(A) General purchasing procedures.
(1) Maximum practical competition. All specifications shall be drafted so as to assure cost effective procurement for the purposes intended, and to encourage competition in satisfying the county's needs, and shall not be unduly restrictive. Any use of characteristics that serves to limit competition shall be avoided. The policy enunciated in this section applies to all specifications, including but not limited to, those prepared for the county by architects, engineers, designers, draftsmen, and land surveyors.
(2) Duties of the procurement director and the using departments. The procurement director may prepare or review, issue, revise and maintain the specifications for property, supplies, services, and construction required by the county. The procurement director may obtain expert advice and assistance from personnel of the using departments or other advisory sources in the development of specifications, and may delegate to a using department the authority to prepare its own specifications. Specifications for property, supplies, services, or construction items may be prepared by the using department.
(3) Brand name or equal specification. Brand name or equal specifications may be used when the using department makes a written determination that one of the following exists:
(a) No other design or performance specification or qualified products list is available;
(b) Time does not permit the preparation of another form of purchase description not including a brand name specification;
(c) The nature of the product or the nature of the county's requirements makes use of a brand name or equal specifications suitable for the procurement; or
(d) Use of a brand name or equal specification is in the county's best interests.
(4) Required characteristics. Unless the procurement director determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics required.
(5) Nonrestrictive use of brand name or equal specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.
(6) Brand name only specification. Since use of a “brand name only” specification is restrictive of product competition, it may be used only when the using agency makes a written determination that only the identified brand name item or items will satisfy the county's needs and such determination is approved, in writing, by the procurement director.
(7) Competition. The procurement director shall seek to identify sources from which the designated brand name only item or items can be obtained, and shall solicit such sources to achieve whatever degree of price competition is practicable.
(B) Completing purchase transactions. All purchases of goods, services, materials, supplies or equipment made for or on behalf of the county, as set out below, shall be authorized by the issuance of a purchase order by the county manager, the procurement director, or someone designated by the procurement director. In completing purchase transactions, the following policies, procedures and guidelines shall be observed.
(1) Small purchases not exceeding $3,000.00, per transaction, may be accomplished without securing competitive quotations if the prices are considered to be fair and reasonable. Action to obtain competitive quotations need only be taken when the procurement director suspects the price may not be fair and reasonable, e.g., comparison to previous price paid, personal knowledge of the price range of the item involved. Every effort should be made to distribute such purchases equitably among qualified suppliers.
(a) In most instances, a county issued purchasing (“P”) card may be used to procure items totaling $3,000.00 or less per transaction, as herein described.
1. Purchasing Card Program. The procurement director is authorized to establish a purchasing card program (“P-Card” of “P-Card Program”). The P-Card is a master charge card issued to county employees to make small value purchases of supplies, materials, equipment, and services for county business use.
2. The procedures for this program shall be promulgated and amended as needed by the procurement director and approved by the county manager.
3. This program shall be discontinued at any time as recommended by the procurement director and approved by the county manager.
4. The cardholder shall use the purchasing card for legitimate business purposes only. Misuse of the card will subject the cardholder to disciplinary action in accordance with county personnel policies and/or applicable criminal laws.
(b) Permitted P-Card purchases include, but are not limited to:
1. Airline tickets;
2. Hotel accommodations for travel;
3. Car rental for travel;
4. Registrations for conferences;
5. Ground transportation for travel;
6. Facsimile charges when traveling;
7. Business meals; must attach agenda or meeting minutes to receipt;
8. Authorized memberships or subscriptions; and
9. Supplies.
(c) In addition to the goods and services listed in division (B)(1)(b) above, the P-Card administrator may designate other goods and services that may be purchased with a P-Card.
(d) Prohibited P-Card purchases include, but are not limited to:
1. Personal purchases of any kind;
2. Cash advances;
3. Gift cards, calling cards, pre-paid cards of any type or similar products;
4. Entertainment, including in-room movies;
5. Alcoholic beverages;
6. Tobacco products;
7. Fuel (in most instances, consult with Procurement Department);
8. Professional services;
9. Food for consumption by county employees;
10. Computers, unless purchased by IT; and
11. Services conducted on county-owned property.
(e) In addition to the goods and services listed in division (B)(1)(d), the P-Card administrator may designate other goods and services that may not be purchased with a P-Card.
(2) Single purchase orders exceeding $3,000.00, but less than $25,000.01 may be awarded by the procurement director, or someone designated by the procurement director, to the vendor or supplier of such goods or services whose quotation is most advantageous to the county, after the county has received telephone, oral, or fax or written (letter or e-mail) quotations from at least two vendors or suppliers of such goods or services, when practicable and feasible.
(3) Single purchase orders exceeding $25,000.00, but less than $50,000.01 may be awarded by the procurement director, or someone designated by the procurement director, after telephone, oral, facsimile, or written (letter or e-mail) quotations have been received from at least three vendors or suppliers of such goods and services, when practicable and feasible, and the purchase order has been approved by the county manager or procurement director.
(4) Single purchase orders of $50,000.01 or more shall be publicly advertised for bids (Invitation for Bids) or proposals (Request for Proposals or Request for Qualifications) at least once in a newspaper having a general circulation in the county, at least 15 days prior to the date set for formal opening of written bids or proposals.
(a) Bids or proposal responses provided in writing, based on written specifications furnished to prospective vendors, shall be received and publicly opened by the procurement director and the head of the department requiring the goods and services, at a date and hour to be specified in the advertisement for the solicitation.
(b) The County Council shall award the contract for the furnishing of such goods and services to the vendor or supplier of such goods and services submitting the bid, proposal or response, which is determined most advantageous to the county.
(c) Nothing contained in these procedures shall be construed to require the county manager, procurement director or County Council to accept the apparent low bid, when it shall appear that the acceptance of some other bid shall be most advantageous to, or in the best interest of, the county.
(5) In the event that the bid or proposal selected as most advantageous is not the low bid (or least expensive proposal), the procurement director or department head, at the direction of the County Council, shall prepare a full and complete statement of the reasons for recommending that the Council accept the bid or award a contract to the vendor or supplier of goods and services other than the apparent low bidder or least expensive proposer. Information provided by the procurement director or department head shall be included in the minutes of the Council meeting at which final selection and approval is made.
(6) Pre-qualified professional architect and engineering services shall be solicited through a formal solicitation process and offerors shall be selected for pre-qualified status based upon qualifications.
(a) A pre-qualification list shall be maintained and considered for project award by the procurement director or county manager for projects totaling less than $75,000.01.
(b) Project award for pre-qualified professional architect and engineering services of $75,000.01 or more, shall be subject to a formal solicitation process and considered for award by the County Council.
(7) Non-tax dollar expenditures exemption for fire tax districts:
(a) Purchases not exceeding $10,500.00 per transaction, may be accomplished without securing competitive quotations if the prices are considered to be fair and reasonable. Action to obtain competitive quotations need only be taken when the procurement director suspects the price may not be fair and reasonable, e.g., comparison to previous price paid, personal knowledge of the price range of the item involved. Multiple quotes are not required, but recommended. Every effort should be made to distribute such purchases equitably among qualified suppliers.
(b) In some instances, a county issued purchasing (“P”) card may be used to procure items totaling $3,000.00 or less per transaction, as herein described.
(c) Single purchase orders exceeding $10,500.00 but less than $25,000.01 may be awarded by the procurement director, or someone designated by the procurement director, to the vendor or supplier of such goods or services whose quotation is most advantageous to the county, after the county has received telephone, oral, or fax or written (letter or e-mail) quotations from at least two vendors or suppliers of such goods or services, when practicable and feasible.
(d) Single purchase orders exceeding $25,000.00 but less than $50,000.01 may be awarded by the procurement director, or someone designated by the procurement director, after telephone, oral, facsimile, or written (letter or e-mail) quotations have been received from at least three vendors or suppliers of such goods and services, when practicable and feasible, and the purchase order has been approved by the county manager or procurement director.
(e) Single purchase orders of $50,000.01 or more shall be publicly advertised for bids (Invitation for Bids) or proposals (Request for Proposals or Request for Qualifications) at least once in a newspaper having a general circulation in the county, at least 15 days prior to the date set for formal opening of written bids or proposals.
(C) Cooperative purchasing.
(1) COOPERATIVE PURCHASING is a procurement activity conducted by, or on behalf of, more than one public entity, where the aggregation of volumes by more than one buyer achieves better pricing, administrative savings, or broader delivery and installation options.
(2) Depending upon the commodity or services being sought, the procurement director may pursue cooperative purchasing arrangements with the advice and approval of county management and the County Council.
(D) Improper or unauthorized purchases.
(1) It shall be considered improper, for the purpose of evading the requirements of this subchapter, to split or separate any purchase covered by this subchapter into smaller units of purchase.
(2) Purchases made by county staff or county officials that are not in accordance with the policies provided within this subchapter may be considered improper or unauthorized purchases.
(3) Purchases made in violation of the current county purchasing policies or rules established by the County Council may be considered improper or unauthorized purchases.
(4) Any attempt or intent to circumvent this subchapter shall be considered improper or unauthorized.
(5) Purchases made for the purpose of retirement parties, food for birthdays, Thanksgiving and Christmas gatherings, plaques, or gifts, unless otherwise approved by the county manager, may be considered improper or unauthorized purchases.
(E) Reimbursement for purchases.
(1) In such instances, county employees will be permitted to seek reimbursement for this purchase by submitting the appropriate documentation and request to the county's finance office.
(2) Under no circumstances is this type of purchasing intended to replace the procedures provided in this subchapter requiring the submission of a purchase requisition and the procurement activities of the county's procurement department.
(F) Purchase requisition.
(1) In most instances, county officers, employees, agencies and departments subject to the financial authority of the County Council will be required to submit a requisition to the procurement department for purchase of supplies, equipment, materials and services.
(2) Before submission, all requisitions should be signed and approved by the department head or supervisory official of the office, agency, board or department.
(3) The requisition serves to inform the procurement department of the needs of the using department, and also to correctly define the goods and/or services that are being requested.
(4) An approved requisition signifies authority to charge against a specific budget account number(s), and to verify that there are sufficient funds available in the account specified.
(5) A requisition is not an order; rather, it is a request that begins the procurement process.
(G) Adequate funds to purchase.
(1) In order for services, supplies, equipment or materials to be purchased, there must be adequate funds available in the appropriate budget account, which has previously been appropriated by the County Council and is unencumbered.
(2) No purchases can be made without verification that adequate funds are present in the appropriate budget account.
(3) Expenditures (purchases) cannot exceed the allocated budgeted amount without proper administrative approvals.
(4) Departments and agencies making use of procurement services provided by the procurement department are responsible for ensuring that approved and adequate funds are available to cover the full cost of a given purchase.
(H) Types of purchase orders.
(1) A purchase order provides the documentation of procurement activity, including a means for encumbering all funds pledged towards a given purchase.
(2) The procurement department utilizes four types of purchase orders designed for specific situations: basic, blanket, open, and partial payment.
(a) Basic purchase orders.
1. All purchase orders are created primarily from the information provided on a purchase requisition.
2. Requisitions should include an order date, description of the product(s) or services, quantity information, budget account numbers, pricing information, payment terms, and delivery information.
3. A purchase order is a legally binding contract, which authorizes the vendor to ship and invoice for the materials and/or services specified.
4. Only the procurement department is authorized to issue purchase orders, and only the procurement director, county manager or their designee is authorized to sign and approve purchase orders.
(b) Blanket purchase orders.
1. The intent of a blanket purchase order is to reduce administrative costs associated with routinely creating small purchase orders.
2. A blanket purchase order number is issued to suppliers who can furnish goods and services, based upon prearranged conditions on a demand-type basis, typically for a maximum dollar limit or for a limited period of time.
3. No payments are deducted from the line item listed on a blanket purchase order, nor is the total value of the purchase order encumbered on a blanket purchase order until the county's finance department receives an invoice.
4. A blanket purchase order is not transferable from one fiscal year to the next.
(c) Open purchase orders.
1. Open purchase orders are similar to blanket purchase orders, except they have a specific dollar amount assigned to them, and funds are encumbered when the purchase order is created.
2. Open purchase orders are used for work services provided by a contract, such as maintenance of county-owned equipment, uniform rental or waste removal at county buildings.
3. An open purchase order is not transferable from one fiscal year to the next.
(d) Partial payment purchase orders.
1. Partial payment purchase orders have a specific amount of money assigned to them.
2. Funds referenced on a partial payment purchase order are encumbered.
3. Usually, a partial payment purchase order is used for construction and/or consulting projects.
(I) Receipt of purchased items.
(1) Shipments of supplies, materials and equipment will be coordinated by the procurement department.
(2) In some cases, partial shipments may arrive in lieu of the complete order.
(3) In most cases, deliveries will be made to the purchasing offices.
(4) In some cases, a payment may be requested for the items that have been delivered.
(J) Cancellation of orders.
(1) All cancellations of orders shall be made by the procurement department.
(2) An order may be canceled due to an unexpected price increase, inability of the vendor to supply, or an unacceptable delay in delivery.
(K) Changes to an order/updating purchase orders.
(1) Sometimes a purchase order requires updating because of a price change, partial payment request, freight charge, undetermined expense, or the deletion or addition of a commodity.
(2) Only the procurement department can alter a purchase order.
(3) An updated purchase order must be approved by the procurement director, and documentation explaining the change must be attached to the revised purchase order.
(Ord. 1006, passed 4-17-06; Am. Ord. 1008, passed 4-7-08; Am. Ord. 2014, passed 6-2-14; Am. Ord. 3817, passed 7-17-17; Am. Ord. 6023, passed 11-20-23)