HomeMy WebLinkAboutRES 2022-23 - Board TRUCKEE
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Resolution No. 2022-23
DISPENSE WITH COMPETITIVE BIDDING AND DIRECT THE
GENERAL MANAGER TO NEGOTIATE THE MOST
ADVANTAGEOUS PRICE
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District procures certain
critical items to maintain, build and rebuild our infrastructure for utility services to the community;
and
WHEREAS, the District having received no benefit from the competitive bid process, believes that
it is unlikely that additional competitive bidding will produce a different result or be advantageous
and that significant benefit can be derived by negotiating directly; and
WHEREAS, the above recitals explain why further competitive bidding for the Project work would be
non-sensible, undesirable, impractical, unavailing and disadvantageous; and
WHEREAS, various California court decisions including, Domar Electric. Inc. v. City of Los Angeles,
9 CalAth 161 (1994), hold that the competitive bidding statutes are not to be applied in a way which
denies public agencies the authority to deal with problems in a sensible, practical way; and
WHEREAS, various California court decisions, including Graydon v. Pasadena Development
AgencX, 104 Cal.App.3d 631 (1980), hold that where the public interest is better served by
dispensing with competitive bidding, such as where the subject of a contract is such that competitive
proposals would be unavailing or would not produce an advantage, and the advertisement for
competitive bids would thus be undesirable or impractical, or impossible, a public agency may
dispense with competitive bidding.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows:
1. That the District hereby dispenses with competitive bidding after the public process in bidding
indicates a lack of product due to supply chain issues;
2. The Board of Directors directs the General Manager or his/her/their designee to negotiate price
and terms with suppliers most advantageous to the District.
AYES: President Finn, Vice President Bender, Directors Aguera, Harris
NOES:
ABSTAIN:
ABSENT: Director Laliotis
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
P DocuSigned by:
B 1�Ja, kiln A,
C ' taftW4President of the Board
ATTEST
DocuSigned by:
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Shanna . Wf[WI ;CMC, District Clerk