Chapter 3.25


3.25.010    System adopted.

3.25.020    Centralized purchasing department.

3.25.030    Purchasing officer.

3.25.040    Exemptions from centralized purchasing.

3.25.050    Estimates of requirements.

3.25.060    Requisitions.

3.25.070    Bidding.

3.25.080    Purchasing orders.

3.25.090    Encumbrance of funds.

3.25.100    Formal contract procedure.

3.25.110    Open market procedure.

3.25.120    Inspection and testing.

3.25.130    Surplus supplies and equipment.

3.25.010 System adopted.

In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted. [Ord. 312 § 1, 1997]

3.25.020 Centralized purchasing department.

There is hereby created a centralized purchasing department in which is vested authority for the purchase of supplies and equipment. [Ord. 312 § 2, 1997]

3.25.030 Purchasing officer.

There is hereby created the position of purchasing officer. He/she shall be appointed by the city council of the city of Biggs. The purchasing officer shall be the head and have general supervision of the purchasing department. The duties of purchasing officer may be combined with those of any other office or position. The purchasing officer shall have the authority to:

(1) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operations of the purchasing department and such other rules and regulations as shall be prescribed by the city council of the city of Biggs;

(2) Negotiate and recommend execution of contracts for the purchase of supplies and equipment;

(3) Act to procure for the city the needed quality in supplies and equipment at least expense to the city;

(4) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

(5) Prepare and recommend to the city council rules governing the purchase of supplies and equipment for the city;

(6) Prepare and recommend to the city council revisions and amendments to the purchasing rules;

(7) Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

(8) Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations;

(9) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications;

(10) Recommend the transfer of surplus or unused supplies and equipment between departments as needed;

(11) Maintain a bidders’ list, vendors’ catalog file and records needed for the efficient operation of the purchasing department. [Ord. 312 § 3, 1997]

3.25.040 Exemptions from centralized purchasing.

The purchasing officer, with approval of the city council, may authorize, in writing, any agency to purchase specified supplies and equipment independently of the purchasing department, but he/she shall require that such purchases shall be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases made under such written authorization. [Ord. 312 § 4, 1997]

3.25.050 Estimates of requirements.

All using agencies shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the purchasing officer shall prescribe. [Ord. 312 § 5, 1997]

3.25.060 Requisitions.

Using agencies shall submit requests for supplies and equipment to the purchasing officer by standard requisition forms, or by other means as may be established by the purchasing rules and regulations. [Ord. 312 § 6, 1997]

3.25.070 Bidding.

Purchases of supplies and equipment shall be by bid procedures pursuant to BMC 3.25.100 and 3.25.110. Bidding may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, or when amount involved is less than $5,000, or when the commodity can be obtained from only one vendor, or when the item to be purchased is purchased surplus from another public agency, or for used equipment not readily available on the general used equipment market. [Ord. 312 § 7, 1997]

3.25.080 Purchasing orders.

Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall by issued unless the prior approval of the purchasing officer or his/her designated representative has been obtained. [Ord. 312 § 8, 1997]

3.25.090 Encumbrance of funds.

Except in cases of purchases of supplies of less than $2,000, emergency, or where specific authority has been first obtained from the city council, the purchasing officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Purchases of supplies of $2,000 or less shall be itemized for the city council as set forth in BMC 3.25.110(4). [Ord. 312 § 9, 1997]

3.25.100 Formal contract procedure.

Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than $5,000 shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed.

(1) Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

(a) Published Notice. Notices inviting bids shall be published at least 10 days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.

(b) Bidders’ List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list or who have made written request that their names be added thereto, or persons suspected to be interested in bidding known to the purchasing officer.

(c) Bulletin Board. The purchasing officer shall also advertise pending purchases by a notice posted on a public bulletin board at the City Hall.

(2) Bidder’s Security. When deemed necessary by the purchasing officer, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his/her bid security upon his/her refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

(3) Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified on the envelope as a “sealed bid,” with the “item” and “date of opening,” set forth thereon. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be available 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. In its discretion, the city council may reject any and all bids presented and re-advertise for bids pursuant to the procedure herein above prescribed.

(5) Award of Contracts. Except as otherwise provided herein, contracts shall be awarded by the city council to the lowest responsible bidder. However, the city may award the contract to other bidders than the lowest responsible bidders if the city deems such award to be in the best interest of the city, giving due consideration to such items, but not limited to such items, as time of delivery, convenience of service, and maintenance.

(6) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council may, in its discretion, accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.

(7) Performance Bonds. The city council shall have the authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the bid documents. [Ord. 312 § 10, 1997]

3.25.110 Open market procedure.

Purchases of supplies and equipment of an estimated value in the amount of $5,000 or less may be made by the purchasing officer in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in BMC 3.25.100:

(1) Minimum Number of Bids. Open market purchases shall, in the discretion of the purchasing officer, be based on at least three bids. However, the obtaining of three informal bids shall only apply on purchases in excess of $2,000 and even then the failure of three parties to bid shall not render the purchase voidable.

(2) Notice Inviting Bids. The purchasing officer shall solicit bids by written requests to prospective vendors, by telephone, and by public notice posted on a public bulletin board at the City Hall.

(3) Written Bids. Sealed written bids shall be submitted to the purchasing officer who shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection.

(4) A detailed accounting of all purchases of $2,000 or less shall be provided to the city council by way of itemized listing set forth on the agenda for the next regular meeting following the purchase. [Ord. 312 § 11, 1997]

3.25.120 Inspection and testing.

The purchasing officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. [Ord. 312 § 12, 1997]

3.25.130 Surplus supplies and equipment.

All using agencies shall submit to the purchasing officer, at such times and in such forms as he/she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use. [Ord. 312 § 13, 1997]