A. Open Market Purchases: All purchases of goods and services of less than an estimated value of twenty thousand dollars ($20,000.00) may be made in the open market without public notice and without observing the procedure prescribed in section 2-1-6 of this chapter.
B. Minimum Quotation Requirements:
1. Procurements up to and including one thousand dollars ($1,000.00) may be obtained in a way that is in the best interest of the county. The payment of these purchases shall be processed in the same manner as all other invoices.
2. For purchases over one thousand dollars ($1,000.00) and up to and including five thousand dollars ($5,000.00), the using agency shall obtain written/fax quotations from at least three (3) vendors whenever feasible. The payment of these purchases shall be processed in the same manner as all other invoices without additional authorization.
3. For purchases over five thousand dollars ($5,000.00) and up to and including twenty thousand dollars ($20,000.00), the using agency shall obtain written/fax quotations from at least three (3) vendors whenever feasible or obtain pricing from a current contract, product catalog, blanket bid, or joint bid. The purchase authorization procedures for all goods and services within these limits shall be the same as those set forth in subsections 2-1-4B2 and B3 of this chapter.
C. Notice Inviting Price Quotations:
1. Competitive price quotations for purchases of goods and services of less than an estimated value of twenty thousand dollars ($20,000.00) may be solicited from appropriate responsible vendors by direct mail, telephone, newspaper, website or other means of notification.
D. Records: A record shall be kept of all open market purchases and the price quotations submitted thereon, and such records shall be open for public inspection.
E. Evaluating Awards:
1. Typically, awards are made to the vendor with the low cost responsible bid or quote. The low cost responsible bid is the bid or quote considered to provide the best long term value for the county. In determining the low cost responsible bid, in addition to price, the following evaluation factors should be considered:
a. The ability, capacity and skill of the bidder to provide the supplies, equipment and service required.
b. Whether the bidder can provide the supplies, equipment and service promptly, or within the time specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. The quality of performance of the bidder under previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
f. The sufficiency of the financial resources and ability of the bidder to perform the contract.
g. The quality, availability and adaptability of the goods and services to be provided for the particular use required.
h. The ability of the bidder to provide future maintenance and services if such is required by the contract.
i. The number and scope of conditions attached to a bid.
j. Conformity with specifications, delivery date and terms, discount terms, and warranty conditions.
k. Total cost of item over its useful life.
l. The bid providing the best long term value for the county.
2. If an award exceeding one thousand dollars ($1,000.00) is made to a vendor who did not offer the low quote or bid, the reason(s) shall be reduced to writing and be retained in the contract file maintained by the purchasing agency. A quote that exceeds the twenty thousand dollar ($20,000.00) limit shall not be eligible for award under this section.
F. Sole/Single Source Procurements: From time to time circumstances may exist where the department head, county administrator or parent committee determines that it is not feasible to secure three (3) quotations. In other situations, the department head, county administrator, or parent committee may determine that it is in the best interests of the county to consider only one or two (2) suppliers having previous expertise relative to the procurement. (Examples include, but are not limited to, procurements using state negotiated pricing or a single vendor having unique abilities/capacities relative to the procurement, like a maintenance agreement.) In these situations, the following policies control:
1. For individual obligations of more than one thousand dollars ($1,000.00) per year, up to two thousand five hundred dollars ($2,500.00) per year: When the department head deems a sole/single source procurement best serves the interests of the county, the reasons shall be reduced to writing, copied to the county administrator and be retained in the contract file or be attached to the invoice. With the consent of the county administrator, the department head is approved to obligate county funds within the constraints of the department's annual budget to effectuate the purchase.
2. For individual obligations between two thousand five hundred dollars ($2,500.00) per year to ten thousand dollars ($10,000.00) per year: When the department head deems a sole/single source procurement best serves the interests of the county, the reasons shall be reported to the parent committee. With the consent of the parent committee, the department head is approved to obligate county funds within the constraints of the department's annual budget to effectuate the purchase.
3. For obligations of ten thousand dollars ($10,000.00) or more: When the parent committee deems a sole/single procurement best serves the interests of the county, the reasons shall be reported to the county board for review and action.
G. Noncompetitive Procurement: In addition to sole source procurement under subsection F of this section, a contract may be awarded without competition, as outlined in subsections F1, F2, and F3 of this section, when a department head, with approval of the county administrator, determines in writing, after conducting a good faith effort by reviewing the available sources, that the contract by its very nature is not suitable to competitive bids or proposals. When a department head and the county administrator both determine that an award of a contract should be made by noncompetitive procurement they shall submit copies of their determining factors in writing to the parent committee. Examples of contracts, which may not be suitable for competitive bids or proposals, are as follows:
1. There is only one source for the required supply, equipment, service, construction item, or professional service;
2. A sole supplier's item that is required for trial use or testing;
3. Patented or proprietary items with only one manufacturer, contractor, or dealer in the area;
4. Used equipment;
5. Auction purchases;
6. Certain maintenance contracts that are limited to only one source for the highest qualified provider;
7. Emergency procurement, as defined in section 2-1-11 of this chapter;
8. Others, as determined by the parent committee and state's attorney. (Ord. 2011-4, 5-10-2011)