A. 
Prior to contracting for goods and services, the department head or their designee for the initiating department shall:
1. 
Be responsible for conducting solicitations for needed goods or services, except as otherwise specified by the City Manager or Administrative Services Director or as specified in the administrative regulations;
2. 
Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department's procurement file;
3. 
Ensure solicitation is conducted in strict accordance with the procedures established in this article, Solicitation Procedures, and the administrative regulations;
4. 
Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;
5. 
Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director;
6. 
If submitted bids or proposals exceed the compensation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and
7. 
Ensuring procurements are not split or separated into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.
B. 
No consultant, contractor, or vendor who assisted the city's decision to identify the goods or services to be procured, and no consultant, contractor, or vendor who assisted the city with the preparation of the solicitation, shall submit a bid, proposal, or quotation for the goods or services to be procured.
C. 
All potential consultants, contractors, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director. Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.
D. 
The solicitation procedures in this article shall be followed for contracts for goods and services, and the solicitation procedures in Article V of this chapter shall be followed for public works contracts for public projects.
(Ord. 2159 § 3 (Exh. A), 2024)
A solicitation process is not required for city contracts to procure goods and services that have compensation amounts that do not exceed $10,000. These contracts may be negotiated in the open market as specified in the administrative regulations and awarded by the person or body with the appropriate approval authority. However, nothing shall preclude city staff members from conducting price comparisons, utilizing the informal procedures, or the competitive bidding procedures based upon the city's needs and circumstances to ensure the best overall value is obtained.
(Ord. 2159 § 3 (Exh. A), 2024)
An informal solicitation process is required for city contracts to procure goods and general services that have a compensation amount greater than $10,000 and that do not exceed $100,000. The informal solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
A. 
Notice Inviting Quotations. The department representative shall invite quotations by written request (including facsimile or electronic mail) or telephone to prospective vendors. The administrative regulations may allow for the use of catalogs to obtain price quotes for the purposes of this subsection.
B. 
Quotations. Written quotations shall be submitted to the department representative, who shall keep a record of all open market quotes for a period of one year after the submission of quotes. This record is open to public inspection. All quotations must be in writing.
C. 
Minimum Number of Quotations. The award of contracts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations.
D. 
No Responsive Quotations. If no quotations, or no responsive quotations, are received after informal solicitation, the Administrative Services Director or City Manager may proceed to negotiate the contract for the goods and services in the open market using the process set forth in LMC § 2.68.310.
E. 
Basis for Award. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the Administrative Services Director or their designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be included in the solicitation document, if one is used, or otherwise communicated in writing to prospective bidders in the same manner as the solicitation.
F. 
Award of Contract and Appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the city as set forth in LMC § 2.68.210 based upon the contract's compensation amount; provided, that the City Council has budgeted funds for the contract.
G. 
Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a city contract, in such amount as is reasonably necessary to protect the best interests of the city. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
A competitive bidding process is required for city contracts to procure goods and general services with compensation amounts greater than $100,000. The competitive solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
1. 
Notice Inviting Bids. The notice inviting bids shall include a description of the goods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. 
Published Notice. The notice inviting bids shall be published at least 10 business days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published locally. In addition, notice inviting bids may also be published electronically.
b. 
Bidder's List. The Administrative Services Director may require a bidder's list for competitive bidding, which requirements shall be specified in the administrative regulations for this chapter. If a bidder's list is required, then the notice inviting bids shall also solicit sealed bids from responsible prospective consultants, contractors, or vendors whose names are on the bidder's list.
2. 
Bidder's Security. When deemed necessary, the Administrative Services Director shall require bidder security as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the city's republishing of a notice inviting bids; provided, that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the city is responsible for the delay.
3. 
Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
4. 
Rejection of Bids. If it is determined to be in the best interest of the city, the City Manager or City Council may reject any and all bids presented. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.
5. 
No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to negotiate a contract for the goods and services in the open market using the process set forth in LMC § 2.68.310.
6. 
Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC § 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.
7. 
Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the city. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the bond must be approved as to form by the City Attorney.
B. 
The person or body with the appropriate approval authority to award and sign the contract for the city may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage over any other bidder.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
Contracts for professional services shall be solicited for award on the basis of demonstrated competence and the qualifications necessary for the satisfactory performance of the services, as determined by a consideration of the following criteria:
1. 
A compensation amount that is fair, reasonable, and competitive;
2. 
The quality of the services offered;
3. 
The consultant's ability, capacity, and skill to provide the services promptly, within the time specified, within budget, and without delay or interference;
4. 
The credentials and licenses of the person or business, if required;
5. 
The consultant's character, integrity, reputation, judgment, training, experience, and efficiency;
6. 
The consultant's knowledge of local conditions;
7. 
The consultant's previous history of working on related projects or issues for the city, where such previous experience will allow the services to be performed more efficiently and will require less time spent on preparation and background research;
8. 
The sufficiency of the consultant's financial capacity and other resources; and
9. 
The consultant's ability to provide such future service as may be needed.
B. 
Contracts for qualified professional services shall be solicited for award using either the informal solicitation process set forth in LMC § 2.68.320 or the competitive bidding process set forth in LMC § 2.68.330 based upon the compensation amount in the contract, and as required by applicable state and federal law; best value solicitations for architectural and engineering (A&E) services shall use a qualifications based selection (QBS) process where qualified professional service providers are evaluated and ranked based on demonstrated competence before compensation is considered.
C. 
The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the professional services contract or qualified professional services contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC § 2.68.210 is required before the contract can be awarded.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
Competitive negotiation for city purchase contracts may be used in situations where goods and/or services cannot be exactly defined/specified or where solutions are sought such as consulting studies or software systems that require a qualitative evaluation process.
B. 
The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:
1. 
Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify the criteria upon which the offerors' proposals will be evaluated, including price or cost as applicable, and the relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.
2. 
Receipt of Proposals. Sealed proposals must be submitted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.
3. 
Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include: evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a ranked order of proposals.
4. 
Negotiation. The most qualified and responsive offeror will be selected for contract negotiation. If agreement cannot be reached with the first choice offeror, the second choice offeror (and then the third, and so on) will be contacted, with the first choice offeror (or other offerors, in order) dismissed from further consideration for that particular contract. All elements of the negotiation process shall be documented by the negotiating department and submitted to the Administrative Services Director. Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals as necessary to meet the city's requirements.
5. 
Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC § 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.
(Ord. 2159 § 3 (Exh. A), 2024; Ord. 2168 § 3(D), 2024)
A. 
Certain contracts for goods and services may not be adapted to award by either informal or competitive solicitation, but they may only be excepted or exempted from those processes as prescribed in this subsection.
B. 
Contracts for the following are exempted from the informal solicitation and competitive purchase processes:
1. 
Emergency procurements awarded as set forth in LMC § 2.68.400 and § 2.68.410;
2. 
Bonds;
3. 
Insurance;
4. 
Legal services;
5. 
Membership dues, conventions, training, and travel arrangements; and
6. 
Advertisements in magazines, newspapers, or other media.
C. 
Contracts for the following are examples of that are eligible for an exception to forgo an informal solicitation or competitive purchase processes with the Administrative Services Director's approval as set forth in subsection D of this section:
1. 
Sole source procurements that can only be obtained from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;
2. 
Single source procurements that may be available from more than one source, but there is a compelling and justifiable reason, such as product standardization, to procure the required goods or services from a particular consultant, contractor, or vendor;
3. 
Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC § 2.68.370;
4. 
Equipment that must be compatible with existing equipment
5. 
Lobbying services;
6. 
Procurements funded by grants, donations or gifts when associated special conditions require the purchase of particular goods and/or services;
7. 
Works of art, entertainment, or performance;
8. 
Surplus personal property owned by another governmental, public, or quasi-public entity; and
9. 
Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the City Manager may proceed to have the services performed or the goods procured without further competitive bidding.
D. 
Exceptions, but not exemptions, from the informal solicitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:
1. 
The person initiating the procurement must prepare a written justification to the Administrative Services Director or their designee to request an exception that sets forth the compelling reasons to justify the request and describe the due diligence and research performed that support an exception determination; and
2. 
The Administrative Services Director or their designee may, in their discretion, approve a request for exception upon finding that there is no competitive advantage to be gained from soliciting bids. The administrative regulations shall specify the factors that the Administrative Services Director or their designee must consider when exercising the discretion authorized in this section.
E. 
The person responsible for conducting a procurement for an exempt contract or a contract approved for exception by the Administrative Services Director pursuant to this section shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.
F. 
Notwithstanding the exemptions and exceptions in this section, nothing shall preclude informal solicitation or competitive bidding when determined to be in the best interest of the city or when required by law.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
The Administrative Services Director or their designee may initiate city contracts for goods and services without conducting an informal solicitation or competitive bidding when the procurement is based on the following cooperative purchasing arrangements or programs:
1. 
The California Multiple Award Schedules (CMAS) and Federal General Services Administration (GSA) contracts.
2. 
Where a consultant, contractor, or vendor was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the city would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the city's purchase.
3. 
Any other public, nonprofit or for-profit cooperative purchasing programs or consortiums, provided:
a. 
The Administrative Services Director or their designee approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the city's;
b. 
The city is a registered member of the cooperative; and
c. 
A membership fee is not required.
B. 
In all such cases, the goods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that:
1. 
Up to 10 percent variation is allowed for ensuring the required goods or services meet city requirements;
2. 
A cost of living adjustment (using San Francisco-Oakland-San Jose Consumer Price Index – Urban, All Items) can be included for the contract duration if approved by the appropriate contract award authority; and
3. 
Any contract extensions beyond the initially awarded term are approved by the appropriate award authority.
C. 
The city contract for goods and services solicited through a cooperative purchasing arrangement or program shall:
1. 
Adhere to the general procedural requirements in LMC § 2.68.120 to the greatest extent possible, and shall include language to ensure the city receives the rights and benefits conferred upon the initial awarding agency; and
2. 
Be awarded and signed by the body or person with the appropriate approval authority.
(Ord. 2159 § 3 (Exh. A), 2024)