San Jose Ca.Gov
File #: 23-1321    Version: 1
Type: Strategic Support Status: Agenda Ready
File created: 9/18/2023 In control: City Council
On agenda: 10/3/2023 Final action:
Title: Amendments to Title 4 of the San José Municipal Code Related to Procurement of Goods and Services.
Attachments: 1. Memorandum, 2. Ordinance

...Title

Amendments to Title 4 of the San José Municipal Code Related to Procurement of Goods and Services.

...Recommendations

Approve an ordinance amending Title 4 of the San José Municipal Code, Chapter 4.04 Contract Authority and adding to and amending Chapter 4.12 Procurements of Goods and Services as follows:

(a) Amend Section 4.04.080(A) titled Quarterly Reports to increase the Minimum Contract Values for “Sunshine” Reports to the Informal Procurement Threshold, as defined in Section 4.12.028 of the San José Municipal Code;

(b) Amend Section 4.04.085(B) titled Periodic Automatic Adjustments to Contract Authority Limitations and Related Figures to remove references where Section 4.04.085(B) is no longer applicable;

(c) Add Section 4.12.018 titled Competitive Procurement Threshold to define the "Competitive Procurement Threshold” to be $10,000.00, as automatically adjusted to remain aligned with the Federal Micro-Purchase Threshold as defined in 48 CFR §2.101;

(d) Add Section 4.12.028 titled Informal Procurement Threshold to define the “Informal Procurement Threshold” to be $250,000.00, as automatically adjusted to remain aligned with the Federal Simplified Acquisition Threshold as defined in 48 CFR §2.101;

(e) Amend Section 4.12.210(A) titled Selection of Procurement Method to align the upper limit of purchases that may be made without a competitive procurement to the Competitive Procurement Threshold;

(f) Amend Section 4.12.210(B) titled Selection of Procurement Method to increase the lower and upper limits for using the request for quotes process to the Competitive Procurement Threshold and the Informal Procurement Threshold, respectively;

(g) Amend Section 4.12.210(C, D) titled Selection of Procurement Method to increase the threshold for using the request for proposals and formal bid processes for services and goods, respectively, to those purchases estimated to exceed the Informal Procurement Threshold;

(h) Amend Section 4.12.225(B)(3) titled Public Agencies Purchases to allow the City to leverage the results of other public entities’ solicitations which substantially comply with the City's procurement procedures if the respective solicitation gives notice to the bidders that the procurement may be leveraged by other public agencies, which is satisfied if either the solicitation documents or the executed contract resulting from the procurement includes language allowing other entities to use said procurement, procedure, or contract;

(i) Amend Section 4.12.350(B1, B2) titled Rejection of Responses to increase the threshold to the Informal Procurement Threshold for when the Procurement Authority may negotiate and execute contracts after all responses have been rejected;

(j) Amend Section 4.12.415 titled Formal and Informal Protest Procedures to increase the threshold for using formal protest procedures to procurements having a value greater than the Informal Procurement Threshold; and

(k) Amend Section 4.12.420 titled Notice of Decision to increase the threshold for sending a notice of intended award to procurements valued over the Informal Procurement Threshold.

CEQA: Not a Project, File No. PP17-008, General procedure and Policy Making resulting in no changes to the physical environment. (Finance)