Explanation
BACKGROUND: For the option to establish a UTC contract to purchase Replacement Radio Batteries for the Division of Support Services, the largest user to and including September 30, 2013. These Replacement Radio Batteries will be utilized by all City agencies for replacement and new 800MHz, UHF and VHF radio battery purchases. Motorola Inc., is the lowest responsive, responsible bidder meeting the quality standard specified within the bid specifications of formal bid SA003680. Five (5) bidders submitted bids that were lower in price but did not meet the quality standard specified. The term of the proposed option contract would be three (3) years, expiring September 30, 2013, with the option to renew for one (1) additional year.
The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (Solicitation SA003680) Eight-nine (89) (MBE:1, FBE:0) bids were solicited; A total of nine (9) bid proposals (MBE:0, FBE:0) were received.
Talley Inc., Battery Zone Inc., Sutton Battery, Power Products Unlimited, and Holzberg Communications each submitted alternate brands of batteries. The City obtained testing data for each of these brands including drop test, vibration test, and electrostatic discharge test. Each of these bids were rejected as none of the results met the quality standard established by the testing of the Motorola brand battery. Two other bidders, Utility Communications, ComProducts and Kevin Lehr Associates were rejected for submitting incomplete bids. Motorola Inc., was rejected for submitting additional terms and conditions conflicting with the specifications.
Upon consultation with the Public Safety Director, a waiver is requested to award all items to Motorola Inc. providing the City with the required product quality and accepting a proposal with the cost being 25% lower than other bidders of equal quality. The Purchasing Office has negotiated terms and conditions with Motorola Inc., and completed a contract proposal document:
Motorola Inc., CC#361115800 (Expires 04/08/2012)
Total Estimated Annual Expenditure: $100,000.00
This company is not debarred according to the Federal Excluded Parties Listing or the State Auditor's Findings For Recovery Database.
This ordinance is being submitted as an emergency because, without emergency action, no less than 37 days will be added to this procurement cycle and the efficient delivery of valuable public services will be slowed.
FISCAL IMPACT: Funding to establish this option contract is budgeted in the Mail, Print Services and UTC Fund Account. City Agencies will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize and direct the Finance and Management Director to enter into a contract for the option to purchase Replacement Radio Batteries with Motorola Inc., to waive the competitive bidding provisions of the Columbus City Codes; to authorize the expenditure of $1.00 to establish the contract from the Mail, Print Services and UTC Fund; and to declare an emergency. ($1.00)
Body
WHEREAS, the Purchasing Office and the Department of Public Safety has determined the necessity of waiving the requirements of 329.06; and
WHEREAS, it is in the best interest of the City of Columbus to waive the competitive bidding requirements for the purchase of Replacement Radio Batteries; and
WHEREAS, this ordinance addresses Purchasing objective of 1) maximizing the use of City resources by obtaining optimal products/services at low prices and 2) encouraging economic development by improving access to City bid opportunities and 3) providing effective option contracts for City agencies to efficiently maintain their supply chain and service to the public; and
WHEREAS, because Replacement Radio Batteries will be used to provide replacement radio batteries to maintain operation of existing radios throughout the City, this is being submitted for consideration as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the multiple City departments in that it is immediately necessary to enter into a contract for an option to purchase Replacement Radio Batteries , 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 & Management Director be and is hereby authorized and directed to enter into a contract for an option to purchase Replacement Radio Batteries with terms ending Spetember 30, 2013 with the option to extend the contract for one (1) additional one-year period, subject to mutual agreement, as follows:
Motorola Inc., All items, Amount: $1.00
SECTION 2. That the expenditure of $1.00 is hereby authorized from the Mail, Print Services and UTC Fund, Organization Level 1: 45-01, Fund: 05-517, Object Level 3: 2270, OCA: 451130, to pay the cost thereof.
SECTION 3. That in accordance with the Columbus City Codes, City Council has determined it is in the best interest of the City of Columbus that the bidding requirements be and hereby are waived for the action authorized in SECTION 1.
SECTION 4. That for the reason stated in the preamble here to, 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.