The purchasing agent shall be authorized and is hereby required
to make purchases of personal property for the County, County officers
or departments, and using agencies.
(SCC 594 § 2, 1984)
The purchasing agent is authorized to enter into agreements
by which independent contractors provide services, with or without
the furnishing of material, to the County, County officers or departments,
and using agencies; provided, however, that the amount of any such
contract shall not exceed the amount prescribed by
Government Code
Section 25502.5 or any other applicable statute now existing or hereinafter
enacted.
Any contract which is known at the time of bidding to exceed
pertinent statutory limitations shall be subject to approval by the
Board of Supervisors. Any other contract for such services let by
the purchasing agent shall contain a provision that such contract
terminates upon the date of provision of services or personal property
or incurring of expenses the cumulative total of which equals said
statutorily prescribed amount.
(SCC 594 § 2, 1984; SCC
0865 § 1, 1992)
The purchasing agent shall not, absent prior approval by the
Board of Supervisors, let any contract for the rental or lease of
personal property, or for the acquisition of personal property and/or
services which exceeds a term of five years. No such contract shall
exceed one year unless the purchasing agent finds, and such findings
are recited in the body of the contract, that a term longer than one
year is required in order to promote efficiency and economy, or for
other reasons that a term of one year is otherwise impractical. The
purchasing agent shall have the authority to extend the term of any
authorized contract for no more than an additional six months. If
a contract term is extended pursuant to this section, the purchasing
agent shall have the authority to amend the agreement so as to increase
the maximum compensation, provided that such increase does not exceed
10% of the maximum compensation set forth in the original contract.
The purchasing agent shall annually report all contract extensions
executed pursuant to this section to the Board of Supervisors.
(SCC 594 § 2, 1984; SCC
1545 § 1, 2014; SCC 1677 § 1,
2021)
Except as authorized by Section 2.56.250, all purchases by the
purchasing agent shall be made pursuant to competitive proposals,
and shall be let to the party who makes the best proposal as defined
in Section 2.56.240.
A. The
solicitation of bid proposals by newspaper publication shall not be
required. The purchasing agent shall utilize such processes to advertise
intended purchases as are reasonably calculated to provide adequate
competition among vendors within the County, including, but not limited
to, the direct solicitation of proposals from known vendors.
B. The
purchasing manual may contain procedures under which notice is given
exclusively to prequalified vendors and identify other forms and procedures
for the issuance of notice.
(SCC 594 § 2, 1984)
Awards shall be determined by and be based upon the best proposal,
which in the discretion of the purchasing agent is the proposal which
most adequately meets the needs of the County, officer, department,
or using agency at the lowest price.
A. In
determining the best proposal, in addition to price, the purchasing
agent may consider the quality, availability and functional or other
suitability of the personal property, or contractual services to the
particular use intended. The purchasing agent may also consider other
factors, including, but not limited to, the following: the ability,
capacity and skill of the bidder to perform the contract or provide
the service required; whether the bidder can perform the contract
or provide the service promptly or with the time specified, without
delay or interference; the character, integrity, reputation, judgment,
experience and efficiency of the bidder; the quality of performance
of previous contracts or services; the previous and existing compliance
by the bidder with laws and ordinances relating to the contract or
service; the sufficiency of the financial resources and ability of
the bidder to perform the contract or provide the service; the ability
of the bidder to provide future maintenance and service for the use
of the subject of the contract; the number and scope of conditions
attached to the bid.
B. With
respect to acquisitions of title to personal property or the use of
personal property by rental, lease or otherwise, the best proposal
shall, as to products which equally satisfy intended uses, be the
one submitted by a responsible bidder at the lowest price.
C. When
two or more proposals of the sale, rental, or lease of personal property
are the same, the purchasing agent shall, pursuant to Section 83 of
the Charter, give preference to the lowest responsible bidder within
Sacramento County who offers to supply items raised, grown, manufactured,
fabricated, processed or assembled in Sacramento County, if price,
quality, service and other factors are equal.
D. In
order to encourage and enhance participation by small business enterprises
in the County's contracting activities, a two percent price preference
shall be granted to formally certified micro-business enterprises
as specified in the County of Sacramento's Procurement Opportunities
Program Policy adopted by resolution of the Board of Supervisors and
as amended from time to time.
(SCC 594 § 2, 1984; SCC
0937 § 1, 1993; SCC 1100 § 1,
1997; SCC 1227 § 1, 2002; SCC 1439 § 1, 2009)
Purchases may, but need not be, let pursuant to competitive
proposals under the following circumstances:
A. When
the aggregate or cumulative price to be paid under the purchase contract
is $100,000 or less, unless otherwise required by State law;
B. When
a patented or proprietary item is being purchased; or
C. In
the event of an emergency; or
D. When
the following types of personal property or services are being acquired,
obtained, rented or leased: (1) advertising, (2) books, recordings,
motion picture films, subscriptions, (3) election supplies, (4) insurance,
(5) public utility services, (6) travel services, (7) property or
services provided by or through other governmental agencies, or obtainable
from suppliers which have in force a current contract with another
governmental agency for the same item or service, or (8) property
or services, the price of which is fixed by law; or
E. When
the purchasing agent determines that making of a purchase without
competitive proposals is reasonably necessary for the conduct of County
business.
(SCC 594 § 2, 1984; SCC
1127 § 1, 1999; SCC 1545 § 2,
2014)
It is unlawful, for the purpose of evading the requirements
of this article, to split or separate into smaller units of purchase
any purchase covered by this article.
(SCC 594 § 2, 1984)