REPORT TO THE CITY COUNCIL
FROM: BRIAN BARR, Director
General Services Department
BY: MELISSA PERALES, Purchasing Manager
General Services Department, Purchasing Division
SUBJECT
Title
***RESOLUTION - Establishing procedures for appeals in the competitive bidding process and rescinding Resolution 2003-129 (Subject to Mayor's Veto)
Body
RECOMMENDATION
Staff recommends Council adopt a resolution establishing updated procedures for appeals in the competitive bidding process and rescinding Resolution 2003-129.
EXECUTIVE SUMMARY
On April 29, 2003, Council adopted Resolution 2003-129, establishing procedures for appeals in the competitive bidding process. The proposed resolution rescinds Resolution 2003-129 in its entirety and adopts updated procedures to align with current legal requirements, the Fresno Municipal Code, City Charter, and the City's existing procurement practices. The updates provide clarity, improve consistency, and support the efficient administration of the City's competitive bidding process.
BACKGROUND
On April 29, 2003, Council adopted Resolution 2003-129, establishing procedures for appeals in the competitive bidding process. The resolution has remained in place for over two decades without updates and no longer reflects current legal requirements or the City's established procurement practices.
The proposed resolution rescinds Resolution 2003-129 and replaces it with updated procedures that are consistent with current legal requirements, the Fresno Municipal Code, City Charter, and current industry standards. A key update is the removal of appeal rights related to non-responsive determinations. Under the proposed changes, appeals are limited to determinations of bidder responsibility. This aligns with legal requirements and standard public procurement practices, which distinguish between responsiveness and responsibility.
The distinction between responsiveness and responsibility is critical for determining whether a hearing i...
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