Explanation
BACKGROUND: To modify and extend the existing city-wide contract for the option to purchase Specialty and Industrial Gases, Group #3 Calibration Gases on an as needed basis for various City departments. These Calibration Gases are necessary to maintain the operations of various City agencies. The term of the proposed extension would be six (6) months expiring May 31, 2011. The Purchasing Office opened formal bids on June 8, 2006.
The Purchasing Office advertised and solicited competitive bids in accordance with Section 329.06 (Solicitation No. SA002024). The following contract was established in accordance with bids received:
FL003234 Airgas Great Lakes, Inc CC#382518089 (expires 8-23-2012)
The contract was modified to extend the term in accordance with the specifications until November 30, 2010 and a new bid was prepared and advertised. After the bid was opened and ordinance 1365-2010 authorizing the award of Group #3 Calibration Gases, was passed, the lowest responsive responsible and best bidder withdrew their bid. There being no other responsive bidders for these items, it is now necessary to extend this contract for six (6) months to allow for a new contract to be advertised and bid.
1. Amount of additional funds: The estimated annual expenditure for this contract is $30,000.00. Various city agencies must obtain approval to expend from their own budgeted funds for their estimated expenditures.
2. Reason additional needs were not foreseen: The need was foreseen and a new contract was advertised and bid. An award was legislated on Ordinance 1365-2010 to the lowest responsible, responsive and best bidder, however after the legislation was passed this bidder Praxair, determined they would not accept the city's standard terms and conditions and withdrew their bid No other bids received were responsive to the bid requirements. Due to usage demands for these commodities, a lapse in supply would be an undue hardship on city agencies.
3. Reason other procurement processes not used: The same commodities are required as originally bid. No lower pricing/more attractive terms and conditions are anticipated at this time.
4. How cost was determined: The cost, terms and conditions are in accordance with the original agreement.
This 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: No additional funding is needed to extend this options contract.
Title
To authorize and direct the Finance and Management Director to modify and extend the existing citywide contract for the option to purchase Specialty and Industrial Gases, Calibration Gases with Airgas Great Lakes, Inc, to waive the competitive bidding provisions of the Columbus City Codes, 1959; and to declare an emergency.
Body
WHEREAS, the Purchasing Office advertised and solicited formal bids, SA002024 on June 8, 2006 and selected the lowest responsive, responsible and best bidder; and
WHEREAS, the vendor has agreed to extend FL003234 at current prices and conditions to an including May 31, 2011; 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, in order to provide necessary Specialty and Industrial Gases, Calibration Gases on an as needed basis, this is being submitted for consideration as an emergency measure; and
WHEREAS, an emergency exists in the usual daily operation of the various City agencies in that it is immediately necessary to enter into a contract for the option to purchase Specialty and Industrial Gases, Calibration Gases on an as needed basis, 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 be and is hereby authorized and directed to modify and extend FL003234 for the option to purchase Specialty and Industrial Gases, Calibration Gases on an as needed basis to and including May 31, 2011
SECTION 2. That in accordance with Section 327.27 of the Columbus City Code, the Council finds the best interest of the City is served by waiving formal competitive bidding and does hereby waive Sections 329.06 of the Columbus City Code.
SECTION 3. That for the reason 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.