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(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)
The Director shall coordinate efforts to improve the County‘s contracting process, including but not limited to the development of standard procedures for the selection of contractors, standard contract provisions, standardized and simplified review procedures, and standardized contract administration practices. The Director shall monitor and evaluate procedures and provide assistance to the various County departments in respect to contracting. The Chief Administrative Officer shall assign personnel with necessary technical expertise to work with the Director of Purchasing and Contracting in improving the contract process and providing contract review on a consolidated basis.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01)
The Director shall purchase at the expense of the County and upon proper requisition therefore, all official badges and necessary official equipment for detectives and investigators of the District Attorney, for deputy sheriffs of the Sheriff, for motorcycle officers or motor police of the County, and all other insignia of law or other enforcement officers that may be necessary in order to properly carry on the business of the County.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01)
The Department of Purchasing and Contracting will perform the following records management functions:
(a) Administer a uniform Records Management Program encompassing all County departments and offices;
(b) Manage Countywide agreements for off-site records storage, scanning services, and duplicating services; and
(c) Provide for records storage and retrieval of historical documents maintained in the County's vault(s).
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; repealed by Ord. No. 9545 (N.S.), effective 5-8-03; new section added by Ord. No. 9601 (N.S.), effective 10-30-03; amended by Ord. No. 9836 (N.S.), effective 4-12-07; amended by Ord. No. 10406 (N.S.), effective 2-4-16)
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