HomeMy WebLinkAbout05 0601 92
~c.: t. /;J. /r; - :2 - 9:J.....
,., ." 'JJ
AN ORDINANCE RELATING TO
THE REQUIREMENTS FOR
LETTING OF COUNTY CONTRACTS
110. .OS"o&.OI-Y~
.lI 8' .- 00
. j, ..
1, 11'\>t'i,.. .
673
/
-
. ,
TABLE OF CONTENTS
SECTION 1. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 2. DE'FIN'ITIONS .................................. 1
SECTION 3. METHODS OF PROCUREMENT ..................... 3
( a) Competitive Sealed Bidding .......................... 3
(b) Small Works Roster Bidding Procedure . . . . . . . . . . . . . . . . . . . 3
(c) Vendor list bidding procedure . . . . . . . . . . . . . . . . . . . . . . . . . 4
(d) Request for proposals bidding procedure .................. 4
SECTION 4. PUBliC WORKS CONTRAcrs ...................... 5
(a) Public Works Contracts having an estimated value of less than ten
th.ousan.d dollaI"S ................................. 5
(b)
(c)
Cd)
(e)
Public Works Contracts having an estimated value of ten thousand "
dollars ($10,000) or more. .. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Small works roster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Bid Bond ... I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Perform.an.ce Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 5. PROCUREMENT OF SUPPliES ..........._........... 6
(a) Supplies having an estimated value of less than two thousand five
hundred dollars ($2,500) ............................ 6
(b) Supplies having an estimated value of two thousand five hundred
dollars ($2,500)' and above ........................... 6
( c) Supplies having an estimated value of between two thousand five
hundred dollars ($2,500) and twenty-five thousand dollars ($25,000). 6
SECTION 6. PROCUREMENT OF SERVICES ..................... 6
(a) Services having an estimated value of less than two thousand five
hundred dollars ($2,500) ...... .. . . . . . . . . . . . . . . . . . . . . . 6
(b) Services having an estimated value of two thousand five hundred
dollars ($2,500) and more ..................... .... . . . 6
( c) Services having an estimated value between two thousand five hundred
dollars ($2,500) and twenty-five thousand dollars ($25,000) ....... 7
(d) Human Services and Computer Services .................. 7
(e) Architect and Engineer Services ......... ~ . . . . . . . . . . . . . 7
SECTION 7. PROVISIONS MANDATORY ........................ 8
SECTION 8. CONFUcrs OF INTEREST . . . . . .. . . . . . . . . . . . . . . . . . . 8
SECTION 9. MULTI-YEAR CONTRACfS AUTHORIZED ............. 8
SECTION 10. INSPECTION AND TESTING ....................... 8
SECTION 11. SUBDMSION OF PURCHASES PROHIBITED ........... 8
i
1 \ ,'_
18 ~A'E 00
1-;'-
6 - II.
SECTION 12. EMERGENCY PROCEDURES ....................... 9
SECTION 13. EXEMPTIONS ................................. 9
( a) Performance based contracts ......................... 9
(b) Contracts for elections material . . . . . . . . . . . . . . . . . . . . . . . . 9
( c) Day labor ..................................... 9
(d) Cooperative Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(e) Auctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(t) Exemptions under State and Federal Law ................. 9
SECTION 14. SOLE SOURCE PROCUREMENT. . . . . . . . . . . . . . . . . . . . 10
SECTION 15. PURCHASE OF ROAD MAINTENANCE MATERIAL . . . . . . . 10
SECTION 16. POSTING OF CONTRACfOR liST ................... 10
SECTION 17. SEVERABIUfY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 18. REPEAlER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 19. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ii
18 fA~~ 00
~'...~
6-~
ORDINANCE NO. oS-.otto ,-,~
An Ordinance Relating to the Requirements for Letting of County Contracts 1
SECTION 1. PURPOSE
The purpose and intent of this ordinance is to make uniform the requirements for procuring
supplies and services, and awarding contracts for public works, between County agencies
and nongovernmental entities. Nothing in this ordinance shall prevent any agency from
complying with the terms and conditions of any grant, gift, bequest, or cooperative
agreement.
SECTION2.DE'FIN'ITIONS
(a) "Architectural/Engineering Services". Services performed by any person, other than
as an employee of an agency, which are within the scope of services regulated by
Chapters 18.08 (Architects), 18.43 (Engineers and Land Surveyors), or 18.96
(Landscape Architects) RCW.
(b) "Agency". Any department, office, agency, commission, bureau, or other unit in
county government.
(c) "Board". The Jefferson County Board of Commissioners.
(d) "Contract". Includes any agreement, contract, lease or purchase order for a public
work, supply or service.
(e) "County". Jefferson County.
(f) "Human Services". Programs and other activities which promote the social, physical,
emotional, and economic wellbeing of the County residents or residents of other
counties for which the County serves as an administrative. entity, with a primary
focus on the at-risk populations and the disadvantaged.
Human Services shall include, but are not limited to:
- Mental health services
- Developmental disabilities programs
- Federal and state job training programs
- Substance abuse programs
- Children arid youth programs
- Frailed elderly
- Human rights programs
, lpor Fnerallltatutmy provisions :n:pnIing competitive bidding for county contracts, pun:haIcs and leases, see RCW 36.32.240 et
Ieq. and RCW 29.04 ct Ieq.
1
',OL
18 rA~ 00 67G
(g) "Computer Services". Services involving the maintenance, enhancement, updating,
or procurement of computer software developed and created specifically for county
use. This does not include "off-the-shelf' software created for multiple users rather
than specifically for the county.
(h) "Lowest Responsible Bidder". The bidder who is most likely, in regard to skill,
ability and integrity, to do faithful, conscientious work, and promptly fulfill the
contract according to its letter and spirit In determining "lowest responsible bidder",
in addition to price, the following elements may be given consideration:
1. The ability, capacity and skill of the bidder to perform the contract or provide
the service required;
2. The character, integrity, reputation, judgment, experience and efficiency of the
bidder;
3. Whether the bidder can perform the contract within the time specified;
4. The previous and/or existing compliance by the bidder with laws relating to
the contract or services.
(i) "Procurement". Buying, purchasing, renting, leasing, contracting for or otherwise
acquiring supplies or services.
(j) "Professional Services". Services requiring special or advanced knowledge and
training, usually advanced education and involving mental or intellectual rather than
physical or manual labor or skill and the consistent exercise of judgment and
discretion in a specific field or endeavor. .
(k) "Public Work". Demolition, construction, alteration, repair, or improvement, other
than ordinary maintenance, to any co~ty structure, building or property, or other
public necessity or improvement, executed at the cost of the county.
(I) "Responsive". A bidder, vendor, or offeror who has submitted a bid or proposal
which conforms in all material respects to the invitation for bids or request for
proposal.
(m) "Services". Any labor, time or effort performed by an independent contractor for the
County which is. not part of a public work nor related to the purchase of supplies.
This term shall not include employment agreements or collective bargaining
agreements.
(n) "Supplies". Includes all supplies, materials and equipment.
2
'lnt
18 iM~~ 00
6t'"'J"'"
, f
SECTION 3. METHODS OF PROCUREMENT
(a) Competitive Sealed Bidding - When required, competitive sealed bidding shall entail
the following:
1. Invitation for Bids. An Invitation for Bids shall be issued and filed for public
inspection. The invitation shall include a description of the public work, supply
or services sought and all contractual terms and conditions applicable to the
public work, supply or service.
2. Public Notice. Public notice of the invitation for bids shall be published in
the county official newspaper at least ten (10) days prior to the last date upon
which bids will be received. The advertisement shall state the time and place
where bids will be opened, the time after which bids will not be received, the
character of the work to be done, supplies requested or services to be
performed, the materials and equipment to be furnished, and where copies
of the specifications may be obtained.
3. Bids. All bids shall be sealed and in writing, filed with the specified agency,
and opened and read in public at the time and place specified in the
advertisement.
4. Award. The contract shall be awarded to the lowest responsible responsive
bidder except that all bids may be rejected for good cause. Immediately after
the bids are opened, the bid quotations shall be recorded and open for public
inspection and shall be available by telephone inquiry.
(b) Small Works Roster Bidding Procedure - When allowed by this ordinance small
works roster bidding shall entail the following:
1. Establishment of Roster. A single general small works roster or in the
alternative a small works roster for different categories of anticipated work
shall be created and shall consist ,of all respollSlble contractors who have
requested to be on the list, and where required by law are properly licensed
or registered to perform such work in Washington. At least once a year, the
County shall publish in the county official newspaper a notice of the existence
of the roster or rosters and solicit the names of interested contractors for such
roster or rosters.
2. Bids. Whenever an agency wishes to award a public works contract using the
small works roster process the agency or the purchasing department shall
secure telephone or written quotations or both from enough contractors listed
on the particular roster involved to assure establishment of a competitive bid.
Whenever possible at least five contractors shall be invited to submit bids.
A record of all bids shall be maintained. Once a contractor has been afforded
an opportunity to submit a proposal, that contractor shall not be offered
another opportunity until all other appropriate contractors on the small works ~
roster have been afforded an opportunity to submit a proposal on a contract.
3
18 fM)€ 00
670
VOL
3. Award. The award shall be made to the lowest responsible responsive bidder.
4. No advertisement. A contract awarded from a small works roster need not
be advertised.
5. Public Inspection. Immediately after the bids are opened, the bid quotations
obtained shall be recorded, open to public inspection, and available by
telephone inquiry.
( c) Vendor list bidding procedure - When allowed by this ordinance vendor list bidding
shall entail the following:
1. Establishment of list. At least once per year, the county shall publish in a
newspaper of general circulation within the county a notice of the existence
of vendor lists and solicit the names of vendors for the lists.
2. Bids. Whenever a purchase of supplies is to be made using the vendor list
the agency or purchasing department shall secure telephone or written
quotations or both from enough vendors listed to insure establishment of a
competitive bid. Whenever possible at least three vendors shall be invited to
submit bids. A record of all bids shall be maintained.
3. Award. The award shall be made to the lowest responsible responsive bidder.
4. No advertisement. A contract awarded pursuant to this section need not be
advertised.
5. Public Inspection. Immediately after the bids are opened, the bid quotations
obtained shall be recorded, open to public inspection, and shall be available
by telephone inquiry.
(d) Request for proposals bidding procedure. When authorized by this ordinance,
request for proposal bidding procedure shall include the following:
..-
1. Request for Proposals. Proposals shall be solicited through preparation of a
Request for Proposal. The Request for Proposal shall descnbe the services
required, list the type of information and data required of each offeror, and
state the relative importance of particular qualifications. The Request for
Proposal shall also set forth the factors that will be used to evaluate the
proposals. "
2. Public Notice. Public Notice of the Request for Proposals shall be published
in the county official newspaper at least ten (10) days prior to the last date
upon which proposals will be received.
3. Receipt of proposals. Proposals shall be opened so as to avoid disclosure of
contents to competing offerors during the review process. A register of
Proposals shall be prepared and shall be open for public inspection after the
award is made.
."o~_.
418 iAC~ 00 679
4. Discussions. The agency may conduct discussions with any offeror who has
submitted a proposal to determine such offeror's qualifications for further
consideration. For the purpose of clarification to assure full understanding
of, and responsiveness to the solicitation requirements, discussions may be
conducted with responsive offerors who submit proposals determined to be
reasonably susceptible of being selected for award. Discussions shall not
disclose any information derived from proposals submitted by other offerors.
5. Award. Award shall be made to the offeror determined in writing by the
agency to be best qualified based on the evaluation factors set forth in the
Request for Proposals.
SECTION 4. PUBliC WORKS CONTRACTS
(a) Public Works Contracts having an estimated value of less than ten thousand dollars
($10,000).
All public works contracts with an estimated value of less than ten thousand dollars
($10,000) may be made without any advertising and without observing any bidding
process.
(b) Public Works Contracts having an estimated value of ten thousand dollars ($10,000)
or more.
Except for contracts authorized to be let using the small works roster bidding
procedure, no public works contract with an estimated value of ten thousand dollars
($10,000) or more may be let until after competitive sealed bidding.
(c) Small works roster.
Public works contracts with an estimated value of one hundred thousand dollars
($100,000) or less may be awarded using the small works roster bidding procedure.
(d) Bid Bond.
No bid may be considered for a public work contract unless it is accompanied by
a bid deposit in the form of a surety bond, postal money order, cash, cashier's check,
or certified check in an amount equal to five percent of the amount of the bid
proposed.
(e) Perform.an.ce Bond.
The Board shall require from the successful bidder, for such public work,
perform.an.ce and labor and material bonds in the amount and with the conditions
imposed by law. If the bidder to whom the contract is awarded fails to enter into
the contract and furnish the contractor's bond as required within ten (10) days after
notice of the award, exclusive of the day of notice, the amount of the bid deposit
shall be forfeited to the county and the contract awarded to the next lowest
l,.~l
5
18 rM;~ 00 680
responsible bidder. The bid deposit of all unsuccessful bidders shall be returned
after the contract is awarded and the required contractor's bond given by the
successful bidder is accepted by the Board.
SECTION 5. PROCUREMENT OF SUPPliES
(a) Supplies having an estimated value of less than two thousand five hundred dollars
($2,500).
Procurement of supplies having an estimated value of less than two thousand five
hundred dollars ($2,500) may be made without any advertising and without observing
any bidding procedure (refer to Section 11).
(b) Supplies having an estimated value of two thousand five hundred dollars ($2,500) and
above.
Except for procurement authorized to be made using the vendor list bidding
procedure no procurement of supplies having an estimated value of two thousand
five hundred dollars ($2,500) or more may be made until after competitive sealed
bidding.
(c) Supplies having an estimated value of between two thousand five hundred dollars
($2,500) and twenty-five thousand dollars ($25,000).
Procurement of supplies having an estimated value between two thousand five
hundred dollars ($2,500) and twenty-five thousand dollars ($25,000) may be made
using the vendor list bidding procedure.
SECTION 6. PROCUREMENT OF SERVICES
(a) Services having an estimated value of less than two thousand five hundred dollars
($2,500).
Procurement of services having an estimated value of less than two thousand five
hundred dollars ($2,500) may be made without any advertising and without observing
any bidding procedure (refer to Section 11).
(b) Services having an estimated value of two thousand five hundred dollars ($2,500) and
more.
Except for procurement authorized to be made using the vendor list bidding
procedure no procurement of services having an estimated value of two thousand five
hundred dollars ($2,500) or more may be made until after competitive sealed
bidding.
vot
6
18 tAr,~ 00
68~
( c) Services having an estimated value between two thousand five hundred dollars
($2,500) and twenty-five thousand dollars ($25,000).
Procurement of services having an estimated value between two thousand five
hundred dollars ($2,500) and twenty-five thousand dollars ($25,000) may be made
using the vendor list bidding procedure.
(d) Human Services and Computer Services.
Human services and computer services may be procured using the competitive
bidding process or the request for proposal process. Provided that when procuring
computer services the agency shall specify in the request for proposal that cost shall
be a significant evaluation factor, but not necessarily the major, evaluation factor.
Provided further that the Data Processing Division shall review all proposed
procurement of data processing hardware, software, data telecommunications,
automated records s~orage systems, and computer services contracts.
(e) Architect and Engineer Services.
Whenever an agency seeks to procure architect or engineering services, the agency
shall make certain that the following procedures are followed.
1. Announcement and Publication. On each occasion when
architect/engineering services are needed, the agency shall publish an
announcement of the category and type of architect/engineering services
needed. In the alternative the agency may announce generally once a year
its projected requirements for any category or type of architect/engineering
services and develop a list of firms interested in. providing
architect/engineering services.
2. Submission of Statement of Qualifications. Firms interested in performing
specific architect/engineering services or being placed on the list, shall submit
a statement of qualifications and perform.an.ce data.
3. Selection of Qualified Firm. When an agency determines
architect/engineering services are needed, the agency shall evaluate the
statements of qualification and performance data on file together with those
that may be submitted by other firms regarding the specific project and
conduct discussions with such firms regarding their approach or proposals
regarding the project. Thereafter the agency shall, based on agency criteria,
select the most highly qualified firm to provide the architect/engineering
services. The criteria shall include a plan to insure that minority and women-
owned firms are afforded the maximum opportunity to compete for and obtain
public contracts for architect/engineering services.
4. Contract Negotiations. After selecting the most qualified firm, the agency
shall negotiate a contract with the firm at a price which the agency determines
is fair and reasonable.
7
18 t^r~~ 00 68Z
\/O!_
.sECTION 7. PROVISIONS MANDATORY
Except as herein provided, it shall be unlawful for any county official or employee to make
any procurement or award any contract within the scope of the Ordinance contrary to the
provisions hereof and any such procurement or award shall not be approved by the Board
and in any event whether approved or not, the County shall not be bound thereby.
SECTION 8. CONFLICTS OF INTEREST
All persons involved in county purchasing are required to follow the rules regarding
conflicts of interest as set forth in RCW 42.23 as now or hereafter amended and, in addition
thereto, are expressly prohibited from accepting, directly or indirectly, from any person,
company, firm, or corporation to which any procurement or contract is or might be
awarded, any rebate, gift, money or anything of value whatsoever, except where given for
the use and benefit of the county.
~ECTION 9. MULTI-YEAR CONTRAcrs AUTHORIZED
Contracts for those supplies and services identified by Board resolution may exceed one
year in length and require the payment of funds from appropriations of subsequent fiscal
years. In no event, however, shall the contracts authorized by this section be for more than
five (5) years in length.
SECTION 10. INSPECTION AND TESTING
The Agency or designee shall inspect all deliveries of supplies or services to determine their
conformance with the standards and specification set forth in the contract.
SECTION 11. SUBDMSION OF PURCHASES PROHIBITED
No contract or purchase shall be subdivided to avoid the requirements of this Ordinance.
Dollar limits will be determined, not per item, but per purchase event. To determine the
full cost of an item(s), the following criteria are applicable: (a) cost before any trade-in;
(b) include the cost of shipping; and (c) exclude sales tax.
Simultaneous purchases of supplies or services which are unrelated or otherwise not
constituent parts of a larger item or service do not constitute "subdivisions" or "purchase
events", for purposes of this section.
vat
8
18 f~\,~ 00 683
SECTION 12. EMERGENCY PROCEDURES
When an apparent emergency exists, such as it appears the public interest or property of
the County would suffer material injury or damage by delay, the agency head may, upon
preparing a report for the Board declaring the existence of such apparent emergency and
reciting the facts constituting the same, request waiver of the provisions of this ordinance
to the extent necessary to overcome the apparent emergency; and the Board may then, by
resolution declare the existence of such emergency and reciting the facts constituting the
same, waive the provisions of this ordinance to the extent necessary to overcome the
emergency.
SECTION 13. EXEMPTIONS
The following contracts and purchases are exempted from the coverage of this ordinance
and may be awarded without advertising and bidding:
(a) Perform.an.ce based contracts. Performance based contracts as defined in RCW
39.35A020(3).
(b) Contracts for elections material. Contracts and purchases for the printing of election
ballots, voting machine labels, and all other election material containing the names
of candidates and ballot titles.
(c) Day labor. Day labor as set forth in RCW 36.77.065, and county road construction
and road improvement project contracts provided the procedures set forth in RCW
36.77.020 -.040 are complied with.
(d) Cooperative Purchasing. Each department head shall have authority to join with
other units of government irt cooperative purchasing plans pursuant to RCW 39.34,
when the best interests of the County would be served, provided that each of the
participating units shall be separately invoiced by the vendors for purchases made
under such plans'; that proper County agreements be formulated by the County
Prosecutor prior to entering interlocal agreement plans; and provided that Jefferson
County shall not be obligated for purchases other than' those required for its own
use; and provided that all such agreements referred to in this item shall be subject
to approval by the County Commissioners.
(e) Auctions. The purchase of any supplies at auctions conducted by the government
of the United States or any agency thereof, any agency of the State of Washington,
any municipality or other governmental agency, or any private party if the items can
be obtained at a competitive price.
(f) Exemptions under State and Federal Law. Purchases or contracts which are exempt
from competitive' bidding procedures under state or federal statute, regulations or
case law.
9
\}('"
1.8 HC: 00 684
'SECTION 14. SOT R SOURCE PROCUREMENT
A contract may be awarded for a supply, service or public work without competition when,
the agency determines that there is only one source of the required supply, service, or
public work.
SECTION 15. PURCHASE OF ROAD MAINTENANCE MATERIAL
When C8lling for bids for the procurement of road maintenance material, the county may
award the contract to multiple bidders of the same commodity when the bid specifications
provide for the factors of haul distance to be included in the determination of which vendor
is the lowest responsible bidder. The county may re-advertise for additional bidders and
vendors if it deems it necessary in the public interest.
SECTION 16. POSTING OF CONTRACTOR LIST
, At least once every two months the purchasing agency shall post a list of the contracts
awarded or purchases made under the small works roster bidding procedure and vendor list
bidding procedure. The list shall contain the name of the contractor or vendor awarded
the contract, the amount of the contract, a brief description of the type of work performed
or items purchased under the contract, and the date it was awarded. The list shall also
state the location where the bid quotations for these contracts are available for public
inspection.
SECTION 17. SEVERABIUTY
Hany section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this Ordinance; it being
herein expressly declared that this ordinance and each section, subsection, paragraph,
sentence, clause and phrase thereof would have been adopted irrespective of the fact that
one (1) or more other sections, subsections, paragraphs, sentences, clauses, or phrases be
declared invalid or unconstitutional.
SECTION 18. REPEALER
All prior resolutions and ordinances establishing the requirements for letting of county
contracts are hereby repealed.
10
"" 18 r,~r,~ 00
685
SECTION 19. EFFECTIVE DATE
This ordinance shall become effective ten (10) days after being signed by the Board.
$-
DATED this -L- day of :.:r tvY\..L , 1992.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
~tt)~~
. ennison, Chairman
11
18 fA\~~ 00 68G