New purchasing and public project ordinances on the county’s
drawing board would exclude outright preferences for local
contractors, among other changes.
HOLLISTER
New purchasing and public project ordinances on the county’s drawing board would exclude outright preferences for local contractors, among other changes.
Provisions for local preferences in public procurement are facing legal challenges in many jurisdictions, and the county counsel’s office recommended omitting them until state and federal laws are clarified or changed, according to a report by Margie Riopel, county management analyst.
The proposed purchasing ordinance, however, will try to improve the definition of local businesses and include provisions to allow them to meet the lowest quote on solicited commodities, equipment and services. Those provisions would not apply to public projects.
Riopel presented the report to update the supervisors on the ongoing review of the purchasing ordinance adopted in March 2007. The report recommended several changes, including covering purchasing and public projects in separate ordinances to prevent confusion between the two functions, each of which has its own rules.
The Public Contract Code defines strict procurement rules for public projects including the formal and informal bidding processes.
“The current purchasing ordinance … causes some confusion as it speaks to purchasing and contracting terms simultaneously and they are very different,” Riopel told the supervisors.
Recommended changes to a new purchasing ordinance also include:
– Improve the definition of purchasing authority for purchasing agents.
– Approve higher expenditure limits for purchasing agents.
– Define records retention and require an annual report to the county board.
Recommended changes to a new public projects ordinance include:
– Appoint the Public Works Department as the lead agency for public projects.
– Public project contracts between $4,000 and $10,000 would use the informal or formal bidding procedure.
– Public project contracts of more than $10,000 use the formal bidding procedure.
– Public project awards shall go to the lowest responsive bidder.
