HomeMy WebLinkAboutOCSD-47 Purchasing Ordinance REPEALED BY
OCSD-52
ORDINANCE NO. OCSD-47
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING REQUIREMENTS AND PROCEDURES
FOR THE PURCHASE OF GOODS, SERVICES, AND
PUBLIC WORKS PROJECTS; AND REPEALING
ORDINANCE NO. OCSD-44
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CONTENTS
Article 1. General Provisions........................................................................................5
Section 1.01. Purpose and Scope........................................................................5
A. Purpose. ..........................................................................................5
B. Scope. .............................................................................................5
Section1.02. Title ................................................................................................5
Section 1.03. Definitions ......................................................................................5
Section 1.04. Rules and Guidelines.....................................................................5
Section 1.05. Budgeted Funds.............................................................................6
Section 1.06. The Purchasing Manager...............................................................6
A. Duties. .............................................................................................6
B. Requests for Procurement...............................................................6
Section 1.07. Exceptions to Competitive Selection..............................................6
A. Sole Source Procurement................................................................6
B. Emergency Procurement.................................................................6
Section 1.08. Evaluation Committees ..................................................................7
Section 1.09. Severability.....................................................................................7
Article 2. Goods and Services......................................................................................7
Section 2.01. Purpose and Scope........................................................................7
A. Purpose. ..........................................................................................7
B. Scope. .............................................................................................7
Section 2.02. Selection Process...........................................................................8
A. Competitive Sealed Bids..................................................................8
B. Award. .............................................................................................8
C. Equal Bids. ......................................................................................8
Section 2.03. Exceptions......................................................................................8
A. Small Procurements. .......................................................................8
B. Cooperative Purchases. ..................................................................9
C. Multi-Step Sealed Bidding. ..............................................................9
D. Competitive Sealed Proposals.........................................................9
E. Critical Time-Sensitive Procurements............................................10
F. Renewals.......................................................................................10
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G. Sole Source and Emergency Procurements..................................10
H. Master Contracts; Maintenance and Repair Services Less
Than or Equal to$100,000. ...........................................................10
Article 3. Professional Services..................................................................................11
Section 3.01. Purpose and Scope......................................................................11
A. Purpose. ........................................................................................11
B. Scope. ...........................................................................................11
Section 3.02. Selection Process.........................................................................12
A. Request for Proposals. ..................................................................12
B. Evaluation and Ranking of Proposals............................................12
C. Negotiation of Contract..................................................................12
Section 3.03. Exceptions....................................................................................12
A. Sole Source and Emergency Procurements..................................12
B. Contractors Reporting to the Board...............................................13
C. Procurements of$5,000 or less.....................................................13
D. Master Contracts; Professional Services Less Than or Equal
to $100,000....................................................................................13
Article 4. Professional Design Services .....................................................................13
Section 4.01. Purpose and Scope......................................................................13
A. Purpose. ........................................................................................13
B. Scope. ...........................................................................................13
Section 4.02. Selection Process.........................................................................13
A. Competitive Selection-.-.................................................................13
B. Professional Design Services Greater Than $200,000..................13
C. Master Contracts; Professional Design Services Less Than
or Equal to $200,000. ....................................................................16
Section 4.03. Exceptions....................................................................................17
A. Sole Source and Emergency Procurements..................................17
B. Continuation of Services................................................................17
C. Procurements of$5,000 or less.....................................................17
Article 5. Public Works Projects.................................................................................18
Section 5.01. Purpose and Scope......................................................................18
A. Purpose.........................................................................................18
B. Scope. ...........................................................................................18
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Section 5.02. Selection Process.........................................................................18
A. Design-Bid-Build............................................................................18
B. Design-Build. .................................................................................20
C. Prequalification..............................................................................20
Section5.03. Exceptions....................................................................................21
A. Emergencies and Calamities.........................................................21
B. Specification of Brand or Trade Name...........................................22
Article6. Protests.......................................................................................................22
Section 6.01. Solicitation Protests......................................................................22
Section 6.02. Award Protests.............................................................................23
Section 6.03. Delay in Award.............................................................................23
Section 6.04. Remedies.....................................................................................23
Section 6.05. Public Documents........................................................................24
Article 7. Delegation of Authority to Award Contracts ................................................24
Section 7.01. Award Authorization.....................................................................24
A. Delegation by General Manager....................................................24
B. Original Contracts and Contingencies. ..........................................25
C. Amendments and Change Orders. ................................................25
Section 7.02. Task Orders..................................................................................25
Section 7.03. Time Extensions to Public Works Projects...................................26
Article8. Ethics..........................................................................................................26
Section 8.01. Unlawful Consideration Prohibited ...............................................26
Section 8.02. Conflicts of Interest.......................................................................26
A. Compliance with the Political Reform Act......................................26
B. Compliance with Government Code § 1090..................................27
C. Requirements Applicable to Consultants.......................................27
Article9. Definitions...................................................................................................27
Article 10. Miscellaneous.............................................................................................30
Section 10.01. Noncompliance...................................................................30
Section 10.02. Effective Date......................................................................30
Section 10.03. Repeal of Ordinance No. OGSD44....................................30
Section 10.04. Certification and Publication................................................31
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NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
does hereby ORDAIN:
Article 1. General Provisions
Section 1.01. Purpose and Scope
A. Purpose.
This Ordinance is intended to:
(1) Comply with certain provisions of state law requiring the District to adopt
written purchasing procedures;
(2) Ensure that the District complies with state law governing the award of
Contracts for Goods, Services, and Public Works Projects;
(3) Establish procedures to ensure that the District obtains quality goods
and competent services at the best price and/or the best value;
(4) Delegate certain spending authority to District employees in the interest
of efficient administration;
(5) Ensure that purchasing decisions are transparent for the public; and
(6) Ensure that Contracts are awarded through a process that is fair to
prospective Contractors and in the best interests of the District.
B. Scope.
This Ordinance governs the purchase of Goods, Services and the award of
Contracts for Public Works Projects.
Section 1.02. Title
This Ordinance may be referred to as the Districts "Purchasing Ordinance"
Section 1.03. Definitions
As used throughout this Ordinance, the terms set forth in Article 9 shall have the
meanings as defined therein, unless the content in which they are used clearly
requires a different meaning, or a different definition is prescribed for a particular
Article or provision.
Section 1.04. Rules and Guidelines
The General Manager shall implement the requirements of this Ordinance
through policies, rules, and guidelines governing the purchase of Goods and
Services, and the award of Contracts for Public Works Projects.
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Section 1.05. Budgeted Funds
No Contract for the purchase of Goods, Services, or Public Works Projects shall
be awarded unless and until the General Manager identifies funds in the current
budget that are allocated to the purchase.
Section 1.06. The Purchasing Manager
A. Duties.
Consistent with the provisions of this Ordinance, the Purchasing Manager shall:
(1) Procure, or supervise the procurement of, all Goods, Services, and
Public Works Projects purchased by the District; and
(2) Supervise and control inventories of supplies and materials.
B. Requests for Procurement.
When a Department desires to procure Goods and/or Services, the Department
Director shall file a written Requisition, in advance, with the Purchasing Manager.
The Requisition shall describe the Goods and/or Services to be acquired.
Section 1.07. Exceptions to Competitive Selection
Depending on the nature of the Contract and/or the circumstances, certain
provisions of this Ordinance require that Contracts for Goods and/or Services be
awarded based on Competitive Sealed Bids or Competitive Sealed Proposals.
This Section 1.07 establishes certain general exceptions to competitive selection
requirements for the procurement of Goods and Services. The exceptions set
forth in this Section 1.07 do not apply to the award of Contracts for the
construction of Public Works Projects.
A. Sole Source Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded based on Sole Source Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that it is in the best interest of the
District to award the Contract because the Goods and/or Services are (1) of a
unique nature based on their quality, durability, availability, fitness or
qualifications for a particular use; or (2) only available from one source.
B. Emergency Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded through Negotiated Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that the District urgently needs the
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Goods and/or Services in order to respond effectively to an emergency. For
purposes of this Section 1.07, emergency procurements are those purchases
that are required to prevent immediate interruption or cessation of necessary
services or to safeguard life, property, or the public health and welfare. In
addition, emergency procurements as used in this Section also include critical
time sensitive purchases where time is of the essence, and the District does not
have sufficient time to solicit bids or proposals. For emergency procurements
greater than $100,000, the General Manager shall obtain the concurrence of the
Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice
Chair, and such action shall be ratified by the Board of Directors at its next
regular meeting.
Section 1.08. Evaluation Committees
Evaluation committees convened in connection with procurements under this
Ordinance shall generally be composed of District employees. In exceptional
circumstances, however, the General Manager may appoint one or more persons
not employed by the District to an evaluation committee if the General Manager
determines that (1) evaluating proposals in connection with a particular
procurement requires specialized expertise not available among District
employees; (2) the procurement will impact another agency, and that agency
desires to place a representative on the evaluation committee; or (3) it is
otherwise in the District's interest to do so.
Section 1.09. Severability
If any provision of this Ordinance, or any application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect any other provision of
this Ordinance or application to any person or circumstance which can be given
effect without the invalid provision or application. The provisions of this
Ordinance are declared to be severable.
Article 2. Goods and Services
Section 2.01. Purpose and Scope
A. Purpose.
California Government Code Sections 54202 at seq. requires the District to adopt
written policies and procedures, including bidding requirements, governing the
purchase of Goods and Services. This Article is intended to comply with Section
54202.
B. Scope.
The provisions of this Article 2 apply to Contracts for the purchase of Goods and
Services other than Contracts for Professional Services (governed by Article 3),
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Professional Design Services (governed by Article 4), and Contracts for Public
Works Projects (governed by Article 5).
Section 2.02. Selection Process
A. Competitive Sealed Bids.
Subject to the exceptions set forth in Section 2.03, the award of Contracts for the
purchase of Goods and Services shall be based on Competitive Sealed Bids.
For each procurement, the Purchasing Manager shall:
(1) Publish a Notice Inviting Bids that contains (a) a description of the
Goods and/or Services required, (b) a description of the selection
process, (c) bidder's security requirement, if applicable, (d) performance
bond requirements, if applicable, and (a) such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager
determines are necessary, desirable, and/or advantageous to the
District;
(2) Open the bids publicly at the time and place designated in the Notice
Inviting Bids, and record the amount of each bid; and
(3) Determine whether the bids are responsive to the Notice Inviting Bids.
B. Award.
After the bids are opened, one of the following actions may be taken:
(1)Award the Contract to the lowest Responsive and Responsible Bidder;
(2) Reject any and all bids presented and/or re-advertise the bid; or
(3) Declare that the Goods and/or Services may be acquired at a lower cost
by negotiation in the open market and authorize the procurement in that
manner.
C. Equal Bids.
If two or more Responsible Bidders submit the same lowest bid, the District may,
in its discretion, accept either bid or a lower bid, if any, as may be obtained from
one of the bidders through negotiation.
Section 2.03. Exceptions
A. Small Procurements.
(1) Procurements of $5,000 or Less. Contracts subject to this Article 2 with an
estimated value of $5,000 or less may be awarded without Competitive
Sealed Bids if the Purchasing Manager determines that a Competitive Sealed
Bids process would not result in a lower overall cost to the District.
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(2) Procurements of $50,000 or Less. Contracts subject to this Article 2 with an
estimated value of $50,000 or less may be awarded by (a) soliciting at least
three bids from identified vendors, and (b) awarding the Contract to the lowest
Responsive and Responsible Bidder. If the Purchasing Manager cannot
obtain at least three bids, the Contract may be awarded to the lowest
Responsive and Responsible Bidder as long as the Purchasing Manager
determines that the bid amount is fair and reasonable.
(3) Piecemealing Prohibited. Procurements shall not be artificially divided into
different individual Contracts so as to keep each Contract amount below one
of the monetary thresholds set forth in this Part A.
B. Cooperative Purchases.
When another public agency or government purchasing cooperative organization
has awarded a Contract for Goods and/or Services based on Competitive Sealed
Bids or Competitive Sealed Proposals, and the agency or organization followed a
process substantially similar to the process described in Section 2.02, the District
may acquire Goods and/or Services under that Contract without obtaining
Competitive Sealed Bids or Competitive Sealed Proposals. The District may
enter into Contracts with other public agencies, government purchasing
cooperative organizations within the United States, and/or Contractors for this
purpose.
C. Multi-Step Sealed Bidding.
If the Purchasing Manager determines that it is impractical to initially prepare a
description to support an award based on price, a process involving multi-step
sealed bids may be utilized. The multi-step sealed bidding process involves (1)
issuing an Invitation for Bids requesting the submission of un-priced offers; and
(2) issuing a subsequent Invitation for Bids for priced offers from those vendors
whose initial un-priced offers were deemed qualified under the criteria set forth in
the initial Invitation for Bids. Award under this process shall be based on the
lowest Responsive and Responsible Bidder.
D. Competitive Sealed Proposals.
If the Purchasing Manager determines in writing that the Competitive Sealed Bids
procedure is not practical and/or not advantageous for the District in a particular
case, one or more Contracts subject to this Article may be awarded based on
Competitive Sealed Proposals. The Competitive Sealed Proposals process may
be used (1) for Goods and/or Services that prove difficult to quantify or describe,
where proposers are provided the opportunity to offer different approaches or
solutions; and/or (2) for critical, routine or recurring goods or services that require
consideration of the broadest possible range of competing services, products and
materials available, fitness of purpose, performance reliability, standardization,
life cycle costs, delivery timetables, reliable supply, support logistics,
diversification of available sources and/or other similar factors in addition to the
price in the award of these contracts. Award under this process shall be based
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upon criteria that provide the best value for the District, wherein best value is not
solely determined by price.
E. Critical Time-Sensitive Procurements.
The Purchasing Manager may purchase Goods and/or Services through
Negotiated Procurement if the Purchasing Manager determines in writing that
time is of the essence in the purchase of the Goods and/or Services. For critical
time-sensitive procurements valued at more than $100,000, the General
Manager shall obtain the concurrence of the Chair of the District's Board of
Directors or, if the Chair is unavailable, the Vice Chair.
F. Renewals.
The Purchasing Manager may exercise any options to renew as may be included
in existing Contracts without observing the bidding procedures prescribed in
Section 2.02.
G. Sole Source and Emergency Procurements.
A Contract for the purchase of Goods and/or Services may be awarded without
soliciting competitive bids if any of the exceptions set forth in Section 1.07 apply.
H. Master Contracts: Maintenance and Repair Services Less Than or Equal to
$100,000.
The Purchasing Manager may purchase maintenance and repair Services
estimated to cost less than or equal to $100,000 through the master contract
procedures set forth below.
(1) Request for Qualifications. If a master contract is let for maintenance and
repair Services, then at least once every 3 years, the Purchasing Manager
shall prepare and distribute a Request for Qualifications for the maintenance
and repair Services required by the District. Each Request for Qualifications
shall describe the selection criteria that will be used to determine whether
suppliers or firms are eligible for the prequalified list. The Request for
Qualifications shall require the following information, at a minimum, from
proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of Service needed;
(b) The experience, training, and skills of the key personnel that will perform
and manage the work for the District;
(c) The firm's capacity and resources to perform the Services required within
the specified period of time. The firm must demonstrate that it will provide a
sufficient number of qualified staff, equipment, and facilities as applicable.
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(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of the
Department requesting the Procurement shall appoint the remaining
members. Each evaluation committee shall determine whether each supplier
or firm has the demonstrated competence and qualifications to provide the
Services necessary for the satisfactory performance of the Services required.
(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Department Director, the Purchasing Manager shall
establish a list of at least 3 prequalified Contractors. Each list shall be used
for a maximum of 3 years. No later than 3 years after establishing a
prequalified list, the Purchasing Manager may issue a new Request for
Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firths on the prequalified list shall be
awarded by the Board of Directors in the amount not to exceed the program
budget approved by the Board of Directors. The original term of such
Contracts shall be for 1 year, with an option to extend each Contract for up to
2 additional 1 year renewal periods.
(5) Task Orders. The Department Director shall notify the Purchasing Manager
when Services subject to this subsection 2.03(H) are required for a
maintenance or repair project. Proposals shall be solicited from all the firms
on the prequalified list and one of the firms shall be selected pursuant to the
process set forth in Section 2.02. Individual Task Orders in an amount not to
exceed $100,000 will be awarded for each project.
Article 3. Professional Services
Section 3.01. Purpose and Scope
A. Purpose.
This Article 3 is intended to ensure that the District retains Professional Services
at fair and reasonable prices based on demonstrated competence and the
professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
The provisions of this Article 3 apply to the award of Contracts for Professional
Services and incidental services that members of a Professional Service firm,
and those in their employ, may logically perform. The provisions of this Article 3
do not apply to the award of Contracts for Professional Design Services
(governed by Article 4).
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Section 3.02. Selection Process
Contracts for Professional Services shall be awarded pursuant to the following
procedures:
A. Request for Proposals.
The Purchasing Manager shall prepare a Request for Proposals in consultation
with the Director of the Department requesting the Procurement. The Purchasing
Manager, with the concurrence of the Director of the Department requesting the
Procurement, may select a limited number of Professional Service firms to
receive the Request for Proposals. The Purchasing Manager may issue a
Request for Qualifications to prospective Contractors as a means of identifying
prospective recipients. The Purchasing Manager may publish notice of the
Request for Proposals or Request for Qualifications.
B. Evaluation and Ranking of Proposals.
All responsive proposals shall be evaluated and ranked, from most qualified to
least qualified, based on each firm's demonstrated competence and professional
qualifications necessary for the satisfactory performance of the services required.
The Purchasing Manager may establish a committee to conduct the evaluation.
The Purchasing Manager or evaluation committee, if any, may discuss each
proposal with its author to seek clarification or otherwise obtain relevant
information.
C. Negotiation of Contract
The Purchasing Manager shall negotiate a Contract with the firm deemed to be
most qualified at a price that the Purchasing Manager, with the concurrence of
the Director of the Department requesting the Procurement, deems to be fair and
reasonable. If the Purchasing Manager determines that it is in the best interest
of the District to enter into Contracts with two or more firms, the Purchasing
Manager shall negotiate with the desired number of firms starting with the most
qualified. The Purchasing Manager shall proceed down the list from most to
least qualified until he or she has concluded negotiations with the desired
number of firms at fair and reasonable prices. The District may, in its sole
discretion, reject all proposals.
Section 3.03. Exceptions
A. Sole Source and Emergency Procurements.
A Contract for Professional Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
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B. Contractors Reporting to the Board.
The provisions of this Article 3 shall not apply to the retention of Professional
Service firms or individuals that are selected by the Board and report directly to
the Board. For such Contracts, the Board shall determine the method of
selection, consistent with the requirements of applicable law.
C. Procurements of$5,000 or less.
Contracts subject to this Article 3 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
D. Master Contracts: Professional Services Less Than or Equal to $100,000.
The Purchasing Manager may purchase Professional Services estimated to cost
less than or equal to $100,000 through the master contract procedures set forth
in Section 2.03(H), provided that individual task orders shall not exceed $100,000
for each project.
Article 4. Professional Design Services
Section 4.01. Purpose and Scope
A. Purpose.
This Article 4 is intended to ensure that the District retains Professional Design
Services at fair and reasonable prices based on demonstrated competence and
the professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
This Article 4 applies to the selection of Contractors for Professional Design
Services.
Section 4.02. Selection Process
A. Competitive Selection.
All Professional Design Services estimated to be greater than $200,000 shall be
awarded based on Competitive Sealed Proposals. All Professional Design
Services with an estimated value of $200,000 or less shall have a separate
selection process based upon a master contract procedure whereby the District
shall solicit Competitive Sealed Proposals and award one or more master
contracts not to exceed $400,000 per year.
B. Professional Design Services Greater Than $200,000.
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The requirements set forth in this subsection 4.02(B) shall apply to the purchase
of Professional Design Services estimated to cost more than $200,000.
(1)Annual List. Each Director of a Department that utilizes Professional Design
Services shall file annually with the Purchasing Manager a list of speck
disciplines for which Professional Design Services may be required. The
Purchasing Manager may from time to time prepare and distribute a Request
for Qualifications for the professional disciplines or project design services
required by the District subject to this Part B. For each Request for
Qualifications issued, the Purchasing Manager shall evaluate the responses,
identify qualified firms, and maintain the responses of the qualified firms on
file to be used in the Request for Proposals process described below.
(2) Request for Proposals. The Purchasing Manager, in consultation with the
Director of Engineering, shall issue a Request for Proposals for the
Professional Design Services requested. Multiple projects may be bundled
into one Request for Proposals such that multiple Contract awards may result
from one Request for Proposals and selection may be based upon
specialized services.
(3) Content of Request for Proposals. Each Request for Proposals shall describe
the Professional Design Services required and the selection process. Each
Request for Proposals shall also set forth such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager, in
consultation with the Director of Engineering, determines are necessary,
desirable, and/or advantageous to the District. Each Request for Proposals
shall require that proposals contain, at a minimum, the following information:
(a) The firm's qualifications for performing the proposed work.
(b) The firm's relevant experience and performance on similar projects.
(c) The firm's ability to complete the work within the time allotted.
(d) The personnel that will be assigned to the project.
(e) The estimated number of hours that each member of the team will
spend on the project.
(f) A statement that the firm's engagement for the project would not create
a conflict of interest.
(g) Any other information required to properly evaluate the firm's
qualifications and experience with similar projects.
(h) Proposals for construction management services shall demonstrate
that the designated personnel have expertise and experience in
construction project design review and evaluation, construction
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mobilization and supervision, bid evaluation, project scheduling, cost-
benefit analysis, claims review and negotiation, and general
management and administration of a construction project.
(i) A fee proposal, based on the method of compensation specified in the
Request for Proposal, and an estimate of total fees, enclosed in a
separately sealed envelope. Commonly used methods of
compensation for Professional Design Service Contracts include (i)
cost plus fixed fee with a maximum amount; (ii) per diem rate(s) with a
maximum amount; (iii) a lump sum (fixed) fee; and (iv) cost of time and
materials.
(4) Publication of Request for Proposals. The District shall publicize each
Request for Proposals by two or more of the following methods:
(a) Advertising in print or electronic media; and/or
(b) Mailing the Request for Proposals to each Contractor who has
submitted a Statement of Qualifications; and/or
(c) Mailing the Request for Proposals to each vendor registered in the
applicable category, based on the services identified in the Request for
Proposals, in the District's on-line vendor database.
(5) Staff Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate the proposals.
(a) Management and Composition. The Purchasing Manager shall serve
as chair of the evaluation committee. The Director of Engineering shall
appoint the other members of the committee.
(b) Ranking of Firms. All proposals shall be evaluated and ranked, from
most qualified to least qualified, based on each firm's demonstrated
competence and professional qualifications necessary for the
satisfactory performance of the services required.
(c) Interviews. At its discretion, the evaluation committee may interview
one or more of the firms that have submitted proposals.
(d) Report. The evaluation committee shall prepare a written report for the
Purchasing Manager and the Director of Engineering setting forth, at a
minimum, the ranking of firms from most qualified to least qualified.
(6) Negotiations. The Purchasing Manager and the Director of Engineering
shall negotiate a Contract with the fine that the evaluation committee
deems to be most qualified. Fee proposals shall not be opened until the
highest ranked proposer is identified. Only the highest ranked
proposer's fee proposal will be opened. If those negotiations fail, the
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Purchasing Manager shall negotiate with the second most qualified firm,
and so on, until an agreement is reached. The Purchasing Manager
shall proceed down the list from most to least qualified until he or she
has concluded negotiations with the desired number of firms at fair and
reasonable prices. The Director of Engineering shall make a written
determination that the negotiated fee is fair and reasonable. All
unopened price proposals will be returned to the firm that submitted it.
The District may, in its sole discretion, reject all proposals.
C. Master Contracts: Professional Design Services Less Than or Equal to
200 000.
The requirements set forth in this subsection 4.02(C) shall apply to the purchase
of Professional Design Services estimated to cost less than or equal to $200,000
for each individual project.
(1) Request for Qualifications. At least once every 3 years, the Purchasing
Manager shall prepare and distribute a Request for Qualifications for each
professional discipline or project design service required by the District
subject to this subsection. Each Request for Qualifications shall describe the
selection criteria that will be used to determine whether fines are eligible for
the prequalified list. The Request for Qualifications shall require the following
information, at a minimum, from proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of services needed;
(b) The education, experience, training, and skills of the key personnel that will
perform and manage the work for the District,
(c) The firm's capacity and resources to deliver the services required within the
specked period of time, including but not limited to a sufficient number of
qualified staff, computer hardware, computer software, special equipment
and facilities as applicable; and
(d) The proximity of the firm's office(s)to the District, the specific location of key
personnel, and the firm's experience and familiarity with the operation of
local government.
(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining members. Each evaluation
committee shall determine whether each firm has the demonstrated
competence and professional qualifications necessary for the satisfactory
performance of the services required.
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JW653.2
(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Director of Engineering, the Purchasing Manager shall
establish a list of at least 5 prequalified Contractors within each discipline.
Each list shall be used for a maximum of 3 years. No later than 3 years after
establishing a prequalified list for each discipline, the Purchasing Manager
shall issue a new Request for Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firms on the prequalified list shall be
awarded by the Board of Directors in an amount not to exceed $400,000 per
year. The original term of such Contracts shall be for 1 year, with an option to
extend each Contract for up to 2 additional 1 year renewal periods.
(5) Task Orders. The Director of Engineering shall notify the Purchasing
Manager when Professional Design Services subject to this subsection are
required for a project. Proposals shall be solicited, with price proposals
submitted in a separate sealed envelope, from at least 2 firms on the
prequalified list and one of the firms shall be selected pursuant to the process
set forth in subsection 4.02(B)(6). In determining which firms will be invited to
submit proposals, the Purchasing Manager shall follow the selection or
rotation process, if any, set forth in the Request for Qualifications, subject to
the best interests of the District in any particular case. Individual Task Orders
in an amount not to exceed $200,000 will be awarded for each project. The
Director of Engineering shall make a written determination that the negotiated
fee is fair and reasonable for the task.
Section 4.03. Exceptions
A. Sole Source and Emergency Procurements.
Contracts for Professional Design Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
B. Continuation of Services.
A new contract for additional services related to work already performed under
an existing Contract for Professional Design Services may be awarded without
observing the bidding procedures prescribed in subsection 4.02(B) or subsection
4.02(C), as applicable. In connection with any such new contract, the Director
of Engineering shall determine in writing that (1) it is in the District's best interests
to have the original firm perform additional, related services, and (2) the
negotiated price is fair and reasonable.
C. Procurements of$5,000 or less.
Contracts subject to this Article 4 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
OCSD-47-17
10426532
process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
Article S. Public Works Projects
Section 5.01. Purpose and Scope
A. Purpose.
This Article 5 is intended to implement state statutes that govern the District's
award of construction Contracts for Public Works Projects.
B. Scope.
This Article 5 applies to the District's award of Contracts for the construction of
Public Works Projects exceeding $35,000 other than sewerage maintenance or
repair projects pursuant to Public Contract Code section 20783 (Projects
estimated at $35,000 or less, and sewerage maintenance or repair projects, may
be processed pursuant to Article 2).
Section 5.02. Selection Process
A. Design-Bid-Build.
(1) Competitive Sealed Bids. For projects subject to Public Contracts Code
section 20783, the District shall select firms for Public Works Projects
pursuant to the process described in this subsection 5.02(A).
(a) Notice Inviting Bids. For each prospective Contract, the Purchasing
Manager shall publish a Notice Inviting Bids as required by Public
Contract Code Section 20783.
(i) Manner of Publication. Each Notice Inviting Bids shall be published
in a newspaper of general circulation, on industry bulletin boards,
and/or on the District's website at least 10 days before the date for
the opening of bids consistent with the requirements set forth in
Public Contracts Code section 20783.
(ii) Contents. Each Notice Inviting Bids shall:
1. Establish a deadline for the receipt of bids that is at least 10
calendar days after the first publication of the Notice Inviting
Bids;
2. Provide that the District, in its sole discretion, may reject any
and all bids;
3. Set forth a procedure that shall be followed in the event of a tie
between the lowest Responsive and Responsible bidders;
OCSD47-18
I0 2653.2
4. Require bidders to post a bidders security;
5. State that if a Contract is awarded to the bidder, a payment
bond is required pursuant to Civil Code section 9550;
6. Contain detailed plans and specifications for the project.
Subject to the exceptions set forth in subsection 5.03(B), the
specifications shall not call for a designated material, product,
thing, or service by speck brand or trade name unless the
District complies with the requirements under California Public
Contract Code section 3400 at seq.; and
7. Contain whatever provisions, consistent with this Ordinance, the
Purchasing Manager determines are necessary, desirable,
and/or advantageous to the District.
(b) Bid Opening. The Purchasing Manager shall open the bids publicly in
the presence of one or more witnesses at the time and place
designated in the Notice Inviting Bids. The Purchasing Manager shall
record the amount of each bid together with the name of each bidder.
This record, and each bid, shall be considered public records and shall
be available to the public at the point in time specified in the Notice
Inviting Bids and consistent with the Public Records Act.
(c) Refection of Bids. The District may reject all bids received for a
particular project and:
(i) Re-advertise for bids; or
(ii) Authorize construction of the project through a Negotiated
Procurement of day labor and/or materials or supplies, if the Board
adopts a resolution by a four-Fifths vote declaring that (i) the work
can be performed more economically by day labor, and/or (ii) the
materials or supplies can be obtained at a lower price in the open
market.
(d) No Bids. If the District does not receive any bids for a particular
project, the District's Board of Directors may authorize the Purchasing
Manager to conduct a Negotiated Procurement, and present his or her
recommendation to the Board for approval.
(a)Award to Lowest Responsive and Responsible Bidder. Unless the
District rejects all bids, the Contract shall be awarded to the lowest
Responsive and Responsible Bidder. If two or more Responsible
Bidders submit the same lowest bid, the District may, in its discretion,
accept either bid or a lower bid, if any, as may be obtained from one of
the lowest bidders through negotiation. If the lowest Responsive and
Responsible Bidder refuses to enter into a Contract, then the lowest
OCSD-47-19
IN2653.2
Responsive and Responsible Bidder shall forfeit its bidder's security,
and the Contract shall be awarded to the next lowest Responsive and
Responsible Bidder.
B. Design-Build.
As may be authorized by the Public Contract Code or other statute, the District
may utilize a design-build selection process for the award of Public Works
Contracts.
C. Preaualification.
The Purchasing Manager may limit the field of prospective bidders for Public
Works Contracts by prequalifying Contractors pursuant to California Public
Contract Code Section 20101 and the requirements of this subsection 5.02(C).
Prequalification shall only be required when the Purchasing Manager or the
Director of Engineering determines that prequalification is necessary or
desirable. The Purchasing Manager may (i) prequalify a list of Contractors for
the right to bid on any specific Public Works Project, and/or (ii) prequalify lists of
Contractors for the right to bid on unspecified projects of a certain type or size
pursuant to Public Contracts Code section 201O1(c). If the Purchasing Manager
elects to prequalify lists of Contractors for the right to bid on unspecified projects
of a certain type or size, he or she shall conduct a prequalification process
quarterly, and all qualifications shall be valid for one year. For each prequalified
list of either type, the Purchasing Manager shall evaluate and prequalify
Contractors pursuant to the following procedures:
(1) Questionnaires and Rating Criteria. The Purchasing Manager shall
develop a questionnaire and rating criteria for each prequalification. All
criteria shall be relevant and objective. The Purchasing Manager may
rely on the Department of Industrial Relations model guidelines,
questionnaires, and forms, and/or establish additional or modified
criteria.
(2) Statements of Qualifications. The Purchasing Manager shall solicit
Statements of Qualifications from prospective bidders.
(3) Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate each Statement of Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining committee members. The
evaluation committee shall review each Statement of Qualifications, rate
the Contractors according to their qualifications and objective criteria,
and determine which Contractors are qualified and which Contractors
are not qualified.
(4) Notice of Determination. When the evaluation committee completes its
review, the Purchasing Manager shall send each Contractor written
OCSD-07-20
IMM53.2
notice of the committee's determinations regarding that Contractor. If
the evaluation committee determines that a Contractor is not qualified,
the written notice shall also set forth the basis for that determination and
any relevant supporting evidence that the evaluation committee
considered.
(5)Appeal Process.
(a) Notice of Appeal. Any Contractor may appeal to the General Manager
any determination of the evaluation committee, including any rating
assigned to the Contractor and any decision to disqualify the
Contractor, by filing a written notice of appeal within 7 working days
after the Purchasing Manager mails the notice described in subsection
5.02(C)(4).
(b) Hearing. Within 5 working days of the receipt of an appeal, the
General Manager, or a designee of the General Manager who has not
been involved in the evaluation of qualifications of Contractors for the
project, shall conduct a hearing on the appeal. During the hearing, the
affected Contractor or subcontractor shall have the opportunity to rebut
any evidence used as a basis for disqualification and to present
evidence to the General Manager or the General Manager's designee
as to why the prospective bidder should be found qualified.
(c) Decision. Within 5 working days of the conclusion of the hearing, the
General Manager or the General Manager's designee shall issue a
written decision on the appeal. The decision of the General Manager
or the General Manager's designee shall be final.
Section 5.03. Exceptions
A. Emergencies and Calamities.
(1)The provisions of this subsection 5.03(A) apply in the event of an
emergency or calamity involving a sudden, unexpected occurrence that
poses a clear and imminent danger requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or
essential public services. In the event of such an emergency or
calamity, the District may, through Negotiated Procurement, award
Contracts to repair or replace facilities, take any directly related and
immediate action required by the emergency or calamity, and procure
the necessary equipment, services, and supplies for those purposes.
(2) The General Manager may take the actions described in subdivision (1)
above, with the concurrence of the Chair of the Board of Directors and/or
the Vice Chair, without obtaining prior approval of the District's Board of
Directors. In taking any such action, the General Manager shall follow
the procedures set forth in Public Contracts Code Section 22050.
(3) In the alternative, the District's Board of Directors may, by resolution
adopted by a four-fifths vote, take the actions described in subdivision
OCSD-47-21
1042653.2
(1) above. In taking any such action, the District shall follow the
procedures set forth in Public Contracts Code 22050.
B. Specification of Brand or Trade Name.
Notwithstanding subsection 5.02(A)(1)(a)(ii)(6), the specifications for a Public
Works Contract may call for a designated material, product, thing, or service by
specific brand or trade name without inserting the words "or equal" if the District
complies with the requirements of the California Public Contract Code section
3400 at seq. The General Manager is authorized to make the findings required
under California Public Contract Code section 3400 at seq. The Notice Inviting
Bids or Request for Proposals shall state that a particular material, product, thing,
or service is necessary or desirable for any of the following purposes:
(1) In order that a field test or experiment may be made to determine the
product's suitability for future use;
(2) In order to match other products in use on a particular public
improvement either completed or in the course of completion;
(3) In order to obtain a necessary item that is only available from one
source;
(4) In order to respond to an emergency declared by the District, but only if
the declaration is approved by a four-fifths vote of the District's Board of
Directors; or
(5) In order to respond to an emergency declared by the state, a state
agency, or political subdivision of the state, but only if the facts setting
forth the reasons for the finding of the emergency are contained in the
public records of the District.
Article 6. Protests
The District shall afford Interested Parties an opportunity to protest the
solicitation of bids and proposals and the award of contracts as set forth in this
Article 6. The General Manager shall adopt detailed protest procedures
consistent with this Article 6. The protest procedures governing any particular
procurement shall be set forth in the Notice Inviting Bids or the Request for
Proposals, as applicable.
Section 6.01. Solicitation Protests
A. Interested Parties may file a Solicitation Protest Statement with the
Purchasing Manager on the grounds that a free and open competition has
not taken place, or cannot take place, and/or that a particular specification
or requirement is impractical, unduly restrictive, or ambiguous. Each
Notice Inviting Bids and Request for Proposals shall identify the date and
time that the Solicitation Protest Statement is due, the information required
OCSD-47-22
IN2653.2
to be included in the Solicitation Protest Statement, the evaluation
process, and the types of remedies available.
B. The Purchasing Manager shall evaluate each Solicitation Protest
Statement and determine what actions, if any, will be taken to remedy any
deficiency. The decision of the Purchasing Manager shall be final.
Section 6.02. Award Protests
A. In connection with any competitive selection process, any Interested Party
may file an Award Protest Statement with the Purchasing Manager on the
ground that a free and open competition has not taken place in connection
with the award recommendation. The Purchasing Manager shall not,
however, consider any protest based on a finding that a bid or proposal is
not responsive.
B. Each Notice Inviting Bids and Request for Proposals shall identify the
deadline for Award Protest Statements and describe the information
required to be included in any Award Protest Statement, the evaluation
process, the appeal process, and the types of remedies available.
C. The Purchasing Manager shall evaluate each Award Protest Statement
and determine what actions, if any, will be taken to remedy any deficiency.
D. The Purchasing Manager's decision on an Award Protest Statement may
be appealed to the Director of Finance and Administrative Services and
the Director of the Department requesting the Procurement. The Director
of Finance and Administrative Services and the Director of the Department
requesting the Procurement shall evaluate each Award Protest Statement
and determine whether to uphold or reject the Purchasing Manager's
determination. For Contracts to be awarded by District staff, the decision
of the Director of Finance and the Director of the Department requesting
the Procurement shall be final. For Contracts to be awarded by the Board
of Directors, the Board may consider any Award Protest Statements in
connection with its consideration of the Contract.
Section 6.03. Delay in Award
A. Execution of any proposed contract shall be delayed pending resolution of
any protests unless one or more of the following conditions is present:
(1) The items or services being procured are urgently required;
(2) Delivery or performance will be unduly delayed by failure to make an
award promptly; or
(3) Failure to make prompt award will otherwise cause undue harm to the
District.
Section 6.04. Remedies
OCSD-47-23
1042653.2
A. If the final decision maker determines that the award or proposed award
was not made in accordance with applicable statutes, regulations, policies
and/or procedure, the District, in its sole discretion, may grant any of the
following remedies or any other remedy it deems appropriate:
(1) Prior to award, the District may issue a new solicitation, make a new
selection/award recommendation, or award a contract consistent with
applicable statutes, regulations, policies and procedures;
(2) Take no further action; or
(3) Take any other action that is permitted by law to promote compliance
with applicable statutes, regulations, policies and/or procedure.
B. In determining the appropriate remedy, if any, the District shall consider all
the circumstances surrounding the Notice Inviting Bids or Requests for
Proposal and/or award, including, but not limited to:
(1) The seriousness of any deficiency found to exist in the contracting
process;
(2) The effect of the action on the competitive process;
(3)Any urgency surrounding the contract requirement; and
(4) The effect that implementing the remedy will have on the District.
C. Nothing contained herein shall be construed to act as a limitation on the
District's choice of remedies or confer any right upon any Interested Party
or affected party to a remedy.
Section 6.05. Public Documents
Solicitation Protest Statements and Award Protest Statements are public
documents. The District will notify the affected parties when a protest has been
submitted, and will provide copies of the Protest Statements to the affected
parties upon written request.
Article 7. Delegation of Authority to Award Contracts
This Article 7 applies to all Contracts for Goods, Services, and Public Works
Projects entered into by the District.
Section 7.01. Award Authorization
A. Delegation by General Manager.
The General Manager shall establish written procedures governing the
delegation of authority to award and execute Contracts consistent with this
Ordinance. Upon delegation of authority by the General Manager, each
Department Director may further delegate authority to initiate a written
Requisition consistent with the General Manager's written procedures.
OCSD-47-24
10 2653.2
B. Original Contracts and Contingencies.
The Board of Directors hereby delegates the authority to award Contracts within
specified limits as follows:
Delegated Authority ! Authorized Action
General Manager/ ; Authorization to approve and execute Contracts
Assistant General ; for budgeted procurements up to $100,000,
Manager ! including any contingency. All procurements over
$50,000 are to be reported to the Board or !
i Directors on a quarterly basis.
Standing Committees '; Authorization to approve procurements over
$100,000 up to $200,000, plus a contingency of i
i up to 50%, for a total spending authority of up to
$300,000 for each Contract.
Board of Directors ? All original Contracts for procurements that i
exceed the limits of the Standing Committees shall
be approved by the Board of Directors.
C. Amendments and Change Orders.
The Board of Directors hereby delegates the authority to approve Amendments
and Change Orders in any amount as follows:
----------------------'-r-'--'- --- -----------------'-----------------------------------
Delegated Authority ! Authorized Action
L. .-.-.J
General Manager/ (1) Authorization to approve and execute
Assistant General Amendments and Change Orders as long as (1) the
Manager ; Amendment or Change Order is recommended by
the applicable Department Director, and (2) the
Amendment or Change Order does not change the i
contract price or the new contract price is within the
approved contingency.
(2) Authorization to approve and execute
i Amendments to chemical Contracts, unless the ;
Contract unit price has increased from the unit price
approved by the District's Board of Directors. Unit
price increases in chemical Contracts require Board
of Directors approval.
Section 7.02. Task Orders
OCSD-47-25
IMM532
The Board of Directors hereby delegates the authority to award Task Orders
within specified limits as follows:
Delegated Authority i Authorized Action
General Manager/ Authorization to approve, upon the
i Assistant General Manager i recommendation of the Department Director, and i
i execute Task Orders and/or Amendments to the
Task Orders provided the cumulative total of the
Task Order and Amendments thereto do not
exceed $100,000.
Standing Committees i Authorization to approve, upon the
recommendation of the General
Manager/Assistant General Manager, Task Orders
i and/or Amendments to the Task Orders over i
$100,000 provided the cumulative total of the Task
Order and Amendments do not exceed $200,000.
i Board of Directors All Task Orders and/or amendments that exceed i
$200,000 shall be approved by the Board of
Directors.
Section 7.03. Time Extensions to Public Works Projects
The General Manager may approve and execute Change Orders for Public
Works Project Contract time extensions that do not involve any increase in
compensation over the approved Contingency.
Article 8. Ethics
Section 8.01. Unlawful Consideration Prohibited
District Officials shall neither solicit nor receive bribes, rebates, kickbacks, and/or
any other unlawful consideration from any contracting party, or any party seeking
a Contract with the District, in exchange for favorable treatment or any other
action.
Section 8.02. Conflicts of Interest
A- Compliance with the Political Reform Act.
District Officials shall not make any Contracts, participate in the making of any
Contracts, or in any way attempt to use their official positions to influence any
decision on any Contracts, in violation of Government Code Sections 87100 at
seq.
OGSD-47-26
IW26512
B. Compliance with Government Code 6 1090.
Without limiting the requirements of Part A above, no District Official shall make
any Contract, participate in the making of any Contract, or in any way attempt to
use his or her official position to influence any decision on a Contract, in violation
of California Government Code Section 1090.
C. Requirements Applicable to Consultants.
Consultants designated by the District's Conflict of Interest Code shall comply in
all respects with Government Code Section 87100 at seq., and it's implementing
regulations.
Article 9. Definitions
Amendment means a properly executed written agreement entered into and
between the District and the Contractor, or issued by the District, covering
modifications to the original Contract and which may result in adjustments to
provisions of the Contract, including, but not limited to, terms, scope of work,
compensation, and/or period of performance.
Award Protest Statement shall mean a written objection to the award
recommendation prior to final action to award the contract, which shall be
submitted after receipt of sealed bids/proposals, but before award of a contract,
as specified herein.
Best value means the overall combination of quality, price, and other elements of
a proposal/bid (or combination of several proposals/bids) that, when considered
together, provide the greatest overall benefit in response to the requirements
described in the solicitation documents.
Change Order means a property executed written agreement entered into and
between the District and the Contractor, or unilaterally issued by the District,
covering modifications to the original Contract, and which may result in
adjustments to the provisions of the Contract, including, but not limited to, terms,
scope of work, cost and/or period of performance.
Competitive Sealed Bids means a selection process whereby prospective
Contractors submit sealed bids and the Contract is awarded to the lowest
Responsive and Responsible Bidder.
Competitive Sealed Proposals means a selection process whereby prospective
Contractors submit sealed proposals and the Contract is awarded to the proposal
that best meets the criteria specked in the Request for Proposals.
Contingency means an amount above the original Contract price, as awarded by
the delegated authority, established at the time of Contract award, as may be
amended thereafter, to be used for Contract changes.
OCSD-47-27
I M26532
Contract means any type of agreement for the purchase of Goods, Services,
and/or Public Works Projects. Contracts may be labeled in various different
ways, including, but not limited to, "contract," "agreement" "purchase order,"
and 'task order."
Contractor means any person or entity that has a Contract with the District.
Department means one of the District's designated departments.
Design-Bid-Build means a selection process for the award of Public Works
Contracts involving three basic steps: (1) the District hires a design professional
to prepare detailed plans and specifications or the District prepares detailed
plans and specifications,- (2) the District solicits bids from construction firms
based on the detailed plans and specifications; and (3) the District awards the
Contract to the lowest Responsive and Responsible Bidder.
Design-Build means a selection process for the award of Public Works Contracts
involving two basic steps: (1) the agency solicits proposals from pre-qualified
firms to design and construct a project; and (2) depending on the award criteria
set forth in the Request for Proposals, the agency awards the Contract to either
(a) the lowest Responsive and Responsible Bidder, or (b) the proposal that
presents the "best value."
Director means a director of one of the District's designated departments, or his
or her designee(s).
Director of Engineering means the District's Director of Engineering or his or her
designee(s).
District means the Orange County Sanitation District.
District Board or Board means the Board of Directors of the Orange County
Sanitation District.
District Official means any member of the District's Board of Directors, any
District employee, and any District consultant that is designated under the
District's Conflict of Interest Code.
General Manager means the General Manager of the District, or his or her
designee(s).
Goods means fixed, movable, disposable, and/or reusable products,
commodities, equipment, materials, supplies or items used by the District, and
excludes land or any interest in real property.
Interested Pa rtv shall mean: (1) on solicitation, all bidders or proposers, and
prospective bidders or proposers; (2) on award, the unsuccessful bidder or
proposer with a direct economic interest in the outcome of their protest.
OCSD-47-28
10/26532
Mailing means transmission by United States Postal Service, electronic mail, or
facsimile.
Negotiated Procurement means a selection process whereby the Purchasing
Manager identifies one or more prospective Contractors of his or her choice,
negotiates with one or more of them, and awards the Contract to one of them
based on the best interest of the District.
Notice Inviting Bids/Invitation for Bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
Procurement means buying, purchasing, renting, leasing, or otherwise acquiring
any goods, services, construction, construction services, or professional
services, including professional design services. It also includes all functions that
pertain to the obtaining of any goods, services, or construction, including
description of requirements, election and solicitation of sources, preparation and
award of contract, and all phases of contract administration.
Professional Services means (i) services provided by professionals that involve
specialized judgment, skill, and expertise, and (ii) incidental services that
professionals, and those in their employ, may logically or justifiably perform.
Professional Services include, but are not limited to, services provided by
accounting, financial, information technology, human resources consultation and
advocacy, legislative advocacy, and scientific research/consulting firms.
Professional Design Services means architectural, landscape architectural,
engineering, environmental, land surveying, or construction project management
services retained by the District in connection with, but not limited to,
construction, alteration, and/or repair projects.
Public Works/Public Works Project means a project involving the construction,
erection, or alteration of any type of structure, building, or improvement other
than sewerage maintenance or repair projects.
Purchasing Manager means the District's Contracts, Purchasing and Materials
Management Manager, or his or her designee(s).
Request for Proposals means all documents, whether attached or incorporated
by reference, utilized for soliciting proposals.
Request for Qualifications means a request for detailed information concerning
the qualifications of prospective Contractors.
Requisition means an approved written document making a request for Goods
and Services
OCSD-47-29
1042613 2
Responsible Bidder means a bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the requested services or project.
Responsive Bidder/Proposer means a bidder/proposer who has submitted a
bid/proposal which conforms in all material respects to the Notice Inviting
Bids/Invitation for Bids/Request for Proposals.
Services means the furnishing of materials, labor, time, or effort by a Contractor.
Services include both general services (janitorial, landscape, repair,
maintenance, etc.) professional services, and professional design services,
unless otherwise specified.
Sealed (Bids or Proposals) means the submittal of bids or proposals, either in
paper or electronic format, whereby the bid or proposal documents are opened at
a speck time and not before.
Sole Source Procurement means the acquisition of Goods and/or Services from
a single source.
Solicitation Protest Statement shall mean a written objection during the
solicitation phase of the procurement, which shall be submitted prior to the
bid/proposal due date as specified herein.
Standing Committee means one of the permanent committees designated by the
Board of Directors as "Standing Committees."
Task Order means a written document pursuant to a Contract issued by the
Purchasing Manager which provides for the issuance of orders, containing a
defined budget, scope of services, and schedule, and authorizes a Contractor to
incur a specked amount for the performance of tasks.
Article 10. Miscellaneous
Section 10.01. Noncompliance
Any Contract entered into which fails in any respect to comply with the provisions
of this Ordinance may be voided by the Board of Directors in its sole and
absolute discretion. Any employee who willfully and knowingly violates any
provision of this Ordinance may be subject to disciplinary action.
Section 10.02. Effective Date
This Ordinance No. OCSD-47 shall take effect June 1, 2015, upon adoption by
the Board of Directors.
Section 10.03. Repeal of Ordinance No. OCSD-44.
OCSD-47-30
IM26532
Ordinance No. OCSD-44, entitled "An Ordinance of the Board of Directors of
Orange County Sanitation District Establishing Requirements and Procedures for
the Purchase of Goods, Services, and Public Works Projects" is hereby repealed
in its entirety.
Section 10.04. Certification and Publication.
The Clerk of the Board shall certify to the adoption of this Ordinance, and shall
cause a summary to be published in a newspaper of general circulation within 15
days as required by law.
PASSED AND ADOPTED by a majority of th,g Board of Directors of the Orange County
Sanitation District at a Regular Meeting held u, 2015.
Tom Beamish
Chairman of the Board of Directors
Jel
T:
eBoard
APPROVED AS TO FORM:
Bradle ogin
General Counsel
OCSD-47-31
1042653.2
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-47 was introduced for
first reading at a regular meeting of said Board on the 25th day of March, 2015, and
passed and adopted at a regular meeting of said Board on the 22nd day of April, 2015,
by the following vote, to wit:
AYES: Bartlett, Beamish, Choi, Deaton, Ferryman, Hupp (Alternate)
Jones, Katapodis, Kiley, Kim, Kring, Mills, Nagel, Sebourn,
Shawver, F. Smith, T. Smith, Tinajero, Underhill (Alternate)
and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Curry, Diep, R. Murphy, Nielsen and Withers
IN WITNESS WHERa&07�
EOF, I have hereunto set my hand this 23'" day of April, 2015.
Kell A. LPYU
Cle of tV Board
Orange County Sanitation District
OCSD47-32
IN2653.2