Explanation
BACKGROUND: This legislation authorizes the Finance and Management Director to establish a Universal Term Contract (UTC) for the option to purchase Liquid Oxygen with Linde, Inc. The Division of Water is the sole user of Liquid Oxygen, used as an oxidation agent for potable water at two water treatment plants. The term of the proposed option contract would be approximately one (1) year, expiring March 31, 2023, with the option to renew for one (1) additional year. In addition, the expenditure of $1.00 is hereby authorized from General Budget Reservation BRPO001670.
The Purchasing Office advertised and solicited competitive bids in accordance with the relevant provisions of Columbus City Code 329 relating to competitive bidding, (Request for Quotation No. RFQ020598). The Purchasing Office opened formal bids on January 6, 2022. One (1) bid was received. The Vendor submitted their own terms and conditions which rendered the bid non-responsive. Both the Division of Water and City Attorney has reviewed and agreed to these changes. In addition, although bid as a three year contract, the vendor can only offer pricing for one year.
The Purchasing Office is recommending award to lowest, responsible and best bidder as follows:
Linde, Inc. CC# 000363 expires 1/20/24, Item 1 Only, $1.00
Total Estimated Annual Expenditure: $970,000, Division of Water, sole user
Emergency Designation: The Finance and Management Department respectfully requests this legislation be considered an emergency ordinance to ensure continued supply of this vital product.
This company is not debarred according to the Excluded Parties listing of the Federal Government and are not listed in the Auditor of States database for Findings for Recovery.
FISCAL IMPACT: The expenditure of $1.00 is hereby authorized from General Budget Reservation BRPO001670. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize the Finance and Management Director to enter into a contract for the option to purchase Liquid Oxygen with Linde, Inc.; to authorize the expenditure of $1.00 from General Budget Reservation BRPO001670; to waive the provisions of competitive bidding; and to declare an emergency. ($1.00)
Body
WHEREAS, the Liquid Oxygen UTC will provide for the purchase of liquid oxygen used as an oxidation agent for potable water at two water treatment plants; and,
WHEREAS, the Purchasing Office advertised and solicited formal bids on January 6, 2022; and
WHEREAS, the sole bidder, Linde, Inc., submitted alternate terms and conditions which, although acceptable, rendered their bid non-responsive; and
WHEREAS, it is in the City's best interest to waive the competitive bidding requirements in order to enter into this contract; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is necessary to authorize the Finance and Management Director to immediately enter into a Universal Term Contract for the option to purchase Liquid Oxygen to ensure continued supply of this vital product, thereby preserving the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Finance and Management Director is hereby authorized to enter into the following contract for the option to purchase Liquid Oxygen in accordance with Request for Quotation RFQ020598 for a term of approximately one (1) year, expiring March 31, 2023, with the option to renew for one (1) additional year, as follows:
Linde, Inc., Item 1 only, $1.00
SECTION 2. That this Council finds it is in the best interest of the City of Columbus to waive the relevant provisions of Columbus City Codes Section 329 to permit the aforementioned purchase.
SECTION 3. That the expenditure of $1.00 is hereby authorized from General Budget Reservation BRPO001670 of this ordinance to pay the cost thereof.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.