When a procurement is subject to federal procurement requirements,
the city's procurement procedures must be followed. In addition, the
city must follow the provisions of this chapter. In the event of a
conflict, this chapter and the requirements specified in 2 CFR 200.318
through 200.326, as amended from time to time, will prevail.
(Ord. 808 § 2, 2019)
Consideration will be given to the most economical approach
for purchases, including, but not limited to, the following options:
A. Consolidating
or breaking out purchases;
B. Lease
versus purchase options;
C. State
and local intergovernmental or inter-entity agreements for procurement
or use of common or shared goods or services;
D. Use
of federal excess and surplus property in lieu of purchasing new equipment
and property;
E. Use
of value engineering clauses in contracts for construction projects;
F. Avoidance
of duplicative or unnecessary purchases; and
G. Any
other appropriate analysis.
(Ord. 808 § 2, 2019)
The city will maintain records sufficient to detail the history
of procurement. These records will include, but are not necessarily
limited to, the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and
the basis for the contract price.
(Ord. 808 § 2, 2019)
No geographical preference is permitted in any procurement that
uses federal funds, except in those cases where applicable federal
statutes expressly mandate or encourage geographic preference. When
contracting for architectural and engineering services, geographic
location may be a selection criterion provided its application leaves
an appropriate number of qualified firms, given the nature and size
of the project, to compete for the contract.
(Ord. 808 § 2, 2019)
All city procurements utilizing federal funds must comply with
the following provisions:
A. Solicitations
must incorporate a clear and accurate description of the technical
requirements for the material, product, or service to be procured.
Such description may not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement
of the qualitative nature of the material, product, or service to
be procured and, when necessary, must set forth those minimum essential
characteristics and standards to which it must conform if it is to
satisfy its intended use. Detailed product specifications will be
avoided if possible. When it is impractical or uneconomical to make
a clear and accurate description of the technical requirements, a
"brand name or equivalent" description may be used. The specific features
of the named brand which must be met must be clearly stated.
B. Solicitations
must identify all requirements which the bidders must fulfill and
all other factors to be used in evaluating bids or proposals.
C. The
city must ensure that all prequalified lists of persons, firms, or
products are current and include enough qualified sources to ensure
maximum open and free competition.
D. The
city must not preclude potential bidders from qualifying during the
solicitation period.
(Ord. 808 § 2, 2019)
The city must take all necessary affirmative steps to assure
that minority businesses, women's business enterprises, and labor
surplus area firms are used when possible. Affirmative steps include:
A. Placing
qualified small and minority businesses and women's business enterprises
on solicitation lists;
B. Assuring
that small and minority businesses and women's business enterprises
are solicited whenever they are potential sources;
C. Dividing
total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses and women's business enterprises;
D. Establishing
delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses and women's business
enterprises;
E. Using
the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce; and
F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections
A through
E of this section.
(Ord. 808 § 2, 2019)
Each contract that the city enters into as a result of a procurement
subject to this chapter, must contain all applicable provisions described
in Appendix II to Part 200-Contract Provisions for non-Federal Entity
Contracts Under Federal Awards.
(Ord. 808 § 2, 2019)
No employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by a federal award
if he or she has a real or apparent conflict of interest. Such a conflict
of interest would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the parties indicated herein,
has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. The officers, employees, and
agents of the city may neither solicit nor accept gratuities, favors,
or anything of monetary value from contractors or parties to subcontracts.
There is no real or apparent conflict of interest if the financial
interest was not substantial or the gift was an unsolicited item of
nominal value. When determining whether a financial interest is "not
substantial" or if an unsolicited item is of "nominal value," the
materiality standards set forth in the
California Code of Regulations
(2
CCR Section 18700, et seq.) pursuant to the California Political
Reform Act (
Government Code Section 81000, et seq.) shall govern.
(Ord. 808 § 2, 2019)