Sec. 17B-1-5. Informal bidding procedure.

(a) Uses of Informal Bidding Procedure. This informal bidding procedure shall only be used when informal bidding is permitted by this article.
(b) Contractor List. The purchasing officer shall develop and maintain, or provide for the development and maintenance of, a list of qualified contractors, identified according to categories of work, as described in Public Contract Code Section 22034(a). The list shall be developed and maintained in accordance with criteria established by the California Uniform Construction Cost Accounting Commission. In developing the list, the purchasing officer or his or her designee shall obtain from the Contractor’s State License Board and from the contractor’s trade associations in the county designated by the commission, the names and addresses of qualified contractors located in the county.
(c) Distribution of Notice Inviting Informal Bids. The purchasing officer or his or her designee shall provide a notice inviting informal bids not less than ten days before the bids are due. The notice inviting informal bids shall be mailed to either or both of the following:
(1) All contractors on the qualified contractors list maintained pursuant to subsection (b) of this section; and/or
(2) All construction trade journals specified by the commission pursuant to Public Contract Code Section 22036.
(d) Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids shall:
(1) Describe the project in general terms;
(2) State how to obtain more detailed information about the project;
(3) State the date, time, and place for the submission of sealed bids; and
(4) Include any other information required by state or local law, as determined by the city attorney.
(e) Proprietary Projects, Products, or Services. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one contractor, and that no equivalent projects, products or services are available, the notice inviting informal bids may be sent exclusively to such contractor.
(f) Contents of Bid and Contract Documents. The contents and form of the bid and contract documents shall be approved by the department head of the using department, as well as the city attorney; provided, however, that the city attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents.
(g) Confidentiality. Only sealed bids shall be accepted by the city. Sealed bids shall not be opened prior to the date of bid opening, as specified by the city in its notice inviting informal bids.
(h) Bidder’s Security. When required by applicable law or determined necessary by the city manager or purchasing officer, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by state or local law.
(i) Rejection of Bids. The city may, in its sole and absolute discretion, reject all bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:
(1) Abandon the project;
(2) Readvertise for bids in the manner described in this article; or
(3) By passage of a resolution by a four-fifths vote of the city council, declare that the project can be performed more economically by the employees of the city and have the project done by force account.
(j) No Bids Received. If no bids are received, the purchasing officer may award the contract by any alternative procedure. (Ord. No. 1474, § 3 (part).)