Explanation
BACKGROUND:
On January 28, 2005, the Mayor released his "Get Green Columbus" initiative. The guidance document laid out how the city will change its operations to improve efficiency and environmental sensitivity. It directs city agencies to use the city's purchasing power and investment incentive to encourage job creation and it provides a framework for the entire community to unite to solve these challenges.
As part of this initiative, the city will promote buying environmentally preferable products by adopting changes to our procurement code to assure that when practical, we are purchasing materials, supplies, equipment, construction and services which are environmentally preferable. Purchasing these materials not only will preserve natural resources and help keep materials out of the landfill, but it also will leverage the city's buying power to help nurture the marketplace for environmentally preferable products.
The Purchasing Office will educate vendors and city agency staff regarding this City Code change. This will include notification of the change on vendor registration and open bid solicitation websites, appropriate language in procurement documents and vendor training in appropriate commodity areas. City fiscal staff will be educated at an internal cooperative purchasing meeting prior to the implementation date.
Amending Chapter 329 of the Columbus City Codes, 1959 will encourage the implementation of policies and procedures designed to promote the procurement of materials, supplies, equipment, construction and services from environmentally preferable bidders or offerors. Chapter 329 is also being amended to correct all references to the procurement definitions described in Section 329.04 throughout the entire Chapter and to change all language specifying the "finance" director to the "finance and management" director which were not previously changed pursuant to Ordinance 1102-2005, passed July 28, 2005.
FISCAL IMPACT:
No specific funding is required for this legislation. Departments will be required to obtain necessary approvals to expend their own appropriations for purchases impacted by this legislation.
Title
To amend various sections of Chapter 329 of the Columbus City Codes, 1959 to provide for the purchase of materials, supplies, equipment, construction and services from environmentally preferable bidders or offerors.
Body
WHEREAS, it is desirable that the City improve recycling and reduce solid waste by buying environmentally preferable products, address outdoor air quality by purchasing better performing vehicles, and promote environmentally preferable business by helping to build an environmentally preferable market;
WHEREAS, the city purchasing code is an important vehicle to promote and encourage environmental stewardship through leveraging the city's own buying power; and
WHEREAS, Chapter 329 of the Columbus City Codes, 1959 must be amended to provide for the purchase of materials, supplies, equipment, construction and services from environmentally preferable bidders or offerors, when practical; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Sections 329.04, 329.05, 329.06, 329.07, 329.08, 329.09, 329.13, 329.14 and 329.30 of Chapter 329 of the Columbus City Codes, 1959 are hereby amended as follows:
329.04 Definitions.
(a) Best Bidder. The bidder who, considering all factors set forth in this chapter connected with the contract being bid on is, on the whole, the bidder whom economy dictates will be best for the public.
(b) Bidder. An individual or business entity which has expressed an interest in obtaining a city contract by responding to an invitation for bids.
(c) City Agency. Any department of the government of the City of Columbus.
(d) Contract. Any agreement for the procurement of materials, supplies, equipment, construction, service or professional service made between a city agency and a contractor.
(e) Construction Contract. Any agreement for the procurement of services, including labor and materials, for the construction, reconstruction and maintenance of public improvements, including but not limited to streets, highways, bridges, sewers, water lines, power lines and plant facilities.
(f) Contractor. Any individual or business entity which has a contract with a city agency.
(g) Director. The chief officer of any city agency.
(h) Electronic Signatures. The receipt of any authorized signature by any photographic, photostatic, or mechanical, computer-generated or digital means.
(i) Environmentally Preferable Bidder or Offeror. A bidder or offeror whose bid or offer consists of materials, supplies, equipment, construction and/or services which have a lesser or reduced effect on human health and the environment when compared to competing materials, supplies, equipment, construction and services that serve the same purpose. This comparison may consider any aspect of the procurement cycle, including but not limited to raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the material, supply, equipment, construction or service. To be considered an environmentally preferable bidder or offeror, the bidder or offeror must clearly specify in the invitation for bid how their materials, supplies, equipment, construction or services qualify their bid or offer as "environmentally preferable".
(i) (j) Life Cycle Costs. The cost of operating and maintaining an item or equipment over the duration of its useful life.
(j) (k) Local Bidder. An individual or business entity: (1) whose principal place of business is located within the corporation limits of the city of Columbus or the county of Franklin as registered in official documents filed with the Secretary of State, state of Ohio, or Franklin County recorder's office; or (2) who holds a valid vendor's license which indicates that its place of business is located within the corporation limits of the city of Columbus or county of Franklin.
(k) (l) Not-for-Profit Contract. An agreement for the delivery of services to the public, which are not currently performed or provided by an existing city agency, for maintaining or improving the health and welfare of the citizens of the city of Columbus, which is made between a city agency and another governmental agency or a not-for-profit organization as recognized by the Internal Revenue Service, the Department of Housing and Urban Development, or any other applicable federal or state agency, which is not in direct competition with a private for-profit organization capable of delivering the same services.
(l) (m) Offeror. An individual or business entity which has expressed an interest in obtaining a city contract by responding to a request for statements of qualifications or request for proposals.
(m) (n) Procurement. The buying, purchasing, renting, leasing or acquisition by any other manner of any materials, supplies, equipment, construction, service or professional service.
(n) (o) Professional Service. A service which usually requires advanced training and/or a significant degree of expertise to perform, and which often requires official certification or authorization by the state as a condition precedent to the rendering of such service. By way of example, professional services include the personal services rendered by architects, attorneys-at-law, certified public accountants, financial consultants, city and regional planners, management consultants and professional engineers.
(o) (p) Responsible Bidder. A bidder who has the capability, capacity, facilities, equipment and personnel needed to fully perform the contract requirements, and the experience, integrity, reliability and credit which will assure good faith performance of the contract requirements and compliance with any minority business enterprise, female business enterprise, and equal business opportunity programs or good faith efforts to comply with such programs adopted by the city of Columbus.
(p) (q) Responsible Wage and Health Insurance Benefit. The wage paid to a bidder's employees for custodial, landscaping, guard and security services, cleaning and recycling services rendered to any city of Columbus government agency shall be equal or better than the wage actually paid to the lowest paid city of Columbus government full-time employee per the city's effective contracts with its bargaining units. In addition to this wage, the bidder shall provide its employees with a health insurance benefit.
(q) (r) Responsive Bidder. A bidder who has submitted a bid which conforms in all material respects to the requirements set forth in an invitation for bids.
(r) (s) Universal Term Contract (UTC). An agreement authorized by ordinance of city council and established by the director of finance and management or designee, for the option to purchase or sell an estimated amount of goods or services at a specified rate or price schedule for a specified time period.
329.05 Competitive sealed bidding the required procurement method.
The procurement of all materials, supplies, equipment, construction, service and professional service shall be conducted in accordance with the provisions of Section 329.06 unless otherwise provided in Sections 329.07, 329.08, 329.09, 329.10, 329.11, 329.12, 329.13, 329.14, 329.15, or 329.26 or 329.31.
329.06 Competitive sealed bidding.
(a) The establishment of universal term contracts and/or the procurement of all materials, supplies and equipment shall be conducted under this section as follows:
(1) The director of finance and management or designee shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The director of finance and management or designee shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The director of finance and management or designee may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the director of finance and management or designee deems appropriate.
(4) The bids shall be opened and publicly read by the director of finance and management or designee at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) After consulting with the city agency, the director of finance and management or designee shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director of finance and management or designee shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest, or to any bidder not recommended by the city agency.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidder's compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non local bidder or twenty thousand dollars ($20,000.00), whichever is less.
(9) All contractors submitting a bid to or entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(10) No contract awarded under this section shall be effective until approved by ordinance of city council.
(b) The procurement of all service contracts except construction, custodial, landscaping, guard and security services, cleaning and recycling services, and professional services shall be conducted under this section as follows:
(1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.
(4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidder's compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city of Columbus is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non local bidder or twenty thousand dollars ($20,000.00), whichever is less.
(9) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(10) No contract awarded under this section shall be effective until approved by ordinance of city council.
(c) The procurement of all custodial, landscaping, guard and security service, cleaning and recycling service contracts shall be conducted under this section as follows:
(1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.
(4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to:
(a) The bidder's compliance with city taxes on payroll and net profits. Compliance shall be evidenced in an affidavit of no outstanding city income tax obligation.
(b) The bidder's compliance with federal, state or local laws or regulations regarding safety and health, fair labor standards, minimum wage levels; unemployment and worker's compensation.
(c) The bidder's compliance with any affirmative action programs or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the best bidder for the purposes of awarding a contract for this section, consideration shall also be given to the following:
(a) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County.
(b) That the bidder shall pay a responsible wage and provides its employees a health insurance benefit as defined in Section 329.04 to the employees proposed to directly perform the work specified in the city bid solicitation.
(c) For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders that employ twenty five (25) or fewer full-time people. For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders where the city solicits the bids for these services in accordance with Section 329.07 (d) procurement of materials supplies, equipment, and services other than construction and professional services not exceeding twenty thousand dollars ($20,000.00).
(9) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder, as defined in Section 329.04(j-k), shall receive credit equal to one (1) percent of the lowest bid submitted by a non-local bidder or twenty thousand dollars ($20,000.00), which is less.
(10) The finance and management director or designee, in consultation with the directors of city agencies authorized to enter into contracts services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of submittals for the purpose of evaluating the considerations herein. The submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The bid specifications shall contain the prescribed form. The finance and management director or designee shall annually provide to city agencies the value of the responsible wage.
(11) The city agency shall maintain in the contract file a record of this evaluation for the purposes of determining the lowest responsive, responsible and best bidder awarded the contract.
(12) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(13) No contract awarded under this section shall be effective until approved by ordinance of city council.
329.07 Exceptions to competitive sealed bidding.
(a) Procurement of Commodities with Fixed Prices. City agencies shall have general authority to purchase items for which fixed prices prevail, such as utility services, memberships, subscriptions, professional organization certifications, and postage stamps, without complying with the provisions of Section 329.06 or any other procurement procedure specified in this chapter.
(b) Petty Cash Fund Purchases. The director of any city agency in which a petty cash fund has been established may authorize expenditures for individual purchases not in excess of five hundred dollars ($500.00). No expenditures shall be made from petty cash funds for items available in the purchasing office storerooms, copy and print shop, or universal term contract. No purchase shall be artificially divided into smaller purchases to avoid the provisions of competitive bidding in this chapter.
(c) Procurement Not Exceeding One Thousand Dollars ($1,000.00).
(1) A city agency may enter into contract on behalf of the city without complying with the provisions of Section 329.06 and 329.07(d) when the total expenditure under any single contract do not exceed one thousand dollars ($1,000.00) within any fiscal year. In awarding a contract under this section the city agency shall, where appropriate, undertake reasonable measures to provide for competition among potential contractors. No purchase shall be artificially divided to avoid the provisions of Section 329.06 or 329.07(d).
(d) Procurement of Materials, Supplies, Equipment, and Services Other Than Construction and Professional Services not Exceeding Twenty Thousand Dollars ($20,000.00).
(1) The director of finance and management or designee may enter into contracts on behalf of the city for the procurement of materials, supplies, equipment and services, other than construction and professional services, without complying with the provisions of Section 329.06 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. However, expenditures of bond funds are subject to Ohio R.C. 5705.41. Unless manifestly impractical, the finance and management director or designee shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The finance and management director or designee shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.06.
(2) A city agency may enter into contracts on behalf of the city for service contracts, other than construction and professional services, without complying with the provisions of Section 329.06 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. Unless manifestly impractical, the city agency shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The city agency shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.06.
(3) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder (as defined in Section 329.04(j k), shall receive credit equal to five (5) percent of the lowest bid submitted by a non-local bidder, where bids do not exceed twenty thousand dollars ($20,000.00).
(e) Sole Source Procurement.
(1) A city agency may award a contract without complying with the provisions of Section 329.06 when, after conducting reasonable investigation, the director of finance and management or designee and city agency determine that only one (1) individual or business entity is capable of supplying the required materials, supplies, equipment or services. After negotiating a contract with the contractor, the city agency shall submit legislation to city council requesting approval of the contract. In its submission to city council, the city agency shall explain or describe in writing: (1) why no other individual or business entity is capable of supplying the needed materials, supplies, equipment or services; (2) what efforts were undertaken to obtain other bidders or offerors; and (3) how the price or fee structure for the contract was determined. This explanation shall become part of the contract file.
(2) Any city agency awarding a contract under this section shall submit a record of the contract to the director of finance and management or designee in a format specified by the director of finance and management or designee. The director of finance and management or his designee shall maintain a public record of all contracts awarded under this subsection, including those contracts awarded by the director of finance and management or designee. For each contract, the record shall clearly state the city agency involved, the contract identification number, the contractor's identity and the amount of the contract. The record shall also describe the materials, supplies, equipment and/or service procured under the contract.
(3) As appropriate, this procurement method may be used by the director of finance and management or designee to establish a universal term contract (UTC).
(f) Not-for-Profit Service Contracts Exceeding Twenty Thousand Dollars ($20,000.00).
(1) Not-for-profit service contracts as defined in Section 329.04(k l) which exceed twenty thousand dollars ($20,000.00) shall be awarded by the processes specified in Section 329.15.
(g) Procurement from a Universal Term Contract not Exceeding One Hundred Thousand Dollars ($100,000.00).
(1) The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.06, where there exists a universal term contract for that good or service, so long as total expenditures do not exceed one hundred thousand dollars ($100,000.00) in any fiscal year for that agency from the specified universal term contract.
(h) Procurement from Universal Term Contract Exceeding One Hundred Thousand Dollars ($100,000.00).
(1) The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.06 where there exists a universal term contract for that good or service and total expenditures in any fiscal year for that agency from the specific universal term contract will or do exceed one hundred thousand dollars ($100,000.00), only if the procurement is approved by ordinance of city council.
(i) The procurement of construction services shall be in accordance with the provisions of Sections 329.08 and 329.09.
(j) The procurement of professional services shall be in accordance with the provisions of Sections 329.10, 329.11, 329.12, 329.13 and 329.14.
329.08 Process for awarding construction service contracts not exceeding twenty thousand dollars ($20,000.00).
A city agency may enter into contracts on behalf of the city for the procurement of construction services without complying with the provisions of Section 329.09 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. Unless manifestly impractical, the city agency shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The city agency shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.09.
(1) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder.
(2) In determining the lowest responsive and responsible and best bidder, consideration shall be given to:
(a) The bidder's compliance with city taxes on payroll and net profits. Compliance shall be evidenced in an affidavit of no outstanding city income tax obligation;
(b) The bidder's compliance with federal, state or local laws or regulations regarding safety and health, fair labor standards, minimum wage levels, unemployment and worker's compensation.
(c) The bidder's compliance with any affirmative action programs or minority business enterprise, female business enterprise or equal business opportunity programs, which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(3) In determining the best bidder for the purposes of awarding a contract for this section, consideration shall also be given to the following:
(a) Whether the bidder has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted.
(b) Whether the bidder has a record for complying with and meeting completion deadlines and successfully controlling costs bid on similar construction projects. This consideration includes a review of the bidder's recent experience record in the construction idustry such as the original contraprice for each construction job undertaken by the bidder, the amount of any change orders for the job or cost overruns on each job undertaken by the bidder, and the reason for the change orders or cost overruns.
(c) Whether the bidder has a record of claims against performance bonds secured on public improvement construction projects by the bidder and an explanation of the reason foraims.
(d) Whether tebidder draws its emploees mainly from Columus Franklin County or counties cguous to Franklin County.
(e) Whether th bidder's employees are experienced in the area of construction service for which the bid was submitted.
(f) Whether the bidder's employees participate in a bona fide apprenticeship program that is approved by the Ohio State Apprenticeship Council and the United States Department of Labor if such apprenticeship programs are available.
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(g) Whether the bidder provides employee health insurance and a retirement or pension plan; however, a bidder may be exempted from this provision for no more than two (2) successive contracts.
(4) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder, as defined in Section 329.04(j k), shall receive credit equal to five (5) percent of the lowest bid submitted by a non-local bidder, where bids do not exceed twenty thousand dollars ($20,000.00).
(5) The finance and management director or designee, in consultation with the directors of city agencies authorized to enter into contracts for construction services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of submittals for the purpose of evaluating the considerations herein. The submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The bid specifications shall contain the prescribed form.
(6) The city agency shall maintain in the contract file a record of this evaluation for the purposes of determining the lowest responsive, responsible and best bidder awarded the contract.
(7) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
329.09 Process for awarding construction service contracts exceeding twenty thousand dollars ($20,000.00).
The procurement of construction service contracts anticipated to cost in excess of twenty thousand dollars ($20,000.00) shall be conducted under this section as follows:
(1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same and such other relevant information as the city agency deems appropriate.
(4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder.
(6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to:
(a) The bidder's compliance with city taxes on payroll and net profits. Compliance shall be evidenced in an affidavit of no outstanding city income tax obligation.
(b) The bidder's compliance with federal, state or local laws or regulations regarding safety and health, fair labor standards, minimum wage levels; unemployment and worker's compensation.
(c) The bidder's compliance with any affirmative action programs or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the best bidder for the purposes of awarding a contract for this section, consideration shall also be given to the following:
(a) Whether the bidder has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted;
(b) Whether the bidder has a record for complying with and meeting completion deadlines and successfully controlling costs bid on similar construction projects. This consideration includes a review of the bidder's recent experience record in the construction industry such as the original contract price for each construction job undertaken by the bidder, the amount of any change orders for the job or cost overruns on each job undertaken by the bidder, and the reason for the change orders or cost overruns;
(c) Whether the bidder has a record of claims against performance bonds secured on public improvement construction projects by the bidder and an explanation of the reason for claims;
(d) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County;
(e) Whether the bidder's employees are experienced in the area of construction service for which the bid was submitted;
(f) Whether the bidder's employees participate in a bona fide apprenticeship program that is approved by the Ohio State Apprenticeship Council and the United States Department of Labor if such apprenticeship programs are available; and
(g) Whether the bidder provides employee health insurance and a retirement or pension plan.
(9) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder, . as defined in Section 329.04(j k), shall receive credit equal to one (1) percent of the lowest bid submitted by a non-local bidder, where bids exceed twenty thousand dollars ($20,000.00).
(10) The finance and management director or designee, in consultation with the directors of city agencies authorized to enter into contracts for construction services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of submittals for the purpose of evaluating the considerations herein. The submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The bid specifications shall contain the prescribed form.
(11) The city agency shall maintain in the contract file, a record of this evaluation for the purposes of determining the lowest responsive, responsible and best bidder awarded the contract.
(12) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(13) No contract awarded under this section shall be effective until approved by ordinance of city council.
329.13 Awarding professional service contracts through requests for statements of qualifications.
Professional service contracts shall be awarded under this section as follows:
(a) Prior to initiating the selection process, the city agency shall send a written notice to city council which: (1) states that the city agency anticipates awarding a professional service contract expected to cost in excess of fifty thousand dollars ($50,000.00); and (2) describes the project for which the service is needed.
In this notice, the city agency shall also explain or state: (1) why the needed professional service(s) cannot be provided by existing city employees; (2) the frequency with which such services have been needed in the past and the anticipated need for such services in the future; and (3) whether it would be cost effective for the city to hire city employees to provide the required service in the future.
(b) The city agency shall prepare a request for statements of qualifications (hereinafter "RFSQ"). The RFSQ shall include: (1) a general description of the project; (2) a statement of the city agency's needs and requirements; (3) a list of criteria by which offerors will be evaluated; and (4) notice of any offeror's meeting or conference that will be held; and (5) where the city agency intends to evaluate offers using the environmentally preferable factor, the RFSQ shall so indicate that intention.
The evaluation criteria for any contract awarded under this section shall include, but need not be limited to, the following: (1) the competence of the offeror to perform the required service as indicated by the technical training, education and experience of the offeror's personnel who would be assigned to perform the work; (2) the ability of the offeror to perform the required service competently and expeditiously as indicated by the offeror's workload and the availability of necessary personnel, equipment and facilities; and (3) past performance of the offeror as reflected by the evaluations of the city agency, other city agencies and other previous clients of the offeror with respect to such factors as quality of work, success in controlling costs, and success in meeting deadlines; and (4) an environmentally preferable factor except when there is not an environmentally preferable manner in which to carry out the purpose of the contract.
(c) The city agency shall give notice of the RFSQ by advertisement in the Columbus City Bulletin. Such advertisement shall be published at least one (1) week prior to the deadline by which offerors must submit statements of qualifications (hereinafter "SOQ"). The city agency may also advertise in newspapers, professional and trade publications, and other appropriate publications. The city agency may also contact potential offerors directly.
(d) The city agency shall form an evaluation committee (hereinafter "committee") to evaluate SOQs received. The committee shall consist of an odd number of members, no less than three (3), selected from the city agency, other city agencies or both. The committee may also include noncity employees so long as neither they, nor any member of their families, nor any of their business associates have an interest in the contract being awarded. Unless manifestly impractical, at least one (1) member of the selection committee shall hold the same professional license or certification required by the offerors. The agency may elect to utilize two (2) separate committees, one (1) for section (e) below, and one (1) for sections (f), (g) , and (h) below.
(e) The committee shall evaluate all SOQs received based upon the evaluation criteria specified in the RFSQ. On the basis of these evaluations, the committee shall select three (3) or more of the highest qualified offerors for further consideration. If the committee received less than three (3) SOQs, or determines that fewer than three (3) offerors are qualified to perform the required service, then the committee may select less than three (3) offerors for further consideration, or cancel the selection process.
(f) The committee shall request technical proposals from each of the offerors selected for further consideration. The committee may also request that all offerors selected for further consideration make a presentation to the committee to elaborate upon their technical proposals, statements of qualifications, and/or any other pertinent information. The committee may permit revision of proposals so long as all offerors who have been selected for further consideration are given equal opportunity to revise their proposals.
(g) The committee shall rank all remaining offerors based upon the quality and feasibility of their proposals and any revisions thereto.
(h) The committee shall submit its ranking of the offerors, along with a written explanation of the basis for the ranking, to the director of the city agency. The ranking and written explanation shall become part of the contract file.
(i) The director of the city agency shall have discretion consistent with appropriate departmental and/or citywide administrative rules in selecting the offeror with which to enter into contract negotiations. The city agency shall enter into contract negotiations with the selected offeror to determine the terms and conditions of the contract, including compensation to be paid by the city. If negotiations fail, negotiations with this offeror shall be terminated, and the city agency shall enter into contract negotiations with another offeror as selected by the director. This process shall continue until a contract is successfully negotiated. If the city agency is unable to successfully negotiate a contract with any of the contractors, it may cancel the selection process.
(j) After successfully negotiating a contract, the city agency shall submit legislation to city council requesting approval of the contract. In its request for approval, the city agency shall identify the contractors who were selected for further consideration under subsection (e), and shall explain the basis for the selection of the chosen contractor. No contract awarded under this section shall be effective until approved by ordinance of city council.
329.14 Awarding professional service contracts through requests for proposals.
Professional service contracts shall be awarded under this section as follows:
(a) Prior to initiating the selection process, the city agency shall send a written notice to city council which: (1) states that the city agency anticipates awarding a professional service contract expected to cost in excess of fifty thousand dollars ($50,000.00); and (2) describes the project for which the service is needed.
In this notice, the city agency shall also explain or state: (1) why the needed service or services cannot be provided by existing city employees; and (2) the frequency with which such services have been needed in the past and the anticipated need for such services in the future; and (3) whether it would be cost effective for the city to hire city employees to provide the required service in the future.
(b) The city agency shall prepare a request for proposals (hereinafter "RFP"). The RFP shall include: (1) a general description of the project; (2) a statement of the city agency's needs and requirements; (3) a list of criteria by which offerors and proposals will be evaluated; and (4) notice of any offeror's meeting or conference that will be held; and (5) where the city agency intends to evaluate offers using the environmentally preferable factor, the RFP shall so indicate that intention.
The evaluation criteria for any contract awarded under this section shall include, but need not be limited to, the following: (1) the competence of the offeror to perform the required service as indicated by the technical training, education and experience of the offeror's personnel who would be assigned to perform the work; (2) the quality and feasibility of the offeror's technical proposal; (3) the ability of the offeror to perform the required service competently and expeditiously as indicated by the offeror's workload and the availability of necessary personnel, equipment and facilities; and (4) past performance of the offeror as reflected by evaluations of the city agency, other city agencies and other previous clients of the offeror with respect to such factors as quality of work, success in controlling costs, and success in meeting deadlines; and (5) an environmentally preferable factor except when there is not an environmentally preferable manner in which to carry out the purpose of the contract.
(c) The city agency shall give notice of the RFP by advertisement in the Columbus City Bulletin. Such advertisement shall be published sufficiently in advance of the deadline for submission of proposals to allow offerors an adequate opportunity to submit a proposal given the nature and size of the project. In no case shall the advertisement be made less than seven (7) days in advance of the deadline for submission of proposals. The city agency may also advertise the REP in newspapers, professional and trade publications, and any other appropriate publications. The city agency may also contact potential offerors directly.
(d) The city agency shall appoint an evaluation committee (hereinafter "committee") to evaluate proposals received. The committee shall consist of an odd number of members, no less than three (3), selected from the city agency, other city agencies, or both. Unless manifestly impractical, at least one (1) member of the selection committee shall hold the same professional license or certification required by the offerors. The committee may also include noncity employees so long as neither they, nor any member of their families, nor any of their business associates have an interest in the contract being awarded.
(e) The committee shall evaluate all offerors and proposals received and rank the offerors based upon the evaluation criteria specified in the RFP. The committee may select two (2) or more of the highest qualified offerors with which to hold additional discussions. Offerors not selected for further discussions may be excluded from further consideration for the contract upon notification by the committee or city agency.
The discussions identified in this subsection may include, but are not limited to, presentations by the offerors to the committee to elaborate upon their qualifications, proposals, and/or other pertinent information. The committee may permit revisions of proposals so long as all offerors who are selected for additional discussions are given equal opportunity to revise their proposals.
(f) Based upon the content of the proposals received including any revisions thereto, and upon any additional discussions with the offerors the committee shall rank the remaining offerors based upon the evaluation criteria specified in the RFP.
(g) The committee shall submit its ranking of the offerors along with a written explanation to the director of the city agency. The ranking and written explanation shall become part of the contract file.
(h) The director of the city agency shall have discretion consistent with appropriate departmental and/or citywide administrative rules in selecting the offeror with which to enter into contract negotiations. The city agency shall enter into contract negotiations with the selected offeror to determine the terms and conditions of the contract, including compensation to be paid by the city. If negotiations fail, negotiations with this offeror shall be terminated, and the city agency may enter into contract negotiations with another offeror as selected by the director. This process may continue until a contract is successfully negotiated.
(i) After successfully negotiating a contract, the city agency shall submit legislation to city council requesting approval of the contract. In its request for approval, the city agency shall explain the basis for the selection of the chosen contractor. No contract awarded under this section shall be effective until approved by ordinance of city council.
329.30 Sale of city-owned personal property.
(a) All personal property of the city no longer needed for public use shall be sold by the director of finance and management or designee upon written recommendation of the director of the city agency having control of such property. Such property shall first be offered for sale or transfer to any other city agency at its present value. If not sold to another city agency, such property shall be sold to the highest bidder in a manner prescribed by the director of finance and management or designee.
(b) All personal property of the city no longer needed and of value due to its recyclable materials content may be collected by the city or its contractor and may be sold to the highest bidder in a manner prescribed by the director of finance and management or designee.
SECTION 2. That new Section 329.31 of the Columbus City Codes, 1959 be and is hereby enacted as follows:
329.31 Environmentally preferable purchasing.
(a) City agencies will develop specifications to encourage the purchase of materials, supplies, equipment, construction and services from an environmentally preferable bidder or offeror unless there is not an environmentally preferable manner in which to carry out the purpose of the contract. The goal of such purchasing is to not only preserve and conserve natural resources and to help keep materials out of the solid waste stream, but to also leverage the city's buying power to nurture the marketplace for recycled and recyclable products.
(b) In evaluating bids or offers for materials, supplies, equipment, construction and services, preference will be given to an environmentally preferable bidder who offers a product or service equal to or superior to that of a non-environmentally preferable bidder or offeror where the environmentally preferable bid or offer does not exceed by more than 5% (up to a maximum of $20,000) the lowest responsive and responsible and best bid from any non-environmentally preferable bid or offer. The environmentally preferable bidder will be required to demonstrate to the city agency procuring the product or service how their bid is equal to or superior to that of a non-environmentally preferable bidder. Where the bidder or offeror is local, the applicable credit for a local bidder or offeror shall be calculated first.
SECTION 3. That this ordinance shall take effect and be in force 180 days after its passage and approval by the Mayor.