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File #: 0311-2013    Version: 1
Type: Ordinance Status: Passed
File created: 1/25/2013 In control: Technology Committee
On agenda: 2/11/2013 Final action: 2/14/2013
Title: To authorize the Finance and Management Director to enter into a UTC contract for the option to purchase Cisco Equipment and Smartnet Maintenance with Network Dynamics Incorporate, to authorize the expenditure of one (1) dollar to establish the contracts from the Mail, Print Services and UTC Fund, to waive the competitive bidding provisions, and to declare an emergency. ($1.00).
Attachments: 1. ORD0311-2012waiver.pdf
Explanation
 
BACKGROUND: This ordinance is for the option to purchase Cisco Equipment and Smartnet Maintenance for the Department of Technology. Cisco Equipment and Smartnet Maintenance provides the ability to purchase equipment and maintenance for various computer and connectivity projects (including VoIP) for all City agencies.
 
The term of the proposed option contract would be approximately three (3) years, with the option to extend the contract for two (2) additional one-year periods if mutually agreed upon.  The Contract is through June 30, 2016.  The Purchasing Office opened formal bids on November 29, 2012.
 
The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06, Solicitation SA004671.  Three-hundred Sixty three (363) bids were solicited (MBR: 8; F1: 4). Eight (8) bids were received.  
 
The apparent low bid was rejected because the bidder only included three of the four references as required by the bid specifications. However it was determined that the low bidder possesses sufficient experience in providing the required equipment and services. The Department of Technology estimates their savings in awarding to the low bidder to be approximately $90,000 annually, over awarding to the next lowest bidder. Therefore, this ordinance requests a waiver of the competitive bidding requirements of Columbus City Code, Section 329.06.  
 
The Purchasing Office is recommending award of the contract to the lowest and best bidder:
 
Network Dynamics, Inc. CC#363941419 (Expires November 7, 2014); All Items, $1.00
Total Estimated Annual Expenditure:  $1,500,000.00
 
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.  The 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 UTC contract for the option to purchase Cisco Equipment and Smartnet Maintenance with Network Dynamics Incorporate, to authorize the expenditure of one (1) dollar to establish the contracts from the Mail, Print Services and UTC Fund, to waive the competitive bidding provisions, and to declare an emergency. ($1.00).
 
Body
 
WHEREAS, the Purchasing Office advertised and solicited formal bids on November 29, 2012 and selected the lowest and best bid; and
 
WHEREAS, the low bidder was deemed non-responsive for to failing to include the number of references as required by the specifications but was deemed qualified by the Department of Technology and awarding to the low bidding will result in significant savings to the City, this ordinance requests a waiver of the competitive bidding requirements of Columbus City Code, Section 329.06; 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 Cisco Equipment and Smartnet Maintenance will be used to purchase equipment and maintenance for various computer and connectivity projects (including VoIP), this is being submitted for consideration as an emergency measure; and
 
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to enter into one (1) contract for an option to purchase the Cisco Equipment and Smartnet Maintenance to ensure the uninterrupted supply of materials and services, 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 to enter into the following contract for the option to purchase Cisco Equipment and Smartnet Maintenance for the term ending June 30, 2016, with the option to extend the contracts for two (2) additional one-year periods if mutually agreed upon, in accordance with Solicitation No. SA004671 as follows:
 
Network Dynamics, 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 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 Section 329.06 (Formal Competitive Bidding) of the Columbus City Codes.
 
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.