November 21, 2006 CCP - Laserfiche WebLink

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Tom Bouthilet From: Janice Clark jjclark@pfb-pa.com] Sent: Tuesday, November 21, 2006 2:58 PM To: deanjohnston@comcast.net Cc: johnsonliz@att.net; dnr.conlin@comcast.net; rita.b.carlson@decisionone.com; scdelapp@earthlink.net; Greg Malmquist; Tom Bouthilet; johnsone@unitedwaytwincities.org Subject: Ladder Trucks ** Reply Requested When Convenient ** THE FOLLOWING MESSAGE HAS BEEN SENT AT THE DIRECTION OF JERRY FILLA: Dear Mayor Johnston & Lake Elmo City council: As a general rule, the Minnesota Public Contracting Law(MS471.345 Subd. 3) requires the City to obtain sealed bids on contracts for the purchase or rental or equipment if the estimated amount of the contract will exceed $50,000.00. However, if the equipment which the City intends to purchase or rent isa non-competitive item, the City does not have to comply with the sealed bid requirements (MS 471.36). There are no statutory guidelines for determining whether an item is non-competitive but the Minnesota League of Cities suggests that the City go through the following process in order to establish some basic due diligence: A. Interview the department head, city staff member or equipment acquisition committee who is proposing that the certain specific product be acquired and ascertain the following: 1. The rationale for acquiring the product; and 2. The steps taken to investigate not only the product that they are seeking to acquire, but also any other products which might be competitive. B. Interview the source from whom the proposed product will be obtained to determine why they view their product as unique and non- competitive. C. Review any and all literature and promotional material concerning the product. D. Do a basis internet search to determine if there are any competitive products. E. Consult with the city Engineer, if applicable, or other city consultants. I spoke to the manufacturer of the 100' and 75' ladder trucks. The manufacturer indicates that the specifications for the existing trucks are unique because the trucks were custom made for a particular fire department. The manufacturer also indicated that there may be similar, although not identical, new and/or used trucks available on the market. Given this fact, in my opinion, the City should test the market and require sealed bids for trucks which are the same or substantially similar to the existing trucks. The bid instructions should request that the bid responses include delivery dates for the specific bid item. The City is required to publish the request for bids once in the City's official newspaper at least ten (10) days in advance of the last day for submitting bids (MS 412.311). The City can also send bid requests to known manufacturers of the specified equipment. The process which can be followed by the City to determine if there are any competitive items is not very time consuming. It is my understanding that the 100, ladder would still be available..at theend ofthat process if.the City is interested. If you have any questions, please contact me. Very truly yours, /s/ JPF 1