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Chief Administrative Office, Procurement and Contracts Division, requesting ratification of the Purchasing Agent's signature on a retroactive extension of BP270334 with Brannon Tire of Stockton, California in accordance with Invitation to Bid 07-863-002.
RECOMMENDED ACTION: Approve.
FUNDING: Department's Road Fund (Non General Fund).
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Fiscal Impact/Change to Net County Cost: Not change in Net County Cost.
Background: The Procurement and Contracts Division issued Bid #07-863-002 for heavy equipment and truck tires for DOT which was set to expire on September 11, 2007. This original bid was within the purchasing agent's signature authority. The bid was extended for one additional one year term with Board approval taking the total amount of the blanket purchase order to $115,000.00, with a term to expire September 11, 2008. On August 7, 2008 we received a request to issue a new bid from DOT. Bid #09-863-029 was issued on August 15, 2008 with a due date of September 4, 2008. Two responses were received. However, all bids were rejected as both respondents did not bid 100% of the items as required in the bid. As a result the bid had to be cancelled and reissued.
Bid #09-863-038 was immediately reissued with a due date of September 15, 2008. Notice of intent to award was posted on September 17, 2008, however there is a 10 day waiting period for the protest procedure. On September 25, 2008 a protest was received. The Purchasing Agent conferred with counsel and a response to the protest was delivered on October 10, 2008. Even though the award is within the purchasing agent's signature authority, the protest was unresolved and heard by your Board for consideration on November 4, 2008.
These events delayed Transportation's ability to purchase tires for their heavy equipment and trucks and they have an immediate need. In discussing this matter with the CAO and the Auditor, it was agreed that the appropriate procedure is to extend the old bid in accordance with BOS Policy C-17, Section 5.9(g) until the protest is resolved. The vendor has agreed to do so under the same terms and conditions and pricing of the old bid.
Reason for Recommendation: In order to allow DOT to purchase tires for their continued operations until the protest was resolved, the Purchasing Agent issued and executed a retroactive extension to BP270334. Sufficient balance remained on the blanket purchase order and no increase in value was necessary.
The Board is being asked to ratify the Purchasing Agent's signature on retroactive extension that would have otherwise required Board approval.
Action to be taken following Board approval: Not Applicable
Contact: Bonnie H. Rich, Purchasing Agent x5940
Concurrences: Not applicable