HomeMy WebLinkAboutAgenda Report - April 1, 1987 (93)TO THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT
COUNCIL COPJAI IUNICATION
GATE,
March 20, 1987
Report of City Attorney Regarding Bidding Procedure Requirements -
City Attorney
NCD.
The question was asked of this office by the Lodi City Council as to when
said there are two areas which must
the City must go bid. In answering Jnr►
=°
be distinguished. The first is the question of public works contracts by the
local agency, and the second is the purchase of supplies and equipment-
As- to public works contracts, Public Contract Code Section 20160 et seg.
Section 20161.
provides the procedure for bidding on public works contracts-
(copy attached) defines "public project" to include:
"(a) A project for the erection, improvement, painting, or repair of public _
buildings and works.
bas waterfronts, embankments, or other work
(b) ;',.Work in or about streams,. Y >
for protection against overflow.
(c) Street or sewer work except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including-.
maintenance or repair of streets .or mowers."
Public Contract Code Section 20162 (copy attached) p' -Fides that when the',
exceeds five thousand dollLrs ($5,000) , it shall
.
expenditure for a public project
for and let to the la+xst responsible bidder after notice.
be contracted
As to the second area, purchase of supplies and equipment by local agencies,
-Government Code Section 54201 (copy attached) provides that every local agency
includingbidding regulations
shall shall adopt policies and procedures,
purchases of supplies and equipment. Government Code Section 54203
governing
(copy attached) p_ovides that the procedures and policy must be adopted by
ordinance in a manner as provided by law or charter, as the case may be.
Lodi Municipal Code sections attached) provides for a
aes lthat
E'
purchasing system, and further p o al�l•purchases of supplies, services
be by bid procedures
E
and equipment, and the sale of personal property shall
pursuant to 3.20.100 and 3.20.110.
S
Page Two
Honorable rS yor and Council �-nbers
Bidding Procedure Requirements
Bidding shall be dispensed with only when: F:
1) an emergency requires that an order be placed with the nearest available
source of supply, ?4.
2) when the amount involved is less than one hundred dollars, or
u
3) when the c0MCdity can be obtained from only one vendor.
Further, 3.20.110 provides that purchases of supplies, equiprent,
contractual services and sales of personal property of an estimated value in the
amount of five thousand iollars or less may be made by the purchasing officer in
the open market without observing the pros prescribed by Section 3.20.100.
a) Specifically, under the open market procedure, the purchasing
agent must:
1) wherever possible, obtain at least three bids,
2) award the bid to the lowest responsible bidder.
b) The purchasing officer shall solicit bids
1) by written requests to prospective vendors,
2) by telephone, and
3) by public notice posted on a public bulletin board in the City Hall.
c) Sealed written bids shall be suhnitted to the purchasing
officer.
Further, Lod; nzdcioal Code section 3.20.040 (copy attached) permits an
exemption from centralizFcl purchasing, where the purchasing officer, with the
approval of the city council, may authorize in writing any agency to purchase or
contract for specified supplies, services and equiprnnt independently of the
purchasing department; however, this section does require that such purchases or
contracts be mace in conformity with the procedures established by Chapter 3.20,
and shall further require periodic reports from the agency on the purchases and
contracts mace under such written authorization.
Under said IM Sec. 3.20.040, the purchasing office. is permitted to
obtain equipment through the State cooperative purchasing system, where the State
�i
)
rs
Honorable Mayor and Council Numbers
Bidding Procedure Requirements
Page Three
has gone through the bidding process for particular items such as typewriters,
vehicles, or other types of equipment. This is not only pursuant to Lodi
Municipal Code, but also through Government Code Section 54205 (copy attached)
which reads in part:
"Any local agency may request that the State Department of General Services
to make purchases of materials, equipment or supplies on its behalf in
accordance with the provisions of Government CoA Section 14814." (copy
attached)
Re fully submitted,
M. Stein
City Attorney
CAL .AGENCIES
LOCAL. AGENCY PUBLIC CONSTRUCTION § 20161
Div. 2
Pt. 3
Section
20169. Publication of legal notices: bids; contract.
instruction of any
20170. Bids; presentation; bidder's security.
.:.amps or juvenile
20171. Bidder's security; amount.
commencing with
20172. Bidder's security; forfeiture.
deposit.
the Welfare and
2017:3. Bidder's security;
20174. Refusal or failure to execute contract; award to next bidder; disposition
on work is to be
of original bidder's security.
to such camps,
Article 4 was added by Stats.1982, c. 465, p. 1921, § Il.
aners pursuant to
irojeets involving
Heading of Article 4 was amended by Stats.1984, c. 1128,
)r work training I§
10, to add the teor-d "Cities"
§ 20160. Cities; contracts; application of article
The provisions of this article shall apply to contracts awarded by cities
subject to Title 4 (commencing with Section 34000) of the Government
Code.
(Added by Stats.1982, c. 465, p. 1921, § 11.)
✓ § 20161. Public project defined
As used in this chapter, "public project' means:
(a) A project for the erection, improvement, painting, or repair of
public buildings and works.
spealed; see, now,
wided for resolution (b) Work in or about streams, bays, waterfronts, embankments, or
project may be per- other work for protection against overflow.
tally after a county
for a public project (c) Street or sewer work except maintenance or repair.
rrovisions of Gov.C. Y: (d) Furnishing supplies or materials for any such project, including
now § 20121), which
:dares in counties of maintenance or repair of streets or sewers.
Ops.Atty.Gen. 744, (Added by Stats.1982, c. 465, p. 1921, § 11.)
Historical Note
ffense.
or modifications.
•ntical bids; none
Derivation: Gov.C. former § 37901, add.
ed by Stats.1949, c_ 79, p. 165, § 1, amended
by Stats.1978, c. 491, p. 1624, § 3.
Stats.1883, e. 49, p. 274, § 874; Stats.
1891, c. 59, p. 55. § 1; Stats.1897. c. 87, p.
89, § 1; Stats.1913, c. 27, p. 32. § 1; Stats.
1929, c. 294, p. 598, § 3; Stats.1931, c. 131,
Words and Phrases (Perm. Ed.)
p. 183, § 5; Stats.1933, c. 516, p. 1334, § 27;
Stats.1939, c. 306, p. 1579, § 1; Stats.1941,
c. 741, p. 2259, § 1; Stats.1941, C. 1034, p.
2672, § 1; Stats.1883, c. 49. p. 258, § 777;
Stats.1891, c. 53, p. 54, § 1; Stats.1915, c.
663, p. 1304, § 1; Stats.1941, c. 741, p. 2260,
§ 2; Stats.1941, c. 1634, p. 2673, § 2.
Library References
ttion. s
261
§ 20161
In general 1
Competitive bidding 2
Garbage disposal 3
CONTRACTING BY LOCAL AGENCIES
Div. 2
Notes of Decisions
1. In general
Use of city work forces for extensions of
cit• -owned electrical and water facilities
was a "municipal affair" with respect to
which competitive bidding requiremei.... or.
"public projects" were inapplicable absent
evidence of a statewide impact. Smith v.
City of Riverside (1973) 110 Ca..Rptr. 67, 34
C.A.3d 529.
As generally used in statutes pertaining
to construction of public improvements,
word "street" or "roadway" includes curbs
and gutters. Martin v. Cit of Corning
(1972) 101 Cal.Rptr. 678, 25 C.A.3d 165.
Gov.C. § 37901 (repealed; see, now this
section) and Gov.C. § 37902 (repealed; ace,
now, § 2016Y), as applicable in 1946 and
1947, requiring municipalities to take bids
for construction of facilities including water
and sewer mains were inapplicable to city's
agreement to furnish water and sewer
mains for housing development as it was up
to city to determine in what manner it
would install facilities. Carruth v. City of
Madera (1965) 43 Cal.Rptr. 855, 233 C.A.2d
688.
The lighting of streets by electric arc
lights placed above the in'ersections of
streets was not "street work," within Mun.
Corp. Act, § 777, as amended by Stats.1891,
p. 54, providing that all street work shall be
done by contract let after notice by publics -
tion. Elec. Light & Power Co. v. City of
San Bernardino (1893) 34 P. 819, 100 C. 348.
2. Competitive bidding
State bidding procedures did not preempt
nonconflicting local regulation of contract
letting by home rule charter city with re-
spect to work on city -owned pier; thus,
work did not have to he put to competitive
bidding. Piledrivers' Local Union No. 2375
v. City of Santa Monica (App. 2 Dist.1984)
I98 Cal.Ratr. 731, 151, C.A.3d 509.
City acted in excess of its authority v hen
it permitted its own employees to replace
service lines to water main, at total cost in
excess of $3,5W, without submitting such
"public project" to competitive bidding.
Killeen v. City of San Bruno (1976) 128
Cal.Rptr. 760, 56 C.A.3d 479.
3. Garage disposal
Gov.C. § 37802 (repealed; see, now,
§ 20162) providing that when expenditure
required for a "public project" exceeded
$1,000, it shall be contracted for and let to
lowest responsible bidder after notice, did
not include a contract for disposal of gar-
bage
arbage by city in view of Gov.C. § 37901
(repealed; see, now, this section) defming a
"public project" as a project for erection,
improvement, and repair of public buildings
and works, work in and about streams,
bays, waterfronts, embankments, or other
work for protection against overflow, street
or sewer work except maintenance or re-
pair, and the furnishing of supplies or mate-
rials for any such project. Davis v. City of
Santa Ana (1952) 239 P.20 656, 108 C.A.2d
669.
/ § 20162. Bids; expenditure requiring; notice
t/ When the expenditure required for a public project exceeds five
thousand dollars ($5,000), it shall be contracted for and let to the lowest
responsible bidder after notice.
(Added by Stats.1982, c. 465, p. 1921, § 11.)
Historical Note
Derivation: Gov.C. forn.er § 37902, add. Stats.1883, c. 49, p. 274, § 874; Stats
ed by Stats.1949, c. 79, p. 165, § 1, amended 1891, C. 59, p. 55, § 1; Stats.1897, c. 87, ..
by Stats.1953, c. 395, P. 1654, § 1; Stats. 89, § 1; Stats.1913, c. 27, p. 32, § 1; Stacz.
1959, c. 1024, p. 3047, § 1; Stats.1969, c. 1929, c. 294, P. 598, § 3; Stats.1931, c i31,
594, p. 1226, § 1; Stats.1975, c. 916, p. 2024, p. 183, § 5; Stats. 1933, c. 516, p. 1334, § 27;
§ 1 Stats.19:19, 306, p. 1579, § 1; Stats.1941,
262
LOCAL
Pt. 3
c. 741. p. 2F;
2672, § 1; 2
Stats.1891,
a
bf unicipa.-
ding for pat:
L.R. 210. F
In genera
Lowest re
Public pr
Purpose
Void cost
§ 54201 CITIES, COUNTIES, ETC- Title 5
Article 7
PURCHASES OF SUPPLIES AND EQUIPMENT BY
LOCAL AGENCIES
See.
54201. "Local agency", defined.
54202. Policies and procedures.
54203. Adoption of policies by city or county.
54204. Adoption of policies by other local agencies.
54205. Purchases by department of general services.
Article 7, added as Article 6 by Stats.1957, c. 1912,
P. 3344, § 1, was renumbered Article 7 a?,d amended by Sta+s.
1961, c. 84, p.1086, § 36.
Cross Refen-nces
Resource conservation districts, purchasing policies and procedures, see Public Re-
sources Code J 8957.
V § 54201. "Local agency,„ defined
As used in this article, the term ,local agency" means every city,
county, city and county, district, or any other local governmental
body or corporation empowered to expend public funds for the acqui-
sition of property.
(Added by Stats.1957, c. 1912, p. 3344, § 1.)
Library References
Words and Phrases (Perm.Ed.)
§ 54202. Policies and procedures
Every local agency shall adopt policies and procedures, including
bidding regulations, governing purchases of supplies and equipment
by the local agency. Purchases of supplies and equipment by the lo-
cal agency shall be in accordance with said duly adopted policies and
in accordance with all provisions of law governing same. No policy,
procedure, or regulation shall be adopted which is inconsistent or in
conflict with statute.
(Added by Stats.1957, c. 1912, p. 3344,
Forms
See R'est's California Code Forms, Government.
Library References
Counties 6113, 114. C.T.ti. Counties a$ 175, 177. 873,
'_1lunicipal Corporations C--6, 227. c.i.s. etis icii;al Corporations H
q.
356
Div. 2
i, insurance
Cities, conn-
not required
surance only,
and any such,;
§ 5420-
If thy;
policies Pr,
in the rnar
(Added by
In general
insurance
1. in gene
iVhere
by ordinau
competitiv4
a bid Whit
lona if th i
Yiation is
mination
and if no
§ 54.
H
ty, the
means
ble for t.
0
P.
The
.,state
Title 5 - Div. 2 PURCHASE OF SUPPLIES, ETC. § 544205 i
"WENT BY
:957, c. 1912,
nded by Stats.
lures, see Public Re -
means every city,
,cal governmental
nds for the acqui-
:-edures, including
�s and equipment
ipment by the lo-
)pted policies and
ame. No policy,
neonsistent or in
5, 177.
orporations §§ 973,
Notes of Decisions
i. Insurance
Cities, counties and school districts are
not required by state statutes to huy in-
surance only after competitive bidding.
and any such requiremeut. and procedure
to be followed, must be i,)und in the char-
ter or ordinances of the local body or in
rules and regulations ado,)ted under such
charter and ordinances. 32' Ops.Atty.Geu.
92.
§ 54203. Adoption of policies by city or county
If the local agency is a city, a county, or a city and county, the
policies provided for in Section 54202 shall be adopted by ordinance
in the manner provided by law or by charter, as the case may be.
(!_dded by Stats.1957, c. 1912. p. 3344, § 1.)
Notes of Decisions
in general I
insurance 2
1. In general
Where board of supervisors is required
by ordinance to contract for purchases by
competitive bidding, the board may atreQt
a bid which deviates from bid specsf
tions if the board determines that the de-
viation is inconsequential, and such deter-
mination is subject to review by courts
and if not upheld. vendor would be liable
to county for all compensation received.
47 Ops.Atty.Gen. 129, 4-19-66-
2. Insurance
Cities, counties and school districts are
not required by state statutes to buy in-
surance only after competitive bidding.
and any such requirement, and procedure
to be followed, must be found in the char-
ter or ordinances of the local body or in
rules and regulations adopted under such
charter and ordinances. 38 Ops.At!y.Gen.
92-
§ 54204. Adoption of policies by other local agencies
If the local agency is other than a city, county, or city and coun-
ty, the policies provided for in Section 54202 shall' be adopted by
means of a written rule or regulation, copies of which shall be availa-
ble for public distribution.
(Added by Stats.1957, e. 1912, p. 3344, § 1.)
- j § 542055. Purchases by department of general services
V Any local agency may request the State Department of General
Services to make purchases of materials, equipment, or supplies on its
behalf in accordance with the provisions of Section 14414.
(Added by Stats.1961, c. 2121. p. 4381, § 2. Amended by Stats.1966, c. 159,
P. 1124, § 12; Stats.1965, c. 371, P. 1576, § 216.)
Historical Note
The 1965 amendments substituted for "State Department of F>nance" and
"State Department of General Services" "Section 14814" for "Section 13409".
Cross References
Department of general services. see § 14600 et seq.
357
L
3.16.100
entitled to the exemption. (Ord. 1333 §
3.20.030 Purchasing officer-
1(3)(C)(part), 1984)
Powers.
3.20.040 Exemptions from
3.16.110 Administration by county.
centralized purchasing.
The county recorder shall administer
3.20.050 Estimates of agency
this chapter in conformity with the provi-
requirements.
sions of Part 6.7 of Division 2 of the
3.20.060 Requisitions.
Revenue and Taxation Code and the
3.20.070 Bidding.
provisions of any county ordinance
3.20.080 Purchase orders.
adopted pursuant thereto. (Prior code §
3.20.090 Use of unencumbered
23-32)
funds required.
3.20.100 Formal contract
3.16.120 Refunds.
procedure.
Claims for refund of taxes imposed
3.20.110 Open market procedure.
pursuant to this chapter shall be gov-
3.20.120 Inspection and testing of
erned by the provisions of Chapter 5
purchases.
.k
(commencing with Section 5096) of Part
9 of Division 1 of the Revenue and Taxa-
tion Code of the state. (Prior code
3.20.010 Purpose.
23-33}
In order to establish efficient pro-
cedures for the purchase of supplies,
K
3.16.130 Operative date.
services and equipment, to secure for the
This chapter shall become operative
city supplies, services and equipment at
upon the operative date of any ordinance
the Iowest possible cost commensurate
adopted by the county, pursuant to Part
with quality needed, to exercise positive
6.7 (commencing with Section [ 190t} of
financial control over purchases, to
Division 2 of the Revenue and Taxation
clearly define authority for the purchas-
Code of the state, or upon the effective
ing function and to assure the quality of
date of the ordinance codified in this
purchases, a purchasing system is
j
chapter, whichever is the later. (Prior
adopted. (Prior code § 2-55)
x
f
#;
code § 23-34)
3.20.020 Purchasing officer—
Established.
Chapter 3.20
There is created the position of pur-
chasing officer. He shall be appointed by
PURCHASING SYSTEINI
the city manager. The purchasing officer
shall be the head and have general super -
Sections:
vision of the purchasing department. The
3.20-010 Purpose.
duties of the purchasing officer may be
3.20.020 Purchasing officer—
combined with those of any other office
Established.
or position. (Prior code § 2-56)
49
11
3.20.070 Bidding.
Purchases of supplies, services. equip-
ment and the sate of personal property
shall be by bid procedures pursuant to
Sections 3.20. 100 and 3.20.110. Bidding
shall be dispensed with only when an
emergency requires that an order be
placed with the nearest available source
of supply, when the amount involved is
less than one hundred dollars, or when
the commodity can be obtained from
only one vendor. ( Prior code § 2-61)
3.20.080 Purchase orders.
Purchases of supplies. services and
equipment shall be made only by pur-
chase orders. (Prior code § 2-62)
3.20.090 Use of unencumbered funds
® required. '
Except in cases of emergency, the pur-
chasing officer shall not issue any
purchase order for supplies, services or
equipment unless there exists an unen-
cumbered appropriation in the fund
account against which the purchase is to
be charged. (Prior code § 2-63)
3.20.100 Formal contract procedure.
The advertisement for bids will be con-
ducted as provided for in the
Government Code.
A. Notice inviting Bids. Notice invit-
ing bids shall include a general descrip-
tion of the articles to be purchased or
sold. shall state where bid blanks and
specifications may be secured and the
time and place for opening bids.
I. Published Notice. Notice inviting-
bids
nvitingbids shall be published at least ten dais
before the date of opening of the bids.
Notice shall be published at bast once in
3.20.070
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.
2. 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 requested their names to be
added thereto.
3. Bulletin Board. The purchasing
officer shalt also advertise pending pur-
chases or sales by a notice posted on a
public bulletin board in the City Hall.
B. Bidder's Security. When deemed
necessary by the purchasing officer. bid-
der's
id-
der s security may be prescribed in the
public notice inviting bids. Bidders shall
be entitled to return of bid security; pro-
vided, that a successful bidder shall for-
feit his bid security upon refusal or failure
to execute the contract within ten days
after the notice of award of contract has
been mailed. un: ,s the city is responsible
for the delay. The city council may, on
refusal or failure of the successful bidder
to execute the contract. award it to the
next lowest responsible bidder. There-
after, if the city council awards the con-
tract to the next lowest bidder, the
amount of the lowest bidder's security
shall be applied by the city to the
difirence between the low bid and the
second lowest bid, and the surplus, if any.
shall be returned to the lowest bidder.
C. Bid Opening Procedure. Sealed
bids shall be submitted to the purchasing
officer and shall be identified as bids on
the envelope. Bids shall be opened in
public at the time and place stated in the
3 20.030
3.20.030 Purchasing officer—Powers.
or unused supplies and equipment
The purchasing officer shall have
between departments as needed and the
authority to:
sale of all supplies and equipme..t which
A. Purchase or contract for supplies,
cannot be used by any agency or which
services and equipment required by any
may become unsuitable for city use;
using agency in accordance with pur-
K. Maintain a bidders' list, vendors
chasing procedures prescribed by this
catalog file and records needed fo-- the
chapter, such administrative regulations
efficient operation of the purchasing
as the purchasing officer shall adopt for
department. (Prior code § 2-57)
the internal management and operation
of the purchasing department and such
3.20.040 Exemptions from centralized
other rules and regulations as shall be
purchasing.
prescribed by the city council or city
The purchasing officer. with the
manager,
B. Negotiate and recommend execu-
approval of the city council, may autho-
tion of contracts for the purchase of sup-
nze in writing any agency to purchase or
p::es. services and equipment:
contract for specified supplies, services
C. Act to procure for the city the
and equipment independently ofthepur-
needed quality in supplies, services and
chasing department; but he shall require
equipment at least expense to the city;
that such purchases or contracts be made ;.
D. Discourage uniform bidding and
in conformity with the procedures estab-
endeavor to obtain as full and open com-
lished by this chapter and shall further
petition as possible on all purchases:
require periodic reports from the agency
E. Prepare and recommend to the city
on the purchases and contracts made
council rules governing the purchase of
under such written authokization. (Prior
supplies. services and equipment for the
code § 2-58)
city;
F. Prepare and recommend to the city
3,20.050 Estimates of agency
council revisions and amendments to the
requirements.
purchasing rules:
All using agencies shall file detailed
G. Keep informed ofcurrent develop-
estimates of their requirements in sup-
ments in the field of purchasing, prices,
plies, services and equipment in such
market, conditions and new products:
manner, at such time and for such future
H. Prescribe and maintain such forms
periods as the purchasing officer Are-
as reasonably necessary to the operation
scribes. (Prior code § 2-59)
of this chapter and other rules and regula-
tions:
1. Supervise the inspection of all sup-
3.20.060 Requisitions.
plies. services and equipment purchased
Using agencies shall submit requests
to insure conformance with specifica-
for supplies, services and equipment to
tions:
the purchasing officer by standard recqul-
J. Recommend the transfer of surplus
sition forms. (Prior code § 2-601)
3.20.100
public notices. A tabulation of all bids
received shall be open for public inspec-
tion during regular business hours for a
period of not less than thirty calendar
days after the bid opening.
D. Rejection of Bids. In its discretion,
the city council may reject any and all
bids presented and readvertise for bids.
E. Award of Contracts. Contracts
shall be awarded by the city council to the
lowest responsible bidder except as oth-
erwise provided in this chapter.
F. 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 readvertising forbids,
the city council may accept the one it
chooses or accept the lowest bid made by
negotiation with the tie bidders at the
time of the bid opening.
G. Performance Bond. The city coun-
cil shall have authority to require a per-
formance bond befog,- 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 bidding documents.
(Ord. 1333 § IOXA, D), 1984; prior code
§ 2-64)
3.20.110 Open market procedure.
Purchases of supplies, equipment,
contractual services and sales of personal
property of an estimated value in the
amount of five thousand dollars or less
may be made by the purchasing officer in
the open market without obs�cving the
procedure prescribed by Section
3.20.100:
A. Minimum Number of Bids. Open
market purchases shall, wherever possi-
ble, be based on at least three bids. and
shall be awarded to the lowest responsi-
ble bidder.
B. Notice Inviting Bids. The purchas-
ing officer shall solicit bids by written
requests to prospective vendors. by tele-
phone and by public notice posted on a
public bulletin board in the City Hall.
C. 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 inspec-
tion. (Ord. 1333 § 1(3)(E), 1984; prior
code § 2-65)
3.20.120 Inspection and testing of
purchases.
The purchasing officer shall inspect
supplies and equipment delivered, and
contractual services performed, to deter-.,
mine their conformance with the specifi-
cations set forth in the order or contract.
The purchasing officer shall have author-
ity to require chemical and physical tests
of samples submitted with bids and sam-
ples of deliveries which are necessary to
determine their quality and confor-
mance with specifications. (Prior code §
2-66)
Chapter 3.24
LOST AND UNCLaINMED
PROPERTY
Sections:
3.24.010 Retention for six
months.
52
•
§ 14813 DEPARTMENT OF GENERAL SERVICES Title 2
specifying in detail the ground of the protest and the facts in support
thereof.
(Added by Stats.1965, c. 371, p. 1556, § 179.)
Historical Note
Derivation: Former 1 13407, added by
Stats.I955, c. 1738, p. 3295. 1 8. amended
by Stats.1961, c. 552, p. 1683. 1 1.
Administrative Code References
Dismissal of frivolous or noumeritoriour protests, aee 2 Cal.Adm.Code 872.
Requests for bearing, see 2 CaLAdm.Code 870.
Law Review Commentaries
Due process in public contracts: Pre-
award bearings to determine responsibility
of bidders. (1974) 5 Pacific L.J. 142.
Library Reteseatxs
States 4-98. CJ.s. states If 18o to 187.
§ 14814. Purchases on behalf of local agency; service charge;
rules and regulations
The Department of General Services is authorized to make pur•
chases of materials, equipment, or supplies, other than printed mate-
rial, on behalf of any city. county, city and county, district, or other.
local governmental body or corporation empowered to expend public
funds for the acquisition of property, upon written request of such 10 -
cal agency; provided that such purchases can be made by the Depiart',
ment of General Services upon the same terms, conditions and spedil',
cations at a price lower than the local agency can obtain through its.
normal purchasing procedures. The state shall incur no financial re-
sponsibility in connection with purchases for local agencies under this
section. No purchase shall be for less than five hundred dollar
($500) and the local agency shall accept sole responsibility for P -
and
ment to the vendor. All purchases shall be subjet.'t to audit
inspection by the local agency for which made.
The competitive bidding requirements of this chapter shall a
to purchases made under this section.
of
Purchases under this section shall be subject to the provisions
Section 14813.
No purchase shall be made under this section when bids have'.
been received by the local agency for the `urn=skiing of such Inateri',
als, equipment, or supplies, unleF > the purchasf by the Department of
General Services can be made at a lower r: icv upon the same terms, .-
conditions and specifications.
606
DIv. 3
A charg
this service, :
department c
department i::
in instances c
agency prior
partment.
The Dep:
regulations a=
(Added by Staff
Derivation: Fo.
Stats.1961, a Zl
Community college
partment of
i
Purchases on heba'
States 4-67, 85 e
§ 14815.
Each quay;
city, county, cf
lie corporation .
of consumable
with a list of Sk*
The de
partmen, I,
supplement of
and specificatio.
(Added by Stats.
States 4-90, 94.
RVICES Title 2
;5 -:<
Div. 3 PURCHASES AND SERVICES § 14815
d the facts in support
A charge shall be made to each local agency availing itself of
this service, such charge to be not less than the estimated cost to the
department of rendering the service, including costs incurred by the
department in preparation for a purchase requested by a local agency
=F
in instances where such request is canceled or withdrawn by the local
agency prior to award of the contract or purchase order by the de-
4
partment.
t' l
The Department of General Services may adopt such rules and
v3.,� •
regulations as are necessary for the purposes of this section.
im.Code 872.
..F;:
(Added by Stats.1965, c. 371, p. lbb?, § 179.)
r`
Historical Note
Derivation: Former 1 13409, added by tiered i 13408.5 and amended by State.
Stats-1961, c. 2121, p. 4380, j 1, renum- 1903, e- 630. P. 282.5, 11.
.
Cross Reterences
Community college districts, application of Education Code to purchases through de-
s ,j.
partment of general services, see Education Code 1 81843.
't
g160to167.
Administrative Code References
Purchases on behalf of local agendes, see 2 Ciai.Adm.Code 1$95 et seq.
ncy; service charge;
Ubrary References
orszed to make pur-
States 4=E17, 85 et seq. ".S. States if 120, 121, 136 to 138,
140, 145,
c than printed mate-
r,, .
ty, district, or other
§ 14815. List of items available for purchase
ed to expend public
:r,<.
n request of such to-
.�
Es q upon request provide each
quarter ch the department shall
made by the Depart-
'
city, county, city and county, district, local government body or pub-
>nditions and specifi-
lic corporation empowered to expend public funds for the acquisition
n obtain through its
of consumable .materials and supplies and other interested parties
acur no financial re-
:
with a list of such items available for purchase under Section 14814.
1 agencies under this
The department may supplement the quarterly lists with a monthly
:ive hundred dollars
_:
supplement of changes, additions and deletions. Terms, conditions
sponsibility for pay-
and specifications shall be provided upon request.
lbject to audit and
(Added by Stats.1971, c. 1984, p. 2062, § 1.)
i chapter shall apply
,r
1
llbrary References
States c^. X90, 94. CJS. Staten if 154, 255 to 157. 180.
to the provisions of
r
,
;on when bids have
i -
:Ing of such maters-
=
,r the Department of
;on the same terms,x.
xY
607