Explanation
BACKGROUND: For the option to purchase Vaccines for all the Health Department, the largest user, and other agencies. The term of the proposed option contract would be from the date of execution for one (1) year with the option to extend for two additional one-year agreements.
The Purchasing Office solicited 23 vendors for the purchase of vaccines (SA001571). Of those solicited, 1 had certified MBE status and 1 had certified FBE status. The formal bid opened March 17, 2005. There was one proposal received (MBE:0; FBE:0).
The proposal was deemed non-responsive due to additional terms and conditions being submitted. The Health Department, the largest user, requested that SA0001571 be cancelled. The Purchasing Office previously opened SA001363 that resulted in two contracts leaving four items not awarded. Since two formal bid proposals have not yielded responsive bids for three of the items, (vaccins for Hepititis A, B, and A/B) and time is of the essence, the Health Department is requesting that the proposal from SmithKline Beecham Corp. d/b/a/ GlaxoSmithKline be considered on an informal basis and a contract established as they are the only responsible and best bid.
The Purchasing Office is recommending award of a contract to the only responsible and best bid:
SmithKline Beecham Corp. d/b/a/ GlaxoSmithKline, MAJ, CC#23-1099050
Estimated Annual Expenditure: $49,432.00
The company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery certified search. 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 Purchasing Contract Account. All 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 Director to enter into a contract for an option to purchase Vaccines with SmithKline Beecham Corp. d/b/a/ GlaxoSmithKline, to authorize the expenditure of one dollar to establish the contract from the Purchasing/Contract Operation Fund, to waive formal competitive bidding requirements, and to declare an emergency. ($1.00)
Body
WHEREAS, the Purchasing Office advertised and solicited formal bids on March 17, 2005; and
WHEREAS, SmithKline Beecham Corp. d/b/a/ GlaxoSmithKline's bid was non-responsive and the City rejected the bid and is reconsidering the proposal on an informal basis; and
WHEREAS, this ordinance addresses Purchasing objectives 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, in order to avoid a lapse in our ability to provide Vaccines, this is being submitted for approval as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the Health Department in that it is immediately necessary to enter into a contract for an option to purchase Vaccines, 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 Director be and is hereby authorized and directed to enter into a contract for an option to purchase Vaccines in accordance with the informally negotiated proposal pursuant to Solicitation No. SA001571 as follows: SmithKline Beecham Corp. d/b/a/ GlaxoSmithKline, Items: 1-3.
SECTION 2. That the expenditure of $1.00 is hereby authorized from Purchasing Contract Account, 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 Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Sections 329.06 (Formal Competitive Bidding) of the Columbus City Code
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.