Chapter 7.40
ACQUISITION OF REAL PROPERTY, SERVICES, SUPPLIES, EQUIPMENT, AND PUBLIC WORKS BIDDING REQUIREMENTS
Sections:
7.40.020 Real property acquisition procedures.
7.40.030 Relocation assistance.
7.40.040 Information concerning real property.
7.40.060 Purchasing Agent authority.
7.40.070 Board of Directors authority.
7.40.080 Competitive procurement thresholds.
7.40.090 Emergency purchasing.
7.40.100 Bid splitting prohibition.
7.40.010 Purpose.
The purpose of this chapter is to comply with the provisions of California Government Code Sections 7267, 7267.8, 54202, and 65402. This chapter also establishes the authorities of the Board of Directors and General Manager for the procurement and purchase of required goods, services and public works construction. [Ord. 347, 2020.]
7.40.020 Real property acquisition procedures.
The acquisition of real property by the District shall be conducted in accordance with the provisions of Sections 7267.1 through 7267.7 (a portion of Chapter 16 of Division 7 of Title 1) of the California Government Code. [Ord. 347, 2020.]
7.40.030 Relocation assistance.
Relocation assistance and payments under the provisions of Sections 7260 through 7266 (a portion of Chapter 16 of Division 7 of Title 1) of the California Government Code shall be administered and implemented in conformity with the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development. [Ord. 347, 2020.]
7.40.040 Information concerning real property.
Prior to the acquisition or disposition of real property, the District shall submit, to the county or city having planning jurisdiction, the location, purpose and extent thereof as required by Section 65402 of the California Government Code. [Ord. 347, 2020.]
7.40.050 Purchasing Agent.
The General Manager is designated as the Purchasing Agent for the District. [Ord. 347, 2020.]
7.40.060 Purchasing Agent authority.
The Purchasing Agent shall:
A. Establish and periodically update written guidelines necessary to implement the requirements of this chapter and establish procurement guidelines that include procedures, codes of conduct, and standards not enumerated herein.
B. Establish and periodically update written guidelines in conformance with the California Uniform Construction Cost Accounting Act, as may be necessary.
C. Purchase or contract for supplies, services and equipment required by the District.
D. Ensure that purchases involving federal grant funding/assistance are conducted in accordance with applicable laws and regulations, with appropriate procedures incorporated in the purchasing guidelines.
E. Negotiate, execute, and adjust purchase contracts up to a total contract value of $175,000, including the authority to:
1. Delegate purchasing authorities and procurement requirements within the $175,000 threshold;
2. Determine which bid of two or more tied bids shall be accepted by the District;
3. Reject any or all bids received in conjunction with a competitive procurement, consistent with procedures and guidelines adopted per this chapter;
4. Require and determine the amount of bid bonds where appropriate;
5. Determine whether to waive minor irregularities in bids and proposals, consistent with procedures and guidelines adopted per this chapter;
6. Determine whether to accept or reject bid protests, consistent with procedures and guidelines adopted per this chapter; and
7. Consent to the substitution of a subcontractor pursuant to the conditions and procedures set forth in Section 4107.5 of the California Public Contract Code.
F. Approve or delegate the authority to approve competitive procurement exemption requests including:
1. Sole source purchases that may only be obtained from one source because of their proprietary nature, specialized skills required, compatibility requirements, or other unique characteristics;
2. Single source purchases where the good or service may be available from more than one source but there is a compelling reason to select one vendor, such as specialized skills, acknowledged expertise or authority in a field, extensive knowledge obtained from successfully completing earlier phases of a project, or similar determination as documented;
3. Cooperative purchases where the competitive procurement process has already occurred through the federal, state, or regional agreement.
All competitive exemption requests shall be approved in writing and shall justify with particularity why the exemption is in the best interest of the District.
G. Make adjustments to Board-approved contracts up to a cumulative $175,000 unless additional authority is delegated in an approving Board resolution.
H. Extend the timeframe of a Board-approved contract up to one year in order to complete a procurement process of purchase. [Ord. 347, 2020.]
7.40.070 Board of Directors authority.
The Board of Directors must approve all purchase contracts over $175,000, inclusive of adjustments, unless otherwise delegated by an ordinance or resolution approved by the Board. [Ord. 347, 2020.]
7.40.080 Competitive procurement thresholds.
A. A competitive solicitation process shall be used for the following purchase types and dollar thresholds:
1. Goods and technical services over $45,000;
2. Public works contracts over $60,000;
3. Professional services over $175,000.
B. Purchases approved under DSRSDC 7.40.060(F) are not subject to competitive procurement as described therein.
C. Purchasing standards for purchases below the thresholds listed in subsection (A) of this section shall be established by the Purchasing Agent in the purchasing guidelines.
D. Purchases of goods or services obtained through agreements with other governmental agencies (including wholesale water purchases and retiree obligations), or for trials or testing purposes are not subject to competitive procurement.
E. Purchases of utility services, insurance, permits, membership costs, travel, conferences, professional development, certification, and tuition reimbursements, advertisements, newspapers, trade journals, and similar purchases are not subject to competitive procurement. [Ord. 347, 2020.]
7.40.090 Emergency purchasing.
Under an emergency proclamation executed by the General Manager pursuant to the Board of Directors Emergency Response Plan Policy, the Purchasing Agent and designees may let contracts for any amount without giving notice for bids for repair or replacement of a public facility, take any directly related and immediate action required by that emergency and procure the necessary equipment, services, and supplies for those purposes in accordance with the provisions of Section 22050 of the California Public Contract Code.
Any emergency action taken by the Purchasing Agent or designees shall be reviewed by the Board of Directors at its next regularly scheduled meeting but in no event later than 14 days after the action. [Ord. 347, 2020.]
7.40.100 Bid splitting prohibition.
Under no circumstances can a purchase be artificially divided into smaller components for the purpose of avoiding the competitive procurement requirements established herein and in associated purchasing or procurement guideline. [Ord. 347, 2020.]
7.40.110 Informal bidding procedures under the California Uniform Public Construction Cost Accounting Act.
A. Informal Bid Procedures. Public projects, as defined by the Act and in accordance with the monetary limits listed in Section 22032 of the California Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032 et seq., of the California Public Contract Code. In accordance with the monetary limits listed in Section 22032 of the California Public Contract Code, some public projects may be performed by the employees of the District by force account, by negotiated contract or by purchase order.
B. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of the California Uniform Construction Cost Accounting Act, not less than 10 calendar days before bids are due, a notice inviting informal bids may be mailed or sent by electronic means to all construction trade journals, as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/division/unit soliciting bids; provided, however, that if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time, place and manner for the submission of bids.
C. Award of Contracts. The General Manager is authorized to award informal contracts pursuant to the respective monetary limits set forth by Section 22032 of the California Public Contract Code and in the policies and procedures developed pursuant to DSRSDC 7.40.060(A).
D. Bids Exceeding Informal Bid Limit. Pursuant to subdivision (d) of Section 22034 of the California Public Contract Code, if all bids are in excess of the informal bid monetary limit as set forth by the Act, as it may be modified from time to time, the Board of Directors may, if it determines that the District’s cost estimate was reasonable, by 4/5 vote award the contract to the lowest responsible bidder submitting a responsive bid.
E. Adjustment of Amounts. Pursuant to the terms of the Act, the maximum dollar amounts authorized therein for informal bidding of public projects are subject to change by the state of California from time to time. When effective, such adjusted monetary limits shall apply to the District’s contracts awarded thereafter without any need to amend this chapter or any of the sections contained therein.
F. Formal Bid Procedures. Public projects anticipated to be more than the monetary limit for informal bidding established pursuant to Section 22032 of the Act shall be let by formal bidding procedures consistent with Section 22037 et seq. of the Act. [Ord. 347, 2020.]