(a) Department, Purchases. A department may purchase specified and limited supplies, and equipment, special equipment/supplies independently of the Purchasing Agent of a value less than Five Thousand and no/100th ($5,000.00) 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) Direct Purchase Order. The purchase of supplies, equipment, or special equipment/supplies with the estimated value of Five Thousand and no/100th ($5,000.00) Dollars but not more than Seventy-five Thousand and no/100th ($75,000.00) Dollars shall be made by a written bidding procedure as follows:
(1) The responsible department shall prepare a written product 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 mail, fax, or e-mail directly to the department representative requesting the item. 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 three years.
(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 local preference of five (5%) percent shall be given to local vendors located within the City of Thousand Oaks.
(iii) If the Department Head determines that all the bids received are unacceptably high, or specifications were unclear, the department 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;
(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 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. Purchasing Officer may waive any minor bid irregularities and shall award informal bids up to Seventy-five Thousand and no/100th ($75,000.00) Dollars.
(c) Formal Bid Procedures. For supplies, equipment, or special equipment/supplies with an estimated value in an amount exceeding Seventy-five Thousand and no/100th ($75,000.00) 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 the 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 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 or 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; and
(iii) Bulletin Board. The bid invitation shall be posted on a public bulletin board in City Hall.
(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. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security, as may be determined by the 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, the City Council may award the contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk Department and shall be identified as to bidder, project, and "Bid" on the envelope. 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 local 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. 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 the City Council.
(5) Rejection of Bids. If the City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the 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 the 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. The 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, the 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.
(§ 1, Ord. 1638-NS, eff. January 12, 2018)