective 2-4-16; amended by Ord. No. 10625 (N.S.), effective 1-1-20)
The Board may authorize and approve in writing and the Director may establish and maintain after receiving such written authorization and approval, storerooms or warehouses or other facilities for storing and issuing County supplies.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01)
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