Explanation
BACKGROUND: For the option to purchase Diffuser Parts for the biggest user, the Division of Sewerage and Drainage. The term of the proposed option contract would be from the date of execution for two (2) years, ending December 31, 2007, with the option to extend for one additional year.
The Purchasing Office solicited 162 vendors for the purchase of Diffuser Parts (SA001685). Of those solicited, 1 had certified MBE status and 1 had certified FBE status. The formal bid opened July 21, 2005. There were three proposals received (MBE:0; FBE:0).
The company submitting the lowest bid was deemed non-responsive due to submission of bidders terms and conditions in conflict with the City's terms and conditions. The Division of Sewerage and Drainage, the largest user, requested that the City Attorney's office review their Terms and Conditions and try to resolve any unacceptable terminology. The Terms and Conditions have been reviewed, modifications made and the bidder has agreed in writing to the modification. The bids will now be considered on an informal basis and a contract will be established, as they are the lowest responsible and best bid received.
The Purchasing Office is recommending award of a contract to the lowest responsible and best bid:
Environmental Dynamics, Inc. MAJ, CC#43-1144201
Estimated Annual Expenditure: $200,000.00
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. The Division of Sewerage and Drainage will be required to obtain approval to expend from their own appropriations for their estimated annual expenditures.
Title
To authorize and direct the Finance & Management Director to enter into a contract for an option to purchase Diffuser Parts with Environmental Dynamics, Inc., 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 July 21, 2005; and
WHEREAS, Environmental Dynamics, Inc.'s bid was deemed non-responsive and the City is considering the bids 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 purchase Diffuser Parts, this is being submitted for approval as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the Purchasing Office in that it is immediately necessary to enter into a contract for an option to purchase Diffuser Parts, 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 Diffuser Parts in accordance with Solicitation No. SA001685 as follows: Environmental Dynamics, Inc., all items.
SECTION 2. That the expenditure of $1.00 is hereby authorized from Purchasing Contract Account, Organization Level 1: 45-50, Fund: 05-517, Object Level 3: 2270, OCA: 450020, 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.