Note: Prior history: Prior code §§ 2500—2516
and Ord. No. 1125CCS, adopted 5/22/79; Ord. No. 1284CCS, adopted 8/23/83;
Ord. No. 1295CCS, adopted 1/24/84; Ord. No. 1743CCS, adopted 5/10/94;
Ord. No. 1900CCS, adopted 2/17/98; Ord. No. 1951CCS, adopted 9/14/99;
Ord. No. 1998CCS, adopted 1/9/01; Ord. No. 2039CCS, adopted 7/5/02;
Ord. No. 2228CCS, adopted 5/22/07; Ord. No. 2284CCS, adopted 2/24/09;
Ord. No. 2303CCS, adopted 1/9/10; Ord. No. 2435CCS, adopted 8/13/13;
Ord. No. 2447CCS, adopted 11/26/13; Ord. No. 2523CCS, adopted 7/12/16;
Ord. No. 2588CCS, adopted 10/9/18.
The purpose of this chapter is to establish procedures, consistent with Sections 608 and 1508 of the City Charter, for the purchase of all goods and services, contracts for the construction of public works projects, and the disposition of property.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
Appointment. The Director of Finance shall appoint the Purchasing
Agent.
(b)
Powers and Duties. The Purchasing Agent shall have the powers and duties set forth in Section 1507 of the City Charter. In addition, subject to the provisions of this Chapter, the Purchasing Agent shall have the power to:
(1)
Contract for all utility services;
(2)
Declare goods as surplus, obsolete or unused and authorize the transfer
or disposal of such goods consistent with all applicable laws and
regulations;
(3)
Cancel solicitations and re-solicit bids or proposals when cancellation
is in the City's best interest for reasons including, but not limited
to, when the City determines that:
(A)
The City does not require the goods, services, or construction of
the public works project;
(B)
The City does not require a third party to provide the goods, services,
or construct the public works project;
(C)
Proposed amendments to the solicitation document make a new solicitation
desirable or necessary;
(D)
Prices or costs exceed the City's cost estimates;
(E)
No bids or proposals have been received in response to the solicitation;
or
(F)
A procedural irregularity – including, but not limited to,
failure to properly notice the solicitation or a material error in
specifications – exists that could materially affect the outcome
of the solicitation.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
All acquisitions and purchases shall be made by and through
the Purchasing Agent, except:
(a)
Purchases
of goods and services made from petty cash funds pursuant to written
control procedures approved as administrative regulations by the City
Manager;
(b)
Purchases
of goods and services by city procurement card ("P-Card") or other
credit card, made in conformance with written control procedures approved
as administrative regulations by the City Manager;
(d)
Contracts
for legal services approved by the City Attorney;
(e)
Purchases
that are exempt from competitive solicitation procedures pursuant
to this Chapter; and
(f)
Mutual
aid agreements.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The City Council may adopt by resolution policies related to
the purchase of goods and services, contracts for the construction
of public works projects, or the disposition of property. Such policies
may include, but not be limited to, policies addressing local boycotts,
use of sustainable goods and price preferences for local businesses.
Such policies shall not conflict with, but may be in addition to,
any provisions of this Chapter. Such policies shall be considered
implemented in the solicitation and award of contracts made under
this Chapter.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The City Manager, or the Director of Finance as designated by
the City Manager, is authorized to adopt written administrative regulations
and instructions that are consistent with and that further the terms
and requirements set forth within this Chapter.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The City Council shall award:
(a)
Purchases
of goods of more than two hundred fifty thousand dollars;
(b)
Contractual
services agreements of more than two hundred fifty thousand dollars;
(c)
Professional
services agreements of more than ninety-five thousand dollars;
(d)
Public
works contracts of more than two hundred fifty thousand dollars; and
(e)
Any
other purchases and contracts that have not been otherwise authorized
under this Chapter, unless the City Council has authorized a City
officer or employee to negotiate a contract on behalf of the City
without further Council approval.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
The City Manager, or his or her designee pursuant to subsection (b) below, is authorized to make purchases and award the following:
(1)
Purchases of goods of two hundred fifty thousand dollars or less;
(2)
Contractual services agreements of two hundred fifty thousand dollars
or less;
(3)
Professional services agreements of ninety-five thousand dollars
or less;
(4)
Public works contracts of two hundred fifty thousand dollars or less;
(6)
Agreements to rent, lease or license real property valued at two
hundred fifty thousand dollars or less or entered pursuant to express
approval by the City Council.
(b)
The
City Manager may delegate authority to make purchases and awards under
this Section. All such delegations shall be in writing and dated and
shall specify the limits of the authority delegated, including, without
limitation, the type of purchase, dollar amount, and the terms of
any contracts that will be executed under the delegation. All such
delegations of authority shall be kept on file by the Purchasing Agent.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The City Attorney is authorized to award and enter into contracts
for legal services, including, but not limited to, services provided
by outside legal counsel, investigators, consultants or experts in
conjunction with claims against the City, pending or anticipated litigation,
or administrative or other legal proceedings.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The Purchasing Agent is authorized to:
(a)
Issue
purchase orders awarded in accordance with this Chapter;
(b)
Sell goods valued at less than twenty-five thousand dollars that have been declared surplus, obsolete or unused by bid, auction, negotiated sale, trade-in or exchange in accordance with Section 2.24.160;
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The Emergency Services Manager is authorized to make emergency purchases in accordance with Section 2.24.240.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The Director of Public Works, the City Engineer or the Capital Improvement Manager, is authorized to issue task orders for as-needed services agreements in accordance with Section 2.24.220(g).
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19; Amended byOrd. No. 2763CCS, adopted 11/14/2023)
(a)
Goods
are physical items, including, but not limited to, materials, supplies
and equipment.
(b)
Goods shall be solicited as follows, applying the criteria for best bidder as set forth in Section 2.24.180:
(1)
Purchases of twenty-five thousand dollars or less shall be exempt from competitive bidding requirements, unless the Purchasing Agent determines, on a case by case basis, that substantial cost savings could be achieved without jeopardizing necessary operational efficiency, in which case the purchase shall be subject to the informal solicitation procedures set forth in Section 2.24.210.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
Contractual
services are services for non-professional functions that are predominantly
physical, manual or routine. Contractual services include, but are
not limited to, custodial services, temporary agency services, and
security services.
(b)
Contractual services agreements shall be solicited as follows, applying the criteria for best bidder as set forth in Section 2.24.180:
(1)
Contractual services agreements of twenty-five thousand dollars or less shall be exempt from competitive bidding requirements, unless the Purchasing Agent determines, on a case by case basis, that substantial cost savings could be achieved without jeopardizing necessary operational efficiency, in which case the agreement shall be subject to the informal solicitation procedures set forth in Section 2.24.210.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
Professional
services are services that require specialized expertise, training
in a professional field, or other developed skills or training. Professional
services include, but are not limited to, services performed by vendors
with a State license or certification, including, but not limited
to, accountants, doctors, lawyers, engineers, architects and land
surveyors.
(b)
Professional services agreements shall be solicited as follows, applying the criteria for best qualified person or firm as set forth in Section 2.24.190:
(1)
Professional services agreements of twenty-five thousand dollars or less shall be exempt from competitive bidding requirements, unless the Purchasing Agent determines, on a case by case basis, that substantial cost savings could be achieved without jeopardizing necessary operational efficiency, in which case the agreement shall be subject to the informal solicitation procedures set forth in Section 2.24.210.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
A
public works contract is a contract paid for in whole or in part with
public funds for the construction, alteration, repair, improvement,
reconstruction or demolition of any public building, facility, street,
sidewalk, utility, park or open space improvement, or other public
improvement.
(b)
Public works contracts shall be solicited as follows, applying the criteria for best bidder as set forth in Section 2.24.180:
(1)
Public works contracts of twenty-five thousand dollars or less shall be exempt from competitive bidding requirements, unless the Purchasing Agent determines, on a case by case basis, that substantial cost savings could be achieved through the competitive bidding process without jeopardizing necessary operational efficiency, in which case the project shall be subject to the informal solicitation procedures set forth in Section 2.24.210.
(2)
Public works contracts of more than twenty-five thousand dollars but not more than two hundred fifty thousand dollars shall be subject to the informal solicitation procedures set forth in Section 2.24.210.
(3)
Public works contracts of more than two hundred fifty thousand dollars shall be subject to the formal solicitation procedures set forth in Section 2.24.220.
(4)
Master services agreements for public works projects may be solicited and implemented in accordance with the procedures set forth in Section 2.24.220(g).
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
Goods that have been declared surplus, obsolete or unused by the Purchasing Agent shall be sold to the best bidder, applying the criteria in Section 2.24.180, by bid, auction, negotiated sale, trade-in or exchange as follows:
(a)
The
sale of goods valued at twenty-five thousand dollars or less shall
be sold according to procedures established by the Purchasing Agent.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
Goods that have been declared surplus, obsolete or unused by
the Purchasing Agent may be donated as follows:
(a)
Goods
valued at twenty-five thousand dollars or less may be donated in accordance
with procedures established by the Purchasing Agent.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
In determining the best bidder, the City shall consider all
of the following criteria that are relevant to the solicitation:
(a)
Price;
(b)
The
quality of the material or services offered;
(c)
The
ability, capacity and skill of the bidder to perform or provide the
materials or services;
(d)
The
capacity of the bidder to perform the contract or provide the service
promptly, within the time specified, and without delay or interference;
(e)
The
sufficiency of the bidder's financial resources;
(f)
The
character, integrity, reputation, judgment, training, experience and
efficiency of the bidder;
(g)
The
ability of the bidder to provide such future maintenance or service
as may be needed;
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
In determining the best qualified person or firm for award of
a professional services agreement, the City shall consider all of
the following criteria that are relevant to the solicitation:
(a)
The
training, credentials and experience of the person or firm;
(b)
The
demonstrated competence, ability, capacity and skill of the person
or firm to perform the contract or provide the service promptly, within
the time specified, and without delay;
(c)
The
capacity of the person or firm to perform the contract or provide
the service promptly, within the time specified, and without delay;
(d)
The
sufficiency of the person's or firm's financial and other resources;
and
(e)
The
character, integrity, reputation and judgment of the person or firm;
(f)
The
ability of the person or firm to provide such future service as may
be needed; and
(g)
The
price which the person or firm proposes to charge, including whether
the price is fair, reasonable and competitive.
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The City shall have absolute discretion in determining the applicability
and weight of the criteria listed above. The City is not required
to select the proposal with the lowest price.
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(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
In determining the best bidder for solicitations of goods and
contractual services subject to the informal and formal procedures
set forth in this Chapter, the Purchasing Agent shall provide a price
preference for local businesses as follows:
(a)
The
Purchasing Agent shall provide a two percent price preference to all
City businesses submitting bids or proposals upon which will be levied
a State of California sales tax. The Purchasing Agent shall administer
the bidding preference so that bid amounts received from City businesses
are reduced by two percent to determine the rank order of the bids
in the selection process. If, after the two percent preference is
applied, a City business has submitted a bid which is equal to or
lower than all other proposals, the City Council shall award the contract
to the City business so long as it is otherwise the best bidder or
best qualified person or firm.
(b)
For
purposes of this provision, a City business shall have its primary
physical place of business within the City and be licensed by the
City of Santa Monica to conduct business in the City.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
Informal solicitations shall be subject to the following procedures:
(a)
The
Purchasing Agent shall issue a notice inviting bids or request for
proposals and solicit not less than three bids or proposals by direct
mail or electronic mail request, or by telephone. The Purchasing Agent
may require additional notice as the Purchasing Agent deems appropriate,
including, for example, requiring that the solicitation be posted
on the City's online vendor portal website.
(b)
The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section 2.24.180. For purchases of professional services, the City Department shall make a recommendation of best qualified person or firm by applying the criteria set forth in Section 2.24.190.
(c)
The
Purchasing Agent shall provide notice of the recommended award to
all bidders or proposers through the City's online vendor portal website
or by other means as determined by the Purchasing Agent.
(d)
The City Manager shall award the solicitation after the time to file a protest has expired or after a final determination on a protest has been made in accordance with Section 2.24.260.
(e)
The
City Manager may reject any and all bids or proposals received whenever,
in the opinion of the City Manager:
(1)
The bid(s) or proposal(s) received do not comply with the specifications
of the notice inviting bids or request for proposals;
(2)
The proposed project or purchase should be abandoned or delayed;
(3)
The materials or services may be purchased more reasonably on the
open market or the work done less expensively by City personnel;
(4)
The bids or proposals are higher than anticipated and a new solicitation
would result in savings to the City; or
(5)
The best interests of the City would be served by a rejection of
any or all bids or proposals.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
Formal solicitations shall be subject to the following procedures:
(a)
The Purchasing Agent shall issue a formal notice inviting bids
or request for proposals and shall solicit bids and proposals by:
(1)
Advertising in a newspaper of general circulation in the City
of Santa Monica on at least two occasions, the first of which shall
be at least ten days before the time for opening received bids; and
(2)
Posting on the City's online vendor portal website.
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The Purchasing Agent may require additional notice as the Purchasing
Agent determines to be in the best interest of the City.
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(b)
At the time specified in the notice inviting bids or request
for proposals, all bids or proposals timely received shall be opened
and declared publicly, either in person or through the City's online
vendor portal website.
(c)
The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section 2.24.180. For purchases of professional services, the City Department shall make a recommendation of best qualified person or firm by applying the criteria set forth in Section 2.24.190.
(d)
The Purchasing Agent shall provide notice of the recommended
award to all bidders or proposers through the City's online vendor
portal website or by other means as determined by the Purchasing Agent.
(e)
The City Manager shall present the recommendation to City Council for award after the time to file a protest has expired or after a final determination on a protest has been made in accordance with Section 2.24.260.
(f)
The City Council may reject any and all bids or proposals received
whenever, in the opinion of the City Council:
(1)
The bid(s) or proposal(s) received do not comply with the specifications
of the notice inviting bids or request for proposals;
(2)
The proposed project or purchase should be abandoned or delayed;
(3)
The materials or services may be purchased more reasonably on
the open market or the work done less expensively by City personnel;
(4)
The bids or proposals are higher than anticipated and a new
solicitation would result in savings to the City; or
(5)
The best interests of the City would be served by a rejection
of any or all bids or proposals.
(g)
As-Needed Services Agreements for Public Works Projects. Notwithstanding any other provision in this Chapter, the City may,
in its discretion and when deemed to be in the best interest of the
City, obtain construction, maintenance, or repair services pursuant
to as-needed services agreements in accordance with the following
terms and procedures:
(1)
The City shall solicit, review and evaluate the qualifications
of prospective contractors for as-needed services agreements in accordance
with rules and regulations established by the Director of Public Works;
(2)
The Director of Public Works shall pre-qualify contractors for
as-needed service agreements;
(3)
The City Council may award as-needed services agreements to
prequalified contractors, in amounts not to exceed five million dollars
and with terms of no more than five years;
(4)
When the need arises for the performance of specific tasks within the scope of as-needed service agreements, the Director of Public Works shall seek bids from at least three prequalified contractors and, using the evaluation criteria set forth under Section 2.24.180, issue a task order to the best bidder in an amount not to exceed one million dollars for a specifically defined scope of work;
(5)
The thresholds for as-needed services agreements and task orders listed in subsections (3) and (4) shall be subject to increase annually based on changes to the construction cost index. "Construction cost index" means the construction cost index published by the California Department of General Services. When calculating the increases, City shall use the current construction cost index, as well as a construction cost base index. The construction cost base index shall be the construction cost index in effect for July 2018. The increased thresholds shall be approved by Council at award of the as-needed services agreement;
(6)
If the Director of Public Works seeks but is unable to obtain
three bids, the Director may issue a task order to the best bidder
of the bids submitted;
(7)
The Director of Public Works may reject any and all bids received
in accordance with the standards set forth in subsection (f), above;
(8)
Prequalified contractors performing task orders under as-needed
services agreements shall file payment and performance bonds in conjunction
with each task order awarded as required by the Director or applicable
law; and
(9)
The Director of Public Works shall submit a report to the City
Council on an annual basis containing information about the implementation
of this subsection, including a listing of task orders issued pursuant
to this subsection.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19; Amended by Ord. No. 2763CCS, adopted 11/14/2023)
(a)
Declaration of Intent to Sell Real Property. The City Council
may, by resolution, declare its intent to sell City-owned real property.
Such a resolution shall authorize the City Manager to sell the property.
The resolution shall contain the following:
(1)
The reason for sale of the property;
(2)
A description of the property to be sold;
(3)
A finding that the property is no longer needed for the purpose acquired;
(4)
A finding that the property or title thereto is not needed for any
other public purpose; and
(5)
Designation of the competitive sales process to be used for sale
of the property.
(b)
Notice of Public Sale. Sale shall only be made after advertising
of notice in a newspaper of general circulation in the City of Santa
Monica on at least two occasions, the first of which shall be at least
ten days before the time at which bids or proposals are due.
(c)
Requirements for Sale by Bids or Auction. On any occasion on which the City Council directs the sale of City-owned real property by bids or auction, after providing notice as required by subsection (b), bids shall be accepted until the time specified in the notice of public sale. The City Manager or designee shall then tabulate all bids received and present them to the City Council. The City Council shall award the sale to the highest and best bidder. The City Council may reject any and all bids presented and may re-advertise in its discretion.
(d)
Requirements for Sale by Competitive Proposals or Negotiation. On any occasion on which the City Council directs the sale of City-owned property by a call for competitive proposals and negotiation, after providing notice as required by subsection (b), proposals shall be accepted until the time specified in the notice of public sale. The City Manager or designee shall then review all proposals and may negotiate with any party that submits a proposal in order to increase the final sales price, to reduce proposal contingencies, and to ensure sufficient financial resources to complete the sale. The City Council shall award the sale to the best proposer. The City Council may reject any and all proposals and may re-advertise in its discretion.
(e)
Requirement for Sale by Competitive Proposals and Negotiation. On any occasion on which City Council directs the sale of City-owned
property through the use of a duly licensed real estate broker, the
broker shall be selected in accordance with the City's policies for
hiring consultants and applicable state and local laws pertaining
to conflicts of interest, and the broker must comply with notice of
public sale requirements. The broker shall advertise the property
for sale, accept offers for the property, and negotiate with potential
buyers in order to increase the final sales price, to reduce proposal
contingencies, and to ensure sufficient financial resources to complete
the sale. The City Council shall award the sale to the best proposer
by at least five affirmative votes. The City Council may reject any
and all offers and re-advertise in its discretion.
(f)
Approval of Final Sale. City-owned property shall be sold
in accordance with this Section. No real property shall be sold except
by resolution of the City Council.
(g)
Sale without Publication. Sales of real property may be made
without advertising if the City Council, by a resolution adopted by
at least five affirmative votes, determines that to advertise would
cause unnecessary expense and delay or would not be in the best interest
of the City. If Council so determines, it may authorize property to
be sold by direct negotiation, exchange, sale to an adjacent property
owner, conveyance to government bodies, public utilities or nonprofit
organizations, or other appropriate method, as authorized in the resolution
of intent to sell City-owned property.
(h)
Approval of Final Sale. City-owned property shall be sold
in accordance with this Section. No real property shall be sold except
by resolution passed by an affirmative vote of five members of the
City Council.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
(a)
In the event of an emergency, the City Manager, the Emergency Services Manager, the Purchasing Agent or their one of their designees pursuant to subsection (b) below is authorized to:
(1)
Shorten or waive all required notice periods and competitive solicitation
procedures set forth in this Chapter;
(2)
Secure in the open market at the best reasonable price, contracts
for public works projects, goods and services;
(3)
Negotiate or execute such contracts, agreements, applications or
other documents with such other federal, state or local agencies or
other groups and organizations as are necessary to provide or obtain
emergency aid, assistance or services to the City of Santa Monica;
and
(4)
Contract for the immediate expenditure of public funds to safeguard
life, health or property.
(b)
The
City Manager, the Emergency Services Manager, or the Purchasing Agent
may delegate authority to make purchases and awards under this Section.
All such delegations shall be in writing and dated and shall specify
the limits of the authority delegated, including, without limitation,
the type of purchase, dollar amount, and the terms of any contracts
that will be executed under the delegation. All such delegations of
authority shall be kept on file by the Purchasing Agent.
(c)
Within
thirty days after any purchase or contract is made pursuant to this
Section, the City Manager shall submit in writing to the City Council
a full explanation of the emergency circumstances under which the
purchase or contract was made. This writing shall be open to public
inspection and, to the extent possible, presented as part of a regular
meeting of the City Council.
(d)
For
purposes of this section, an emergency shall include:
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
The competitive selection processes set forth in this Chapter
do not apply when:
(a)
Funds
are expended to secure membership or participation in professional
organizations, meetings, or conventions;
(b)
Competition
does not reasonably exist because only one vendor possesses the unique
ability or capability to meet the particular requirements of the solicitation,
such as when a good or service is copyrighted, patented or otherwise
only available form one license holder, including, for example, proprietary
goods of original equipment manufacturers and/or their authorized
exclusive distributors;
(c)
Competitive
procedures were followed by a governmental agency, including a federal,
state, county, city, joint powers agency, special district, or cooperative
purchasing agency consisting of one or more such agencies, that are
equivalent to the procedures set forth in this Chapter, and the goods
or services are supplied to the City at the same or better price as
the price obtained by that agency;
(d)
The
items to be purchased are for resale to the public, such as, but not
limited to, cemetery services or products;
(e)
The
items to be purchased are circulating library materials, including
books, periodicals, films and recordings;
(f)
Special
conditions attach to a grant, donation, gift or other legal document
that require the use of particular goods and/or services; or
(g)
The
individual or entity with authority to make a purchase or award determines
and documents in writing in accordance with procedures set forth in
administrative regulations that the time necessary to use the competitive
solicitation processes set forth in this Chapter, due to circumstances
outside of the control of the City, would result in a substantial
economic loss to the City, substantially compromise a legal position,
or substantially interfere with a required City operation; or
(h)
A contract is entered pursuant to procedures adopted by the City Attorney to secure legal services, including, but not limited to, services provided by outside legal counsel, investigators, consultants or experts in conjunction with a claim against the City, pending or anticipated litigation, or an administrative or legal proceeding, except that such procedures shall, where possible, ensure that professional services agreements entered by the City Attorney are subject to a selection process that is consistent with the criteria set forth in Section 2.24.190; or
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
Any bidder or proposer may protest an award recommendation pursuant
to the competitive bidding requirements of this Chapter.
(a)
Protests shall be filed in writing within seven consecutive calendar days following notice of the recommended award, or prequalification for the case of Master Services Agreements subject to Section 2.24.220(g).
(b)
Protests
must include the name, address and telephone number of the protestor
and/or the person representing the protesting party. The written protest
must set forth, in detail, all grounds for the protest, including,
without limitation, all facts, supporting documentation, legal authorities,
and arguments in support of the grounds for the protest. All factual
contentions must be supported by evidence. Any matters not set forth
in the written protest will be deemed waived. Any protest not conforming
to the requirements of this Section may be rejected as invalid.
(c)
Protests
may be sustained or denied. When a protest is sustained, the awarding
authority may, based on the evidence presented:
(d)
Once
a protest has been filed, no solicitation shall be awarded until a
final determination on the protest has been issued.
(e)
The City Manager, or designee, shall review and decide all protests relating to solicitations made pursuant to the informal solicitation procedures set forth in Section 2.24.210 and formal solicitation procedures set forth in Section 2.24.220. The City Manager, or designee, shall issue a written determination stating the reasons for sustaining or denying the protest within ten days of receiving the protest. This written determination shall constitute the City's final decision on the protest.
(Added by Ord. No. 2608CCS §
1, adopted 4/23/19)
