HomeMy Public PortalAboutResolution 21-05 Adopting the Purchasing Policy Manual City of McCall
RESOLUTION 21-05
A RESOLUTION OF THE CITY OF McCALL, IDAHO, ADOPTING THE PURCHASING
POLICY MANUAL AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,A Purchasing Policy Manual has been created to capture relevant legal requirements
and to describe City purchasing policy and procedures; and
WHEREAS,on January 7,2021 the McCall City Council reviewed the Purchasing Policy Manual
in a public meeting; and
WHEREAS, it is the intent of the City of McCall to provide clear and consistent guidance for all
employees, managers, vendors and the City Council on matters of procurement of goods and
services in the best interest of McCall taxpayers and in conformance with state laws; and
WHEREAS, it is the intent of the City of McCall to ensure efficient purchasing practices with
properly delegated signature authorities and oversight; and
WHEREAS,the McCall City Council has considered the advice of the Association of Idaho Cities,
ICRMP, the City Attorney, and the City's external auditor on best practices for procurement,
delegation of signature authorities, and oversight;
NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the City of McCall,Idaho
as follows:
Section 1: This Resolution adopts the Purchasing Policy Manual dated February 2021 attached
hereto as Exhibit A, which Manual shall bear the date of this resolution and an effective date of
March 1, 2021.
Passed and approved this 1 Ith day of February 2021.
CITY OF MCCALL
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Page 1 of 1
Resolution 21-05 Purchasing Policy
February 11,2021
EXHIBIT A
Oy of
McCall
IDAHO
PURCHASING
POLICY
Approved by City Council
February 2021
11Page
Table of Contents
1 -Policy....................................................................................................................................... 1
2 - Purpose.................................................................................................................................... 1
3 -Scope.......................................................................................................................................1
4 -Enforcement ............................................................................................................................1
5 -Responsibilities.......................................................................................................................2
5.1 City Manager..............................................................................................................2
5.2 Treasurer. ...................................................................................................................2
5.3 City Clerk...................................................................................................................2
5.4 Department Director...................................................................................................3
5.5 Employees..................................................................................................................3
5.6 City Council...............................................................................................................3
6 -Principles of Purchasing..........................................................................................................4
6.1 Vendor Relations........................................................................................................4
6.2 Sources of Supply......................................................................................................4
6.3 City Business License................................................................................................3
6.4 Prohibited Conduct.....................................................................................................5
6.5 Competitive Procurement...........................................................................................7
6.6 Emergency Purchases.................................................................................................7
6.7 Grants.........................................................................................................................7
6.8 Business Preference ...................................................................................................7
6.9 Tax Exemption...........................................................................................................8
6.10 Worker's Compensation&General Liability Insurances..........................................8
6.11 Encumbrances ............................................................................................................9
6.12 Fixed Asset Accounting .....................................:.......................................................9
6.13 Surplus, Scrap, &Recyclable Property......................................................................9
6.14 Suggestions.................................................................................................................9
7 - Sanctions..................................................................................................................................9
8 - Supplemental Materials...........................................................................................................9
Purchasing Procedures..................................................................................................................10
1 -Types of Purchases...................................................................................................................10
1.1 Thresholds for Goods& Services............................................................................10
1.2 Thresholds Public Works Construction...................................................................11
1.3 Professional Design Services...................................................................................12
1.4 Purchases Exempted from Competitive Procurement.............................................. 13
2 -Requisitions&Purchase Orders..............................................................................................14
2.1 Requisition...............................................................................................................14
2.2 Annual Requisition..................................................................................................15
2.3 Purchase Order.........................................................................................................15
2.4 Purchase Order Receiving........................................................................................15
3 -Competitive Procurement for Goods and Services..................................................................15
3.1 Informal Solicitation for Goods& Services.............................................................16
3.2 Informal Requests for Proposals..............................................................................17
3.3 Formal Solicitation for Bids for Goods& Services.................................................20
3.4 Formal Request for Proposals..................................................................................23
4-Competitive Procurement for Public Works Construction......................................................26
11Page
4.1 Informal Bid for Public Works Construction...............................................................26
4.2 Formal Bid for Public Works Construction..................................................................28
5 -Competitive Procurement for Professional Services...............................................................31
5.1 Direct Request..............................................................................................................31
5.2 Establishing and Maintaining Consultant Roster.........................................................31
5.3 Formal Request for Qualifications ...............................................................................32
5.4 Selection Criteria..........................................................................................................33
5.5 Selection Procedure......................................................................................................34
5.6 Negotiations..................................................................................................................35
5.7 Contract Extensions......................................................................................................35
5.8 Contract Award.............................................................................................................35
TABLE—Guidelines for Acquiring Professional Services..........................................................36
APPENDICES
Purchasing Processes(Charts)......................................................................................................37
Goods& Services .............................................................................................................38
PublicWorks Construction...............................................................................................39
Specifications Development.............................................................................................40
ContractApproval.............................................................................................................41
ChangeOrder....................................................................................................................42
Emergency........................................................................................................................43
SoleSource.......................................................................................................................44
Piggyback..........................................................................................................................45
Surplus..............................................................................................................................46
Definitions.....................................................................................................................................48
Environmental Preference Policy.................................................................................................52
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SECTION 1: POLICY
To purchase goods and services in a fair and impartial manner and at a competitive price so that
public dollars are expended in the most cost-effective manner possible,all while complying with
any applicable federal, state, and local laws.
The City promotes a procurement environment based on the understanding that departments are
in the best position to determine what they need to run their operations. Policies, principles,
processes, and procedures are meant to support the need to obtain products and services in a
timely and cost-effective manner while also making sure that appropriate business and legal
principles and processes are followed.
SECTION 2: PURPOSE
The purpose of the Purchasing Policy is to establish an overall philosophy for purchasing goods
and services on behalf of the City while always being mindful that each purchase represents a
direct cost to the citizens and taxpayers. Ethics, Impartiality, Accountability, Professionalism,
Service, and Transparency are the values and guiding principles of public purchasing. This
policy was developed to encourage competitive solicitations, promote transparency, and guard
against fraud,collusion,and favoritism as well as receive the best goods and services at the most
reasonable price practicable.
Considerable authority has been delegated to departments to make purchasing decisions and this
requires that employees involved at every step of the process take full responsibility for
understanding the City's policies, principles, processes, and procedures regarding purchasing,
payments, and vendor relations.
This policy is intended to provide guidance for those making purchases on behalf of the City
and is not meant to answer all questions. Refer to the Processes and Procedures appendices and
related Standard Operating Procedures for guidance in following this policy.
SECTION 3: SCOPE
This policy applies to all City of McCall employees, City Council members, commission
members acting on behalf of the City, and anyone acting as an agent of the City when making
purchases with City funds.
SECTION 4: ENFORCEMENT
The responsibility for the day-to-day compliance with the Policy shall rest with the Treasurer,
under the general direction of the City Manager.
The HR Manager shall see that each Department Director, Manager, Supervisor and other City
employees involved in the purchasing process receive a copy of the Purchasing Policy.
Certification of receipt of the Purchasing Policy shall be placed in the employee's personnel file.
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SECTION 5: RESPONSIBILITIES
A purchasing system cannot function properly without the cooperation and assistance of all
involved parties.
5.1 : City Manager
The City Manager's responsibility is to:
5.1.1 Recommend approval of Purchasing Policy and Procedures by City Council
5.1.2 Oversee the Treasurer
5.1.3 Promote an intelligent and harmonious relationship between the Treasurer and other City
Departments relative to administration of this policy
5.1.4 Review and approve purchases within authority delegated by City Council
5.1.5 Review and approve contracts within authority delegated by City Council
5.2: Treasurer
The Treasurer's responsibility is to:
5.2.1 Act as the City's Procurement Officer and administer the purchasing policy
5.2.2 Review requisition and purchase order requests for accuracy and reasonableness to
determine sufficient budget authority exists
5.2.3 Institute reports necessary to permit analysis of purchasing performance and provide
documentation required for any audit
5.2.4 Advise Departments on the proper purchasing method to utilize to ensure that contracts are
used where required and have been reviewed by the City Attorney
5.2.5 Consolidate purchase of like or common items when feasible and beneficial
5.2.6 Define how to obtain savings and to coordinate purchasing procedures
5.3: City Clerk
The City Clerk's responsibility is to:
5.3.1 Receive copies of all SFBs, RFPs, and RFQs and evaluation committee notes in the bid
document Laserfiche file for retention and audit purposes
5.3.2 Attend all bid openings and record bid results
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5.3.3 Act as City's Risk Manager and assist Departments and the City Attorney with negotiation
of contract terms and conditions to minimize the City's liability exposure
5.3.4 Receive all vendor/contractor protests and objections that believe they were prejudiced by
the City's procurement or award procedures
5.3.5 Manages disposal of Surplus,Scrap,and Recyclable Property processes for all departments
5.3.6 Determines when a City business license is required for vendors doing business with the
City
5.4: Department Directors
The Department Director's responsibility is to:
5.4.1 Determine the need for goods or services using prudent judgment, within budgetary
restrictions
5.4.2 Analyze prices paid for materials and equipment
5.4.3 Direct sales representatives to the Treasurer's office as their first point of contact with the
City
5.4.4 Negotiate contract terms and conditions with City Attorney and City Clerk assistance
5.4.5 Prepare all bid package and solicitation materials,quote solicitations, specifications,draft
contracts,purchase orders,notices and City Council agenda packets as required to comply
with purchasing procedures
5.4.6 Ensure all contracts, agreements, and MOU's are reviewed by the City Attorney prior to
execution
5.4.7 Provide copies of all documents to the Treasurer and/or City Clerk in Laserfiche
5.5: Employees
Employee's(involved with purchases)responsibility is to:
5.5.1 Become familiar with and follow the purchasing policy, principles, processes, and
procedures
5.5.2 Stay within authorized spending and contract levels
5.6: City Council
The council's responsibility is to:
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5.6.1 Take action on contracts upon the recommendation of the Department Director as
supplemented by the Treasurer and/or City Manager, if required
SECTION 6: PRINCIPLES RELATED TO THE ADMINISTRATION OF THIS
POLICY
6.1 : Vendor Relations
6.1.1 The Treasurer will promote a program of fairness and professionalism with all vendors.
6.1.2 The Treasurer and/or Department Director will receive sales representatives as promptly
and courteously as time permits
6.1.3 During evaluation and negotiation periods,prices and other specific information received
from vendors will not be divulged to other vendors
6.1.4 The Department Director will advise unsuccessful Bidders as to the disposition of their
bids
6.1.5 Bidding participants may protest to the City that they were prejudiced by the City's
procurement or award procedures.
6.1.6 City employees will interact with employees from other companies in a professional
manner that will reflect well on the City of McCall and the State of Idaho.
6.2 : Sources of Supply
The Treasurer shall, with the input of the appropriate department, select sources of supply in
accordance with Idaho Code §§ 67-2801 through 67-2809 and any other applicable state and
federal code. This shall be accomplished with a view toward creating good vendor relations and
promoting the best interests of the City. The City recognizes that frankness and fair dealings are
the cornerstones of strong and lasting relationships with suppliers. In no event will favoritism
be shown to vendors.
6.3: City Business License
City Code Title 4 requires that all vendors who maintain a physical office or place of business
within the City must have a City of McCall business license. However, vendors whose primary
office or place of business is located out-of-town will not be required to obtain a City of McCall
business license.
All personal and professional service vendors doing business with the City must have an active
State of Idaho license from the appropriate licensing agency applicable to their profession.
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6.4 : Prohibited Conduct
There are several statutes that regulate the conduct of those who make or approve purchases on
behalf of the City. Every employee or City official who makes or approves purchases on behalf
of the City is required to familiarize him/herself and act in accordance with the following
statutes:
1. Bribery and Corrupt Influence Act: Idaho Code Title 18, Chapter 13
2. Misuse of Public Moneys: Idaho Code Title 18, Chapter 57
3. Willful Avoidance of Procurement Statutes: Idaho Code § 59-1026
4. Ethics in Government: Idaho Code Title 74,Chapter 4
5. Prohibitions against Contracts with Officers: Idaho Code Title 74, Chapter 5
6. Purchasing by Political Subdivision: Idaho Code Title 67,Chapter 28.
All employees and City officials must refrain from unethical or illegal purchasing practices. It
is important to protect decision impartiality, including appearances affecting impartiality, in
order to earn and maintain the public's, and vendor community's, confidence in the integrity of
government.
Below are some of the acts prohibited by the above-listed statutes. However, the following list
is not a complete list of all conduct prohibited by such statutes. It is the responsibility of each
employee and City official to read and understand the statutes listed above. Any questions as to
whether conduct is prohibited and/or unethical should be directed to the Treasurer and/or the
City Attorney.
6.4.1 Gifts&Gratuities(I.C. U 18-1356, 18-1359)
City employees, city council members,board or commission members, and anyone
acting as an agent of the city are expressly prohibited from soliciting or accepting any
rebate, merchandise,money, entertainment, gift,travel,meals, or gratuity,of any
amount,no matter how trivial it may seem, from any person,company, firm, or
corporation to which any purchase order or contract is, or might be, awarded. Therefore,
while Idaho Code §§ 18-1356(5)and 18- 1359(1)(b), do not prohibit trivial gifts or
benefits valued less than$50.00 if they are incidental to personal,professional or
business contacts and do not affect official impartiality, City practice does not allow
these if you are in a position to steer business in the direction of the gift giver.
6.4.2 Accepting a Bribe(I.C. § 18-1352)
Accepting a bribe is a felony. Do not accept or solicit money,gifts, merchandise, or
other benefits from a vendor or contractor in exchange for a favorable decision, opinion,
or recommendation to said vendor or contractor. It is not a defense that the person
whom the vendor or contractor attempted to influence did not have the authority to act
in the desired way.
6.4.3 Bid Splitting & Avoidance of Competitive Bidding and Procurement (I.C. § 59-1026)
Intentionally splitting a procurement to avoid competitive procurement dollar thresholds
is illegal. Likewise, it is illegal to willfully or knowingly avoid compliance with
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procurement or competitive bidding statutes; for example, falsifying an emergency
situation to avoid the competitive bid process, discouraging a qualified vendor or bidder
from submitting a bid, or failing to present the lowest responsive bid to the City Council
due to your personal bias for another bidder or against the lowest responsible bidder,
would violate this section. Violation can result in civil penalties of up to $5,000 per
violation and the reasonable costs incurred by the entity bringing the enforcement action.
Perceptions,correctly or incorrectly,play a huge part in the determination of bid splitting.
The question at hand is: "Would a reasonable person, in the same circumstances, have
been able to foresee the additional expenses needed for the project or task, which were
purchased at a later date?" If "yes", then the probability is high that the additional
procurement is a case of intentional bid splitting.
6.4.4 Conflict of Interest(I.C. Title 74, Chapters 4 and 5)
Conflict of Interest: Any official action or any decision or recommendation by a person
acting in a capacity as a public official, the effect of which would be to the private
pecuniary benefit of the person, an immediate family member, a member of the person's
household, or a business with which the person, an immediate family member, or a
member of the person's household is associated.
The City will not tolerate circumstances that produce, or reasonably appear to produce,
conflicts between the personal interest of an employee and the interests of the City.
Therefore, no employee, officer, immediate family member, board or commission
member, council member, or agent may participate in the selection, award, or
administration of a contract if a conflict of interest,real or apparent,would be involved.
Any conflict of interest, real or apparent, must be reported to the Treasurer or designee
and, if an employee,to the employee's immediate supervisor. After careful review of the
situation, the person may be disqualified from participating in selection, award, and/or
administration of the contract involved.
6.4.5 Organizational Conflicts of Interest:
An organizational conflict of interest may exist when:
6.4.5.1 The activities, relationships, or other contracts of a contractor makes the contractor
unable, or potentially unable, to render impartial assistance or advice to the city;
6.4.5.2 A contractor's objectivity in performing the contract work is, or might be, otherwise
impaired for any reason. An example is a study performed by an engineering firm
where there is possible additional work, such as design or construction work, that
could result from the firm's recommendation on current study work; or
6.4.5.3 A contractor has an unfair competitive advantage for any reason (such as when the
contractor assists in writing the specifications used in a Solicitation for Bids.).
6.4.5.4 City employees involved in contracting are required to attempt to identify real and
apparent instances of organizational conflict and to discuss such with the Treasurer
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and City Manager before contracting with a contractor or vendor.After careful review
of the situation, the contractor or vendor may or may not be disqualified from
providing services.
6.4.6 Duty to Report Violations
Those knowing about or suspecting a violation of these standards of conduct must pursue
their concerns with appropriate supervisory and management staff. If the person is
uncertain which person to report to,they shall report to the City Manager.
6.5 : Competitive Procurement
To promote fairness for vendors and wise use of taxpayer dollars, all goods and services will be
obtained through competitive processes, unless exempted (Idaho Code §§ 67-2801 — 67-2809
and § 67-2320). The procurement process to be followed will be determined by total estimated
costs, including shipping, delivery, installation, length of contract, contract extensions,
additional project tasks and phases, etc. Purchases will not be split to avoid competitive
procurement requirements(Idaho Code § 59-1026).
6.6: Emergency Purchases
Idaho Code§67-2808 permits the purchase(without competitive procurement processes)of any
supplies or services for which immediate procurement is essential in an emergency. Idaho Code
defines an emergency as the occurrence or imminent threat of a disaster or condition threatening
life or property that requires state emergency assistant to supplement local efforts to save lives
and protect property or to avert or lessen the threat of a disaster. I.C. 46-1002(3). Idaho Code
also identifies that procurements may be permissible under emergency provisions to respond to
a great public calamity (flood, fire, epidemic, other disaster); when necessary for national or
local defense; or when necessary to safeguard life, health, or property. Before any procurement
may occur, the City Council, or City Manager (depending on authority cited for declaring the
emergency),must declare the emergency by resolution.
6.7: Grants
When purchases are fully or partially funded by state or federal dollars, it is the City's intention
to follow all applicable federal and state guidelines where required. The appropriate process is
to follow the most stringent applicable procedures. This may result in a combination of federal,
state and local requirements. It is the responsibility of the department receiving the grant to
become familiar with and follow any procurement requirements mandated by the grant while
also following all city and state requirements. This policy does not attempt to set forth federal
procurement policies or procedures.
6.8: Business Preferences
6.8.1 The City believes in open competition and does not have any preferences,quotas,or goals
for purchasing from small, minority, or disadvantaged businesses, except purchases that
are made with certain federal funds.However,departments are encouraged to notify these
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businesses of available bid/quote opportunities and to purchase goods or services from
them whenpossible.
6.8.2 Idaho Code allows, and sometimes requires,preferences for an Idaho vendor over an out-
of-state vendor (see e.g. Idaho Code § 67-2801). Such preferences are dependent on
various factors and applicability needs to be determined with each purchase.
6.9: Tax Exemption
The City is an Idaho Municipal Corporation and therefore is exempt from all federal excise
taxes, regardless of seller's location, and exempt from all Idaho state sales tax for items
purchased in, or shipped to, Idaho.
Employees need to inform vendors that the City is tax exempt. If the vendor requests
verification,please contact the Treasurer for an exemption certificate.
If employee is physically obtaining goods or services in another state,the purchase is subject to
that state's and locality's tax policies.
6.10 : Workers Compensation and General Liability Insurances
Vendors or contractors providing a service to the City that is performed on City property or on
someone else's property at the direction of the City must provide the City with proof of Worker's
Compensation and General Liability insurances. The Workers Compensation policy must comply
to all of Idaho's Workers Compensation statutes.No waiver for coverage is permitted and no other
type of insurance can be used as a substitute for Worker's Compensation Insurance. The General
Liability policy must include a minimum liability limit equal to the tort claim limits set out in
Idaho Code Title 6, Chapter 9.
There are certain occupational exemptions from coverage allowed and listed under Idaho Code,
Section 72-212. If there is a qualified exemption, a written statement indicating the occupational
category must be submitted to the department soliciting the work prior to work beginning.NOTE:
Even though certain vendors are exempted from carrying workers compensation coverage, the
requirement for workers compensation coverage does not go away: It shifts to the City.
If the City engages a contractor or vendor that does not have Worker's Compensation insurance
on file with the Idaho Industrial Commission at the time work is performed,the City may be liable
for that vendor's worker's injuries when that worker is performing services on City property (or
other's' property) at the City's request. The City may be responsible for any claims. The claims
would count against the City's experience modification factor which could have the potential to
greatly increase the City's workers compensation insurance premium. These costs may be
chargeable to the department that used the uninsured vendor.
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6.11 : Encumbrances
Funds are to be encumbered by a Purchase Order, using the appropriate expense account, as soon
as an expense is known or anticipated. Application of this principle helps to ensure funds are
available for obligations and reduces the chances of exceeding available budget. A purchase order
is not intended to replace the need for a contract.
6.12 : Fixed Asset Accounting
Items purchased with a minimum value of one thousand five hundred dollars($1,500)and a useful
life of at least three(3)years must be recorded and inventoried. The minimum value required for
items to be inventoried will be adjusted to the current year deductible on the City's liability policy
with ICRMP. Items with a value of ten thousand dollars ($10,000) or higher will be capitalized
and depreciated.
6.13 : Surplus,Scrap,and Recyclable Property
City Clerk is charged with disposal of surplus property and will do so in a manner to obtain the
maximum benefit for the City. All surplus property, except scrap metal and recyclable materials,
must be declared surplus by the City Council before disposal. The City Clerk then shall have
authority to sell by auction all such surplus property or to transfer property to another city
department. No City asset, supplies, materials, or equipment shall be sold or otherwise disposed
of,without prior approval of the City Clerk.
Sales of surplus property shall be formally advertised and conducted by public auction. City
employees are not prohibited from bidding on surplus city property as long as they were not
involved in the surplus decision process.
Scrap metal and recyclable materials shall be disposed of by the City Clerk, or as delegated to
departments,in such a manner and at such times to obtain the highest possible price from interested
scrap dealers or recyclers. Those with delegated authority to dispose of scrap metal and recycle
materials will submit an annual scrap/recycle report to the City Clerk.
6.14: Suggestions
Suggestions that will help reduce costs,promote efficiency, or improve supplier service are both
welcome and requested. Cost reduction ideas should reduce costs without a corresponding
reduction in quality of service.
SECTION 7: SANCTIONS
Employees having been investigated and found to have violated the purchasing policy will be
disciplined in accordance with the City of McCall Personnel Policies.
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SECTION S: SUPPLEMENTAL MATERIALS
Additional City policies as adopted from time to time may apply to certain purchasing actions such
as a Credit Card Policy or a Fuel Card Use Policy.
101Page
PURCHASING PROCEDURES
This portion of the manual briefly outlines the City's purchasing procedures and the forms
designed to complement this system. The City acquires various types of property and services:
goods and services;public works construction; and professional services.
"Cost" is determined based on the WHOLE project, purchase, or contract and may include
shipping, delivery, maintenance, consultant travel, multiple years, anticipated additional tasks &
phases, etc. Do not split amounts to stay under competitive procurement thresholds as this is
considered bid splitting and is prohibited by Idaho Code §59- 1026.
When possible, the City will endeavor to use businesses with a significant Idaho economic
presence.
SECTION 1: TYPES OF PURCHASES
This section identifies monetary thresholds which trigger different procurement procedures, but
only includes a summary description of the procedures required at the higher thresholds. More
detailed explanations of procurement procedures for various types of purchases at the higher
monetary thresholds are set forth in Sections 3, 4, and 5 below.
1.1: Thresholds for Purchases of Goods or Services (except public works construction)—'
< 50 000 May be conducted with any vendor believed to provide the best value.Obtaining
competitive quotes is not required but is encouraged. When applicable, these
purchases should be spread out over the various local vendors who are able to
provide the same item(s) or service(s) at comparable prices. City Manager signs
any contracts greater than$10,000 but less than$50,000.
>$50,000 but not to exceed $100,000:
I.C. § 67-2806(1): Must provide written solicitation to a minimum of three vendors
able to provide the good or service. Responses must be in written form: mailed,
faxed, emailed, or delivered. Specifications and responses must be attached to the
electronic requisition(in Caselle). Records must be maintained in Laserfiche for a
minimum of six months.City Council approval required. Mayor signs contract and
any necessary documents.
Over$100,000:
I.C. § 67-2806(2): Must formally solicit bids(see Invitation for Bid or Request for
Proposals)through an open competitive bidding process.Notice,that requests bids,
will be published at least twice in the City's official newspaper, with the second
publication not less than seven days before the opening date.Detailed specifications
must be available to potential bidders upon request, and bidders have up to 3 days
See Purchase Process Goods&Services flowchart on p. 10 supra.
IIIPage
prior to bid opening to object to specifications or bidding procedures. Requirement
of a bid bond is at the discretion of the City.Bonding requirements,when exercised,
are 5% of the bid for the bid bond and 100% of contract price for the performance
bond and payment bond. Bids received must be opened in a public at a designated
time and place. An independent cost estimate must be performed before receiving
bids or proposals. The process for selecting that winning bidder is set forth in more
detail in I.C. § 67-2806(2)(e)-O). City Council decides winning bid and may also
choose to reject all submitted bids and request the process be re-bid. Mayor signs
any contract. Unsuccessful bidders may object to the award of the contract for
seven (7) days after it is awarded, which may require additional review by City
Council.
1.2: Thresholds for Purchases of Public Works Construction Services.Z
Public Works construction is generally all construction and maintenance on city property
buildings, roads, and facilities with non-city personnel. Plans and specifications for
projects>$10,000 must be prepared by, and construction reviewed by, a licensed
professional engineer(Idaho Code § 54-1218).
< 50 000: Contract may be awarded to any contractor believed to provide the best value for
the City; however, contractor must have Idaho trade license to perform services
(e.g. electrical, plumbing, HVAC, general contractor, etc.). Obtaining competitive
quotes is not required but is encouraged. Contracts above $10,000 must be signed
by the City Manager.
>$50,000 but not to exceed$200,000:
Idaho Code § 67-2805(1): A written solicitation for bids for public works
construction must be supplied to a minimum of three (3) Idaho Public Works
licensed contractors. The solicitation must include sufficient detail that an
experienced public works contractor could understand the construction project
requested.The solicitation shall also identify the proper method for submitting bids
and time for responding, provided that potential bidders shall have at least three
days to submit a bid or to object to the specifications or bid procedures.Bid security
of at least 5%is required. Response is required to be in written form: by mail, fax,
email, or otherwise delivered. The specifications and bids must be attached to the
requisition. Bidding records must be maintained for a minimum of six months.
After reviewing bids,the City Council makes award to the lowest responsive bidder
and Mayor signs contract. Payment and performance bonds at 100% of contract
value are required.
Over$200,000:
Idaho Code § 67-2805(2): Formal bid required (see Invitation for Bid). Code
allows two categories of competitive processes: Category A permits any Idaho-
licensed public works contractor to submit a bid. Category B involves pre-
'-See Purchase Process Public Works Construction flowchart on p. 11 supra.
121Page
qualifying contractors and only those contractors may submit a bid for a project
(This is not detailed in this manual. Contact the Treasurer and City Attorney for
additional information on Category B bidding). For both categories, notice will be
published at least twice in the local newspaper,with the second publication not less
than seven days before the opening date.
Detailed specifications must be available, and Bidders have up to 3 days prior to
bid opening to object to specifications. The City may require bidders to provide a
bid security deposit of at least 5%of its bid amount for either Category A or B bids.
Performance and payment bonds at 100% of the contract value are also required.
An independent cost estimate must be performed before receiving bids. City
Council makes decision on which bidder to award the contract to. Mayor signs
contract.
1.3: Thresholds for Purchases of Professional Design Services
Idaho Code § 67-2320 governs acquisition of professional engineering, architectural, landscape
architecture, professional land surveying, and construction management services. All
professional services obtained by the City shall be based on demonstrated competence and
qualifications of the firm(s) or person(s).
The City may establish a list of preapproved professional service providers known as the
"Consultant Roster"by publishing a public notice requesting Statements of Qualification(SOQ).
The Treasurer shall retain these SOQs until such time as the next consultant roster is established.
Establishing and maintaining a consultant roster could eliminate the need to publish a Request
for Proposals (RFQ)each time these types of professional services are needed.
Anticipated fees for determining which selection process to use encompasses all anticipated
stages of a project: preliminary study, conceptual design, final design, construction bidding,
construction oversight,project closeout and any anticipated additional phases or tasks. When the
anticipated fees are:
$25,000 or less:
Selection based on the evaluation of a single firm or person's qualifications is
permitted to allow timely response to small projects. The selection may be made
from the Consultant Roster and using a service provider from the Consultant Roster
is encouraged,but not mandatory.
>$25,000 but not to exceed$200,000:
Selection is based on the evaluation of a minimum of three firms' qualifications.
These qualifications shall be obtained from the Consultant Roster OR through the
publishing of a public notice of Request for Qualifications(RFQ).
3 See Guidelines for Acquiring Professional Services table on p. 13 supra.
13 1 Page
>$200,000:
Selection is based on the evaluation of firms' qualifications obtained by
publishing a public RFQ notice.
NOTE: Professionals selected to perform services pertaining to tasks or phases of a larger
project, selected outside of a competitive process for the overall project, may be
excluded from participation in later phases of the project if the earlier services
allowed access to information that would give the firm an unfair competitive
advantage over other firms or could be perceived as avoidance of competitive
procurement statutes. See Organizational Conflict of Interest (page 5) and Bid
Splitting&Avoidance of Competitive Bidding and Procurement Statutes(page 4).
1.4: Purchases Exempted from Competitive Procurement
1.4.1 Procurements During Emerggncy4
An "Emergency" means the occurrence or imminent threat of a disaster or condition
threatening life or property that requires state emergency assistant to supplement local
efforts to save lives and protect property or to avert or lessen the threat of a disaster. I.C. §
46-1002(3). See also I.C. § 67-2808(1)(a)(i)-(iii) which identifies circumstances that may
constitute an"emergency"
If an emergency exists, the City Council may declare that an emergency exists pursuant to
I.C. § 67-2808(1)(a), which declaration would authorize emergency expenditure of public
money.
During the time where an emergency order is effective,"any sum required in the emergency
may be expended without compliance with formal bidding procedures." I.C. § 67-
2808(1)(b). Therefore, certain emergency related procurements may be made without
formal bidding. However, a Department Director shall not make an emergency
procurement, and forego the usual bidding process, without first obtaining the consent of
the City Manager for such procurement.
1.4.2 Sole Sources
"Sole Source"refers to situations where there is only one vendor reasonably able to provide
a good or service. City Council may make a sole source declaration I.C. § 67-2808(2). The
particular situations which may warrant a sole source declaration are set forth in I.C. § 67-
2808(2)(a)(i)-(viii). Once a sole source declaration is made, it shall be published in the
official newspaper for the City at least fourteen(14)days prior to the award of the contract.
1.4.3 Joint Purchasing and Cooperative Contracts.
Idaho Code § 67-2807. With the approval of the City Council, the City may participate in
joint bidding with other public agencies through cooperative purchasing agreements, or
through participating in cooperative purchasing programs established by any association
that offers its goods or services as a result of competitive solicitation processes. In the
a See flow chart on p. 17 supra.
5 See flow chart on p. 18 supra.
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event the City enters a cooperative purchasing agreement for a single procurement, the
procurement must comply with this policy and state code applicable to the type and amount
of procurement to be made. However, procurements through a cooperative purchasing
program shall be deemed to made in compliance with Idaho law and this policy manual.
1.4.4 Piggybacking6
Idaho Code § 67-2803(1) &(10). If the contract allows it and the vendor is agreeable to do
so,the City may duplicate a purchase from an existing contract that was formally bid by the
State of Idaho, another political subdivision of Idaho, or the federal government. The most
common contracts piggybacked by the City are State of Idaho contracts, Idaho Cities, and
Idaho Counties. Piggyback procurements >$50,000 require City Attorney review and
Council approval.
1.4.5 Phased or Associated Project(pertains to Professional Services only)
Idaho Code § 67-2320(4). If a project is related to or is another phase of a previous project
that was awarded by Council as a result of a competitive selection process, the City may
enter into a new professional services contract or amend the previous contract for the
additional services. If the additional amount is over $25,000, City Attorney review of
"phased or associated" determination required prior to City Manager, or Department
Director, executing contract. If >$50,000, City Attorney review and Council approval
required.
1.4.6 Other Exempted Procurements
Other procurements exempted from the competitive bidding processes of the Idaho Code
are listed in Idaho Code § 67-2803.
SECTION 2: REOUISITIONS & PURCHASE ORDERS
2.1 : Requisition
A Requisition (REQ) shall be used to request a purchase of supplies or services and to ensure
funds are available and set aside(encumbered) for the total cost of the purchase.
The Requisition SHALL not replace the requirement for a proposal or contract when either are
required.
Prior to requesting that a vendor provide goods or services, and prior to entering a REQ, ensure
the intended vendor is already a vendor within Caselle and that the vendor has all required licenses
and insurances.
To create a REQ, open the City's Caselle Connect Online platform and complete a"Requisition
Entry". Use the appropriate expense account.When the form is completed click"Release"which
will start the approval workflow process.The department head is responsible to ensure the correct
vendor,description, expense account,and amount are on the REQ and that that vendor possesses
v See flow chart on p. 19 supra.
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any required licenses and insurances.Once approved,the REQ will be forwarded to the Accounts
Payable who will create the Purchase Order(PO).
The following table represents the requisition approval process steps and approval limits:
A toJEW
v
Department Director or Designee $1,000 or less
Treasurer or Designee
< $5,000
City Manager or Designee <$50,000
2.2: Annual Requisition
In instances where monthly payments are made to a vendor during the year, create one REQ
listing the months and payment amount at the start of the fiscal year or contract term.
In instances where payments of varying amounts will be made to a vendor during the year(such
as office supplies or copier maintenance agreements), create one REQ with a lump sum amount
as the quantity and a unit price of$1.00. This will be turned into a Blanket PO for use to pay
invoices as needed throughout the year. A blanket PO is ideal when you know you will need to
purchase items from a particular vendor throughout the year, but you do not know what will be
purchased each time nor do you know what the costs will be. In these cases, it is beneficial to set
up a fairly generic PO with a lump sum amount that will be "used up" during the year. When
remaining balance gets low, more funds may be added to it via change order.
2.3: Purchase Order
All Purchase Orders (PO) will be processed by the Finance Department. No PO will be issued
without a properly processed REQ. For requisitions under$5,000,the Treasurer may convert the
REQ to a PO. The department head is responsible to ensure the correct vendor, description,
expense account,and amount are on the REQ and that that vendor possesses any required licenses
and insurances.
2.4: Purchase Order Receiving
When items listed on the PO are received and verified, the originator will code and approve the
invoice. Write the PO number on the invoice and send it to Accounts Payable for payment
processing. When an item is backordered or is listed as shipped but not received write "Do Not
Close PO" on the invoice. When the backordered or shorted item is received, code and approve
the invoice. Write the PO number on the invoice and send it to Accounts Payable for payment
processing. Do not pay for goods or services before they have been delivered.
161 Page
SECTION 3: COMPETITIVE PROCUREMENT FOR GOODS AND SERVICES: BID
PREPARATION AND SELECTION PROCESS
3.1 : Informal Solicitation for Bids (ISFB)— Goods and Services (not public works
construction)>_$50,000 but not to exceed $100,000(Idaho Code §§ 67-2806(1))7
3.1.1 When to use an ISFB for Goods and Services Procurements
3.1.1.1 An ISFB shall be used to obtain bids for a procurement of goods and services>$50,000
but not exceeding$100,000.
3.1.2 Preparing&Sending Solicitation for Bids
3.1.2.1 An ISFB must:
3.1.2.1.1 Be written;
3.1.2.1.2 Be provided to at least three (3) vendors by electronic or physical delivery
(either method of delivery is appropriate);
3.1.2.1.3 Describe the personal property or service to be purchased or leased in sufficient
detail that a vendor who deals in such goods or services would understand what
the City needs to procure;
3.1.2.1.4 Identify the proper method for vendors to submit a bid.Namely,it must identify
whether the City requires electronic or physical delivery, and which City
official(s)the bid should be delivered to; and
3.1.2.1.5 Identify the date a bid must be received by the City to for it to be considered.
3.1.2.2 Vendors must be provided adequate time to respond, but not less than three (3)
business days.
3.1.3 Obiections to Solicitation
3.1.3.1 Potential bidders can object to the bid specifications in the ISFB or the bid procedure.
However, such objections must be made received by the City Clerk at least one(1)day
before the deadline for vendors to submit bids.
3.1.3.1.1 If an objection is received, and the City shall promptly notify all vendors who
received the ISFB of the objection.
3.1.3.1.2 The City official that prepared the ISFB may choose to deny the objection and
proceed without modification to the solicitation or bid procedure.
See Purchase Process Goods&Services flowchart at p. 10 supra.
171 Page
3.1.3.1.3 Alternatively, if the objection demonstrates an error with the solicitation or bid
procedure, the City official who prepared the ISFB may modify the bid
procedure (e.g. change the deadline for submitting a bid) or solicitation. All
vendors who received the original solicitation must be given notice of any
modification.
3.1.3.2 Bids must be in writing and be returned to the City Clerk or Department Director that
made the solicitation by the deadline in the ISFB to be considered.
3.1.3.2.1 If the City receives less than three (3) bids, and it is either impossible or
impractical to acquire three (3) bids, it may proceed with less than three bids.
However,the City must document efforts made by the City to obtain more than
three (3) bids, and while it would be impossible or impractical to obtain three
(3)bids.This documentation must be maintained for at least six(6)months after
the procurement is made. If this process concludes with no procurement, this
documentation need not be maintained.
3.1.3.3 Once received, bids are to be compiled by the Department Director or City Clerk and
submitted to the City Council for consideration.
3.1.3.3.1 Award is to be made by City Council to the lowest responsive bidder for an
ISFB.
3.1.3.3.2 If two bids are identical, and are both the lowest bid, the City Council has
discretion to choose either bid.
3.1.3.3.3 However, the City Council may also choose to reject all bids. If all bids are
rejected, the procedure established herein may be repeated by preparing and
distributing a new ISFB.
3.1.3.4 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful bidder or its
representative.
3.2: Informal Request for Proposals (IRFP) — Goods and Services >—$50,000 but not to
exceed $100,000 (I.C. 67-2806A&I.C.2806(1))8
3.2.1 When is an IRFP Appropriate?
3.2.1.1 In lieu of an ISFB under I.C. §67-2806(1),the RFP process set forth in I.C. §67-2806A
may be utilized(in conjunction with certain provisions of I.C. § 672806(1))to procure
goods and services 2!$50,000 but not to exceed $100,000. Using the IRFB process is
appropriate when:
a There is no flowchart detailing this procedure,but it should roughly track the process set forth for$50,000 to
$100,000 procedures in the flowchart on p. 10 supra.
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3.2.1.1.1 Fixed specifications in a ISFB might preclude the discovery of a cost-effective
solution;
3.2.1.1.2 A specific problem the procurement is needed to resolve is amenable to several
solutions; or
3.2.1.1.3 Price is not the sole determining factor for the selection.
3.2.1.2 Before a City official pursues an IRFP in lieu of an ISFB they shall confer with the
City Manager and Treasurer and obtain their approval for using the IRFP process. If
the official desiring to do the procurement is the City Manager, he or she shall confer
with the Treasurer before pursuing an IRFP.
3.2.2 Preparing&Sendingquest
3.2.2.1 An IRFP must:
3.2.2.1.1 Be written;
3.2.2.1.2 be sent to at least three (3) vendors capable of supplying the goods or services
by electronic or physical delivery(either method of delivery is appropriate);
3.2.2.1.3 Include instructions to potential vendors for how the IRFP process will work;
3.2.2.1.4 Describe the scope of work for the goods or services contemplated;
3.2.2.1.5 Identify the criteria the City will use for awarding the contract to a particular
vendor;
3.2.2.1.6 Identify prospective contract terms; and
3.2.2.1.7 Identify the methodology and weight the City will apply to the factors it
considers in awarding a contract.
3.2.2.2 Vendors who wish to respond to the IRFP must be provided adequate time to
respond,but not less than three(3)business days.
3.2.3 Obiections to Request
3.2.3.1 Prospective vendors can object to the specifications in the IRFP or the proposal
procedure. However, such objections must be made received by the City Clerk at least
one(1)day before the deadline for vendors to submit proposals.
3.2.3.1.1 If an objection is received, the City shall promptly notify all vendors who
received the IRFP of the objection.
3.2.3.1.2 The City may choose to deny the objection and proceed. If so, the IRFP and
proposal procedure will not be modified.
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3.2.3.1.3 Alternatively, if the objection demonstrates an error with the solicitation or bid
procedure the City official who prepared the IRFPO may modify the proposal
procedure (e.g. change the deadline for submitting a proposal) or IRFP. All
vendors who received the original IRFP must be given notice of any
modification.
3.2.4 Receiving/Processing Requests and Awarding Contract
3.2.4.1 Proposals must be in writing and be returned to the City Clerk, or authorized City
Official,by the deadline in the IRFP.
3.2.4.1.1 If the City receives less than three (3) proposals, and it is either impossible or
impractical to acquire three (3) proposals, it may proceed with less than three
proposals. However,the City must document efforts made by the City to obtain
more than three(3)proposals, and while it would be impossible or impractical
to obtain three (3) proposals. This documentation must be maintained for at
least six (6) months after the procurement is made. If this process concludes
with no procurement,this documentation need not be maintained.
3.2.4.2 Once received,proposals are to be compiled by the Department Director who made the
request or the City clerk and submitted to the City Council for consideration.
3.2.4.2.1 Factors the City Council may consider when selecting a vendor's proposal:
3.2.4.2.1.1 Whether the solution offered is innovative;
3.2.4.2.1.2 The unique product features offered;
3.2.4.2.1.3 Price;
3.2.4.2.1.4 Vendor experience in the market;
3.2.4.2.1.5 Financial stability of a vendor;
3.2.4.2.1.6 Differences among vendors in their ability to perform contract requirements
in a timely or efficient manner;
3.2.4.2.1.7 Ability to meet the City's needed product specifications;
3.2.4.2.1.8 Product quality;
3.2.4.2.1.9 Product performance records;
3.2.4.2.1.10 Past performance by a vendor;
3.2.4.2.1.11 Future product maintenance or service requirements; and
3.2.4.2.1.12 Product warranties.
3.2.4.2.2 After considering the above factors and applying the proper weight to each
consideration as described in the IRFP, the City Council may choose to award
a contract to vendor who best serves the City's needs.
3.2.4.2.3 However, the City Council may also choose to reject all proposals. If all
proposals are rejected, the procedure established herein may be repeated by
preparing a new IRFP.
201 Page
3.2.4.3 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful bidder or its
representative.
3.3 Formal Solicitation for Bids (FSFB) — Goods and Services greater than $100,000 (not
public works construction) (Idaho Code§ 67-2806(2))9
3.3.1 When to use an FSFB for Goods and Services Procurements
3.3.1.1 An FSFB shall be used to obtain bids for a procurement of goods and services
exceeding $100,000 through an FSFB,which is a competitive sealed bid process.
3.3.2 Preparing&Publishing Solicitation 10
3.3.2.1 An FSFB shall:
3.3.2.1.1 Be written;
3.3.2.1.2 Succinctly describe the personal property and/or service to be procured:
3.3.2.1.3 Identify the how copies of bid forms, specifications, bidder's instructions,
contract documents, and general and special instructions can be obtained;
3.3.2.1.4 Set the time and place for opening bids;
3.3.2.1.5 Identify whether the City is requiring a bid security equal to five percent(5%)
of the bid value to be included with bids; and
3.3.2.1.6 Identify whether payment and performance bonds will be required by the party
who is awarded the contract.
3.3.2.2 If the FSFB requires a bid security deposit,the FSFB must identify whether the deposit
shall be in:
3.3.2.2.1 Cash
3.3.2.2.2 Cashier's check made payable to the City;
3.3.2.2.3 Certified check made payable to the City; or
3.3.2.2.4 A Bidder's bond executed by a qualified surety company, made payable to the
City.
3.3.2.3 Notice of an FSFB shall be published twice in the official newspaper of the City. The
first publication shall be at least two weeks before the date for opening bids. The
9 See Purchase Process Goods&Services flowchart at p. 10 supra.
10 See Formal Competitive Procurement Specification Development table on p. 12 supra for additional guidance.
211Page
second publication shall occur the following week and at least seven(7) days prior to
the date set for opening bids. Notice will also be posted to the City's website.Notices
may be published by the Department Director who shall notify the City Clerk when
publishing notices.
3.3.3 Obiections to Solicitation
3.3.3.1 Prospective vendors/bidders may object to the bid specifications or bidding procedures.
If an objection is made, it must be received by the City Clerk at least three(3)business
days before the date and time bids are scheduled to be opened.
3.3.3.1.1 If an objection is received, the appropriate Department Director or the City
Clerk shall promptly notify all vendors who submitted bids of the objection.
3.3.3.1.2 The City may choose to deny the objection and proceed with the opening of
bids. If this occurs, City shall notify the objector and bidders of this decision
and proceed with the opening of bids.
3.3.3.1.3 Alternatively, the City may elect to modify the bid procedure (e.g. change the
deadline for submitting a bid) or the FSFB. All vendors who submitted bids
must be given notice of any modification.
3.3.4 Receiving&Processing Bids
3.3.4.1 For a bid to be considered it must be sealed and submitted to the City Clerk or
authorized City Official before the deadline set for opening bids in the solicitation.
3.3.4.2 Bids cannot be withdrawn after the time set for opening bids has passed.
3.3.4.3 After sealed bids are received, and the time for opening bids has passed, the bids shall
be opened at the public place set in the FSFB for the opening of bids.
3.3.4.4 Bids received after the deadline for submitting the same shall not be accepted and shall
be returned to the bidder unopened.
3.3.4.5 After the opening of bids, the bids shall be compiled by the appropriate Department
Director or the City Clerk and submitted to the City Council for review and potential
award of the contract.
3.3.4.5.1 A contract shall generally be awarded to the lowest responsive bidder who
complied with the bidding procedures and met specifications for the goods and
services to be procured.
3.3.4.5.2 If two or more bids received are for the same total amount or unit price, quality
and service being equal, and if a delay for re-advertisement would not be in the
public interest,the City Council may accept either bid.
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3.3.4.5.3 If the contract is awarded to any bidder other than the apparent low bidder, the
City Council must declare its reason or reasons on the record for rejecting the
apparent low bid and communicate such reason(s)to all who submitted bids.
3.3.4.5.4 If, in the opinion of the City Council, none of the bids are satisfactory, the
council may reject all bids and either re-advertise for new bids or,by resolution,
find (if factually true) that the goods or services are available more
economically on the open market,and thereafter purchase the goods or services
on the open market.
3.3.4.6 After selecting the successful bidder, the City shall send written notice to all who
submitted bids of its selection.
3.3.5 Obiections to City Council's Decision
3.3.5.1 Unsuccessful bidders may object to the City's award of the bid for up to seven(7)days
after receiving notice of the City's decision. The objection must identify why the
unsuccessful bidder believes the City's decision was in error.
3.3.5.1.1 After receiving a timely objection, the City shall:
3.3.5.1.1.1 Stay performance of any procurement until after the objection is addressed;
3.3.5.1.1.2 Set the matter for review by the City Council;
3.3.5.1.1.3 On review by the City Council, it must choose to either affirm its prior
award, modify the award, or choose to re-bid. The City Council must also
set forth the reason(s) for its decision.
3.3.6 Procedures Following Selection of Successful Bid
3.3.6.1 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful bidder or its
representative.
3.3.6.2 Unsuccessful bidders shall be entitled to return of their bid security.
3.3.6.3 A successful bidder shall forfeit his or her bid security upon failure or refusal to execute
a contract and/or to provide payment and performance bonds within the required time.
The city council may, on failure or refusal of the successful bidder to execute the
contract and/or provide payment and performance bonds, award it to the next lowest
responsive bidder, in which event, the lowest bidder's security shall be applied by the
city first to the difference between the low bid and the second lowest bid, and the
surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the
surety on the bidder's bond if a bond is used, less reasonable administrative costs not
to exceed twenty-five percent(25%) of the amount of the bidder's security.
231 Page
3.3.6.4 Payment and performance bonds may be required to be furnished before entering a
contract with a successful bidder. Bonds shall be in a form satisfactory to the
3.3.6.5 city attorney. Bond amount will be satisfactory to the purchasing officer and in
compliance with the contract specifications.
3.3.6.6 The city council may waive any minor irregularities in the bids, based upon a
determination that the same have no material impact upon the bidding process or other
bids submitted.
If no bids are received in response to the notice inviting bids,the City Council may proceed
to purchase the supplies or services without further competitive bidding if certain criteria
are met and findings are adopted by the Council.
3.4: Formal Request for Proposals (FRFP) — Goods and Services greater than $100,000
(Idaho Code § 67-2806A)tt
3.4.1 When is an FRFP Appropriate?
3.4.1.1 In lieu of making an FSFB under I.C. § 67-2806(2),the RFP process set forth in I.C. §
67-2806A may be utilized(in conjunction with certain provisions of I.C. § 672806(2))
to procure goods and services greater than $100,000. Using the FRFP process is
appropriate when:
3.4.1.1.1 Fixed specifications in a solicitation might preclude the discovery of a cost-
effective solution;
3.4.1.1.2 A specific problem the procurement is needed to resolve is amenable to several
solutions; or
3.4.1.1.3 Price is not the sole determining factor for the selection.
3.4.1.2 Before a City Official pursues an FRFP in lieu of an FSFB they shall confer with the
City Manager and Treasurer and obtain their approval for using the FRFP process. If
the official desiring to do the procurement is the City Manager, he or she shall confer
with the Treasurer before pursuing an FRFP.
3.4.2 Preparing&Publishing Reguest12
3.4.2.1 An FRFP shall:
3.4.2.1.1 Be written;
3.4.2.1.2 Include instructions to potential vendors for how the RFP process will work;
There is not a flowchart detailing this procedure,but it should roughly track the process set forth for the greater
than$100,000 procedures in the flowchart on p. 10 supra.
1'See Formal Competitive Procurement Specification Development table on p. 12 supra for additional guidance.
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3.4.2.1.3 Identify when the City will open submitted proposals;
3.4.2.1.4 Describe the scope of work for the goods or services contemplated;
3.4.2.1.5 Identify the criteria the City will use for awarding the contract to a particular
vendor;
3.4.2.1.6 Identify whether the City is requiring a bid security equal to five percent(5%)
of the proposal value to be included with the proposal;
3.4.2.1.7 Identify prospective contract terms; and
3.4.2.1.8 The methodology and weight the city will apply to the factors it considers in
awarding a contract.
3.4.2.2 The FRFP shall be published twice in the official newspaper of the City. The first
publication shall be at least two weeks before the date for opening proposals. The
second publication shall occur the following week and at least seven(7) days prior to
the date set for opening proposals. Notice will also be posted to the City's website.
Notices may be published by the Department Director who shall notify the City Clerk
when publishing notices.
3.4.3 Obiections to Request
3.4.3.1 Prospective vendors may object to the proposal specifications or proposal procedures.
If an objection is made, it must be received by the City Clerk at least three(3)business
days before the date and time proposals are scheduled to be opened.
3.4.3.1.1 If an objection is received, the Department Director or the City Clerk shall
promptly notify all vendors who submitted proposals of the objection.
3.4.3.1.2 The City may choose to deny the objection and proceed with the opening of
proposals. If this occurs, City shall notify the objector and other vendors who
submitted proposals of this decision and proceed with the opening of proposals.
3.4.3.1.3 Alternatively,the City may elect to modify the proposal procedure(e.g. change
the deadline for submitting a proposal)or the FRFP.All vendors who submitted
proposals must be given notice of any modification.
3.4.4 Receiving&Processing Proposals
3.4.4.1 For a proposal to be considered it must be sealed and submitted to the City Clerk or
authorized City Official before the deadline set for opening proposals in the request.
3.4.4.2 Proposals cannot be withdrawn after the time set for opening proposals has passed.
3.4.4.3 After sealed proposals are received, and the time for opening proposals has passed,the
proposals shall be opened at the public place set in the FRFP for the opening of bids.
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3.4.4.4 Proposals received after the deadline for submitting the same shall not be accepted and
shall be returned to the bidder unopened.
3.4.4.5 After the opening of proposals, the proposals shall be compiled Department Director
or the City Clerk and submitted to the City Council for review and potential award of
the contract.
3.4.4.5.1 When considering the various proposals, the City Council shall make its
decision based upon the following factors:
3.4.4.5.1.1 Whether the solution offered is innovative;
3.4.4.5.1.2 The unique product features offered;
3.4.4.5.1.3 Price;
3.4.4.5.1.4 Vendor experience in the market;
3.4.4.5.1.5 Financial stability of a vendor;
3.4.4.5.1.6 Differences among vendors in their ability to perform contract
requirements in a timely or efficient manner;
3.4.4.5.1.7 Ability to meet the City's needed product specifications;
3.4.4.5.1.8 Product quality;
3.4.4.5.1.9 Product performance records;
3.4.4.5.1.10 Past performance by a vendor;
3.4.4.5.1.11 Future product maintenance or service requirements; and
3.4.4.5.1.12 Product warranties
3.4.4.5.2 After considering the above factors and applying the proper weight to each
consideration as described in the FRFP,the City Council may choose to award
a contract to vendor who best serves the City's needs.
3.4.4.5.3 If, in the opinion of the city council, none of the proposals are satisfactory, the
council may reject all proposals and either re-advertise for new proposals or,by
resolution, find(if factually true) that the goods or services are available more
economically on the open market,and thereafter purchase the goods or services
on the open market.
3.4.5 Obiections to City Council's Decision
3.4.5.1 Unsuccessful vendors may object to the City's award of the proposal award for up to
seven(7)days after receiving notice of the City's decision.The objection must identify
why the unsuccessful vendor believes the City's decision was in error.
3.4.5.1.1 After receiving a timely objection,the City shall:
3.4.5.1.1.1 Stay performance of any procurement until after the objection is addressed;
3.4.5.1.1.2 Set the matter for review by the City Council;
3.4.5.1.1.3 On review by the City Council, it must choose to either affirm its prior
award, modify the award, or choose to re-initiate the FRFP process. The
City Council must also set forth the reason(s)for its decision.
261 Page
3.4.6 Procedures Following Selection of Successful Proposal
3.4.6.1 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful vendor or its
representative.
3.4.6.2 After selecting the successful proposal, the City shall send written notice to all who
submitted proposals of its selection.
3.4.6.3 An unsuccessful vendor shall be entitled to return of their bid security.
3.4.6.4 A successful vendor shall forfeit his or her bid security upon failure or refusal to
execute a contract and/or to provide payment and performance bonds within the
required time. The City Council may, on failure or refusal of the successful vendor to
execute the contract and/or provide payment and performance bonds, award it to the
next vendor who's proposal best met the City's needs, in which event, the vendor's
security (who refused failed to execute a contract) shall be applied by the City first to
the difference between the contract offered to the first vendor and the contract being
offered to the second vendor, and the surplus, if any, shall be returned to the vendor
who failed/ref ised to execute a contract if cash or check is used, or to the surety on the
vendor's bond if a bond is used, less reasonable administrative costs not to exceed
twenty-five percent(25%)of the amount of the vendor's security.
3.4.6.5 Payment and performance bonds may be required to be furnished before entering a
contract with a successful bidder. Bonds shall be in a form satisfactory to the
3.4.6.6 City Attorney. Bond amount will be satisfactory to the purchasing officer and in
compliance with the contract specifications.
SECTION 4: COMPETITIVE PROCUREMENT FOR PUBLIC WORKS
CONSTRUCTION (Idaho Code 4 67-2805): BID PREPARATION AND SELECTION
PROCESS
4.1 : Informal Solicitation for Bid(ISFB)—Public Works Construction 2350,000 but not
to exceed$200,000 (Idaho Code § 67-2805(1))13
4.1.1 When to use an ISFB for Public Works Construction
4.1.1.1 An ISFB shall be used obtain bids for a public works construction project procurement
>$50,000 but not exceeding $100,000 through an ISFB.
4.1.2 Preparing&Sending Solicitation for Bids
4.1.2.1 ISFB must:
13 See Purchase Process Public Works Construction flowchart at p. 11 supra.
27 Page
4.1.2.1.1 Be written;
4.1.2.1.2 Be provided to at least three (3) owner-designated licensed public works
contractors by electronic or physical delivery (either method of delivery is
appropriate);
4.1.2.1.3 Describe the needed construction work in sufficient detail to allow an
experienced public works contractor to understand what construction project
the City needs;
4.1.2.1.4 Identify the proper method for contractors to submit a bid. Namely, it must
identify whether the City requires electronic or physical delivery, and which
City official(s)the bid should be delivered to; and
4.1.2.1.5 Identify the date a bid must be received by the City to for it to be considered.
4.1.2.2 Contractors must be provided adequate time to respond, but not less than three (3)
business days.
4.1.3 Objections to Solicitation
4.1.3.1 Potential bidders can object to the bid specifications in the ISFB or the bid procedure.
However, such objections must be made received by the City Clerk at least one(1)day
before the deadline for contractors to submit bids.
4.1.3.1.1 If an objection is received, and the City shall promptly notify all contractors
who received the ISFB of the objection.
4.1.3.1.2 The City official that prepared the ISFB may choose to deny the objection and
proceed without modification to the solicitation or bid procedure.
4.1.3.1.3 Alternatively, if the objection demonstrates an error with the solicitation or bid
procedure the City official who prepared the ISFB may modify the bid
procedure (e.g. change the deadline for submitting a bid) or solicitation. All
contractors who received the original solicitation must be given notice of any
modification.
4.1.4 Receiving/Processing Bids &Awarding, Contract
4.1.4.1 Bids must be in writing and be returned to the City Clerk or Department Director that
made the solicitation by the deadline in the ISFB to be considered.
4.1.4.1.1 If the City receives less than three (3) bids, and it is either impossible or
impractical to acquire three (3) bids, it may proceed with less than three bids.
However,the City must document efforts made by the City to obtain more than
three (3) bids, and while it would be impossible or impractical to obtain three
(3)bids.This documentation must be maintained for at least six(6)months after
281 Page
the procurement is made. If this process concludes with no procurement, this
documentation need not be maintained.
4.1.4.2 Once received, bids are to be compiled by the Department Director or City Clerk and
submitted to the City Council for consideration.
4.1.4.2.1 Award is to be made by City Council to the lowest responsive bidder for an
ISFB.
4.1.4.2.2 If two bids are identical, and are both the lowest bid, the City Council has
discretion to choose either bid.
4.1.4.2.3 However, the City Council may also choose to reject all bids. If all bids are
rejected, the procedure established herein may be repeated by preparing and
distributing a new ISFB.
4.1.4.3 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful bidder or its
representative.
4.2: Formal Solicitation for Bids (FSFB) — Public Works Construction greater
than $200,000, Category A(Idaho Code §67-2805(2)(a))14
4.2.1 When to use an FSFB for Public Works Construction
4.2.1.1 An FSFB shall be used obtain bids for a public works construction project procurement
exceeding$200,000. An FSFB which is a competitive sealed bid process.
4.2.2 Preparing&Publishing Solicitation for BidsL'
4.2.2.1 FSFB shall:
4.2.2.1.1 Be written;
4.2.2.1.2 Set the time and place for the public opening of bids;
4.2.2.1.3 Describe the needed construction work in sufficient detail to allow an
experienced public works contractor to understand what construction project
the City needs;
4.2.2.1.4 Identify the how copies of bid forms, specifications, bidder's instructions,
contract documents, and general and special instructions can be obtained (a
reasonable plan copy fee may be charged to interested bidders who request
these documents);
14 See Purchase Process Public Works Construction flowchart at p. 11 supra.
15 See Formal Competitive Procurement Specification Development table on p. 12 supra for additional guidance.
291Page
4.2.2.1.5 Identify that bids must be sealed, labeled on the envelope as a bid, and
addressed to the City Clerk;
4.2.2.1.6 Identify whether the City is 'requiring a bid security equal to five percent(5%)
of the bid value to be included with bids; and
4.2.2.1.7 Identify whether payment and performance bonds will be required by the
bidder who is awarded the contract.
4.2.2.2 If the FSFB requires a bid security deposit,the FSFB must identify whether the deposit
shall be in:
4.2.2.2.1 Cash
4.2.2.2.2 Cashier's check made payable to the City;
4.2.2.2.3 Certified check made payable to the City; or
4.2.2.2.4 A Bidder's bond executed by a qualified surety company,made payable to the
City.
4.2.2.3 Notice of an FSFB shall be published twice in the official newspaper of the City. The
first publication shall be at least two weeks before the date for opening bids. The
second publication shall occur the following week and at least seven(7) days prior to
the date set for opening bids.Notice will also be posted to the City's website.Notices
may be published by the Department Director who shall notify the City Clerk when
publishing notices.
4.2.3 Obiections to Solicitation
4.2.3.1 Prospective contractors may object to the bid specifications or bidding procedures. If
an objection is made, it must be received by the City Clerk at least three (3) business
days before the date and time bids are scheduled to be opened.
4.2.3.1.1 If an objection is received, the City official who prepared the FSFB shall
promptly respond to the objection in writing and communicate such response
to all contractors who submitted bids.
4.2.3.1.2 The City may choose to deny the objection and proceed with the opening of
bids. If this occurs, City shall notify the objector and bidders of this decision
and proceed with the opening of bids.
4.2.3.1.3 Alternatively, if the objection demonstrates an error with the solicitation or bid
procedure the City may elect to modify the bid procedure (e.g. change the
deadline for submitting a bid) or the FSFB. All vendors who submitted bids
must be given notice of any modification.
301Page
4.2.4 Receivinjz/Processing Bids and Selecting Successful Bidder
4.2.4.1 Sealed bids shall be submitted to the City Clerk or other authorized City Official.
4.2.4.2 Bids cannot be withdrawn after the time set for opening bids has passed.
4.2.4.3 After sealed bids are received, and the time for opening bids has passed,the bids shall
be opened at the public place set in the FSFB for the opening of bids.
4.2.4.4 Bids received after the deadline for submitting the same shall not be accepted and shall
be returned to the bidder unopened.
4.2.4.5 After the opening of bids, the bids shall be compiled by the appropriate Department
Director or the City Clerk and submitted to the City Council for review and potential
award of the contract.
4.2.4.5.1 Council shall only consider the amount bid, the bidder's compliance with the
requirements of the bidding process, and whether the bidder holds the required
license. Upon consideration of these factors, the contract shall be awarded to
the qualified bidder that submitted the lowest responsive bid.
4.2.4.5.2 If identical bids are received,the City Council may choose the bidder it prefers.
4.2.4.5.3 If the contract is awarded to any bidder other than the apparent low bidder,the
City Council must declare its reason or reasons on the record for rejecting the
apparent low bid and communicate such reason(s)to all who submitted bids.
4.2.4.5.4 If, in the opinion of the city council, none of the bids are satisfactory, the
council may reject all bids and either re-advertise for new bids or,by resolution,
find (if factually true) that the goods or services are available more
economically on the open market,and thereafter purchase the goods or services
on the open market.
4.2.4.6 After selecting the successful bidder, the City shall send written notice to all who
submitted bids of its selection.
4.2.5 Obiections to City Council's Decision
4.2.5.1 Unsuccessful bidders may object to the City's award of the bid for up to seven(7)days
after receiving notice of the City's decision. The objection must identify why the
unsuccessful bidder believes the City's decision was in error.
4.2.5.1.1 After receiving a timely objection, the City shall:
4.2.5.1.1.1 Stay performance of any procurement until after the objection is addressed;
4.2.5.1.1.2 Set the matter for review by the City Council;
31 1 Page
4.2.5.1.1.3 On review by the City Council, it must choose to either affirm its prior
award, modify the award, or choose to re-bid. The City Council must also
set forth the reason(s) for its decision.
4.2.6 Procedures Following Selection of Successful Bid
4.2.6.1 If the City Council chooses to make an award, an agreement shall be prepared and
signed by the Mayor, acting on behalf of the City, and by the successful bidder or its
representative.
4.2.6.2 Unsuccessful bidders shall be entitled to return of their bid security.
4.2.6.3 A successful bidder shall forfeit his or her bid security upon failure or refusal to execute
a contract and/or to provide payment and performance bonds within the required time.
The City council may, on failure or refusal of the successful bidder to execute the
contract and/or provide payment and performance bonds, award it to the next lowest
responsive bidder, in which event, the lowest bidder's security shall be applied by the
City first to the difference between the low bid and the second lowest bid, and the
surplus, if any, shall be returned to the lowest bidder if cash or check is used,or to the
surety on the bidder's bond if a bond is used, less reasonable administrative costs not
to exceed twenty-five percent (25%) of the amount of the bidder's security. Bids
received after the deadline for submitting the same shall not be accepted and shall be
returned to the bidder unopened.
4.2.6.4 Payment and performance bonds may be required to be furnished before entering a
contract with a successful bidder. Bonds shall be in a form satisfactory to the
4.2.6.5 city attorney. Bond amount will be satisfactory to the purchasing officer and in
compliance with the contract specifications.
SECTION 5: COMPETITIVE PROCUREMENT FOR PROFESSIONAL SERVICES
PERTAINING TO PUBLIC WORKS (Idaho Code & 67-2320)16
All professionals,regardless of dollar value of the project,must be qualified to provide the
services. A written agreement is required when total fees will exceed $10,000. City Attorney
review of the agreement is required for contracts exceeding $25,000.
5.1: Direct Request—Professional Services <$25,000
For projects under $25,000, a department may make a direct request for services to a firm or
person qualified to provide the needed design services. No bidding process is required, but
departments are encouraged to select service providers from the City's Consultant Roster, if one
is established.
16 See Guidelines for Acquiring Professional Services table on p. 13 supra for summary information regarding
thresholds for different procedures,and which City Official has signatory authority at particular thresholds.
321Page
5.2: Establishing and Maintaining a Consultant Roster - Professional Services >— $25,000
but<$200,000
The City may establish a list of preapproved professional service providers known as the
Consultant Roster a tool for obtaining professional engineering, architectural, landscape
architectural, land surveying, and construction management services (Idaho Code § 67-2320)
valued at$200,000 or less. If such a roster is established, it must be updated every two years, or
it shall be deemed expired.
This roster shall be established by publishing a Request for Qualifications (RFQ) at least twice
in the City's official newspaper. The publication shall request that prospective service providers
submit a Statement of Qualification (SOQ) to the City by a specified date so that they may be
included on the City's Consultant Roster. The first publication must be at least two (2) weeks
before the specified deadline. The second publication must be made the week after the first
publication,and at least seven(7)days before the specified deadline.The Purchasing Agent shall
retain SOQs until such time as the next consultant roster is established. A firm may submit an
SOQ at any time for inclusion on the Consultant Roster. However, the entire Consultant Roster
shall expire on a set date; therefore, SOQs added to the roster on a later date (than the date
specified in the published notice)will still expire with the entire Consultant Roster.
The roster is intended to be very generic and submitted Statements of Qualifications may not be
adequate for determining which firm is the best qualified for a specific project.Departments may
wish to send additional information to possible firms to obtain a better idea of which firm would
be the best for a task. For services estimated over $100,000, the department must send an
abbreviated RFQ to at least three seemingly qualified firms from the roster to provide the firms
more information on the specific project and to allow the firms to provide a response tailored to
the particular project.
If a department wishes to consider firms that are not on the roster, or if there is inadequate
competition on the roster (less than three qualified firms), the formal RFQ process must be
followed for any procurement of professional services greater than or equal to $25,000.
5.3: Formal Request for Qualifications (FRFQ) — Professional Services greater than
$200,000 OR>$25,000 if NOT selecting from Consultant Roster
5.3.1 When to do an FRFP
5.3.1.1 This process is to be used if:
5.3.1.1.1 anticipated agreement amount will exceed$200,000;
5.3.1.1.2 no firms, or an inadequate number of firms, on the Consultant Roster appear to
meet the needs of the department; or
5.3.1.1.3 the department desires to issue a formal request.
33 1 Page
5.3.1.2 The is to be used for obtaining the services of design professionals (engineers,
architects, and landscape architects) and surveyors and construction managers who
must be selected based upon demonstrated competence and qualifications(Idaho Code
§ 67-2320). Costs are not an allowed factor during evaluation of firms.
5.3.2 Preparing and Publishing or Sending the FRFO
5.3.2.1 An FRFQ shall:
5.3.2.1.1 Include a general description of the proposed project services needed;
5.3.2.1.2 Identify contact name and contact information at the City if potential services
providers have questions;
5.3.2.1.3 Encourage persons or firms engaged in the services being solicited to submit a
SOQs and performance data;
5.3.2.1.4 Establish the criteria and procedures that will be used for selecting the service
provider; and
5.3.2.1.5 Identify the place where selection criteria and procedures can be obtained, the
time and place for receipt of SOQs, and the time and place of the pre-response
conference, if any.
5.3.2.2 The notice of an FRFQ shall be published twice in the City's official newspaper. The
first publication shall be at least two (2) weeks before the deadline for submitting
SOQs. The second publication must be made the week after the first publication, and
at least seven(7) days before the deadline for submitting SOQs. Notice will also be
posted to the city's website. The Department Director may publish notices for and
FRFQ and SHALL notify the City Clerk of the notice publication.
5.3.2.3 The Department Director may also directly solicit SOQs from firm(s) or person(s) by
sending them a copy of the FRFQ.
5.3.2.4 The Department Director will send notice of the FRFQ opportunity to all firms on the
consultant roster in the relevant category(ies).
Upon receipt of SOQs, and the passing of the deadline for submitting SOQs, the Department
Director who created the FRFQ, or the City Clerk, shall open and compile all submitted SOQs.
The SOQs shall then be submitted to the appropriate city official, evaluator, or committee for
review and award of the contract as set forth in Sections 5.3.1-5.3.4 of this Policy.
5.4 Selection Criteria(when using roster or evaluating formal SOQs)
Selection of professional services shall be based on the criteria developed by the requesting
Department Director and such criteria shall be included in the RFQ. The criteria shall include the
following,but additional criteria may be included for specific projects:
341Page
5.4.1 Firm History and Capability to Perform Project
5.4.2 Relevant Project Experience
5.4.3 Qualifications of Project Team Members
5.4.4 Familiarity with Area and Project
5.4.5 Project Approach and Schedule
5.5 Selection Procedure
Where consideration of a single firm's qualifications is permitted by this Policy, the Department
Director or their representative shall evaluate the qualifications to determine that the firm or
person is qualified to perform the anticipated services.
When consideration of more than one firm's qualifications is required by this Policy for
agreements valued at less than $200,000, the qualifications shall be reviewed by 1) at least one
person if that person has experience and expertise for the services being acquired; or 2) at least
two persons if the evaluators do not have experience or expertise for the services being acquired.
For the FRFQ process(agreements valued over$200,000), at least three persons must review the
SOQs. Persons not on City staff may be selected when determined by the Department Manager
to be beneficial to the review process. City Manager proposes the committee members to
the Council for approval. Council may adjust the proposed committee members as they think is
necessary.
Reviewers shall independently review and rank the SOQs and shall complete an "Evaluation
Form"for each firm considered from the roster or for each firm that submitted a SOQ to a formal
RFQ request. Selection criteria are established prior to issuing a formal RFQ or looking at the
roster for possible firms. Each reviewer shall rank the firms in order of preference. The rankings
of each reviewer shall then be combined to determine a final ranking. After each reviewer has
ranked the firms, the committee will meet to discuss the scores.
When interviews are required and the number of firms submitting SOQs, or being considered
from the roster,exceeds three,the evaluation and ranking of SOQs shall be used to determine the
ranking for invitations to interview. Usually, the three highest-ranked firms will be interviewed.
However, a competitive range may be established that will indicate the firms to be interviewed.
Interviews for projects under$200,000 may be conducted by phone, internet, or in person, at the
discretion of the Department Director. Interviews for projects with an anticipated design services
value over $200,000 will be in person with the project lead determining what the firms are to
include in their presentation and/or what the firms need to be prepared to discuss. When
interviews are required and the number of firms submitting SOQs is less than three, all firms
submitting shall be interviewed. The reviewers shall evaluate the firms based upon their SOQs
and information provided at the interview. Each reviewer shall complete an"Evaluation Form"
listing each firm considered and the reviewer's evaluation of that firm against the selection
criteria.Each reviewer shall rank the firms in order:highest score is ranked number 1,next highest
351Page
score is number 2,etc. The rankings of each reviewer shall then be combined to determine a final
ranking.
5.6 : Negotiations
The Department Director, or designee, shall initiate negotiations for an agreement with the
highest ranked firm,based on the selection procedure.Negotiations shall be to perform the project
services at a price determined by the City to be reasonable and fair to the public considering the
estimated value,scope,nature,and complexity of the services.If unable to negotiate a satisfactory
agreement,negotiations shall be formally terminated by notifying the firm in writing by certified
return receipt mail. Once negotiations have been formally terminated, negotiations with the next
highest ranked firm may begin.
5.7 : Contract Extension
Idaho Code § 67-2320(4). When the City Council has previously entered into a professional
service agreement with a firm for an associated or phased project,an extended or new professional
service agreement may be negotiated with that firm at the Department Director's discretion. In
this case, it is not necessary to conduct the qualifications evaluation and selection process. City
Attorney review required if amount is > $25,000. City Manager signs agreement. If>$50,000,
Council approval also required. (Also reference Change Order Process chart,page 16).
5.8 Contract Award
Other than for Contract Extensions, the Department Director, or City Manager, whoever is
appropriate, shall present the recommended firm to the City Council for approval and
authorization to negotiate the financial terms of the contract which terms shall then be later
presented to the City
361Page
UIDELINES FOR ACQUIRING PROFESSIONAL SERVICES
(Idaho Code§ 67-2320)
Engineering,Architectural,Landscape Architectural,Construction Management,&Land Surveying Services
Selection based on qualifications only. Cannot ask for prices.
FQ Minimum#of MinimumApproval/Signing of
Anticipated FeesOption(s) Firm(s)or #of Interview Contract
Person(s) Evaluators Required4
Considered
$0-$25,000 I. Direct Request <$10,000: Dept
2. Consultant Director
Roster 1 1 No <$25,000: City
3. Published Manager
Public Notice
$25,000 but not I. Consultant Up to$50,000:
o exceed Rosterz City Manager
200,000 2. Published 3 13 Optional
Public Notice $50,000:
City Council
$200,000 1.Published Public
Notice 3 3 Yes City Council
1 Even though we are not required to use competitive selection for services
valued below $25,000, we are still required to select a consultant that is well
qualified to provide the services.
2 If anticipated fees are over$100,000 and using roster, send abbreviated RFQ
with more specific project information to at least three firms on roster.
3 If the evaluator has expertise in the services being obtained, then a single
evaluator is acceptable. If the evaluator does not have expertise, at least two
evaluators are required.
Interviews may be conducted by phone,video conference,web,or in person.
37 Page
Purchasing Processes (Flow Charts)
381Page
PURCHASE PROCESS GOODS&SERVICES
(Idaho Code 67-2806)
(excludes public works construction)
<$50,000 >_$50,000 but not >$100,000
to exceed $100,000
r--------- ---------i -------- -------- ------- --------
I j
I I
Select Vendor based i Dept Develops Bid :Department Develops
on best value to the i Specs & Saves Bid in Formal Bid Specs
City ; Laserfiche
1 I
1 I
�_________�________ __=====I.====__ -_______I________
Dept Initiates i Dept Initiates Formal
Prepare Purchase
' I Informal Bidding Bidding
Requisition (attach
quotes if obtained) :
1
r---------I--------- :-————————f———————— -———————
I I I I I I
REQ I I 1 1
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by Approver(DH,Trsr, ; i Bids/Bids Uploaded Bids&Uploads to
or CM) ; i to Laserfiche i Laserfiche&Opens
Bids
______�_______
Accounts Payable
I Bids Reviewed by I I Bids Reviewed by
:Converts Requisition to I I I I I
i I Appropriate Dept I I Appropriate Dept
Purchase Order
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Ordered
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Invoice Received by
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Check Mailed :
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39 Page
PURCHASE PROCESS
PUBLIC WORKS CONSTRUCTION
(Idaho Code 67-2805)
>_$50,000 but not to >$200,000
<$50,000 exceed$200,000 (Category A)
I.C.§67-2805(1) I.C.§67-2805(2)(a)
r---------- --------------
: Select Vendor based on best
i value to the City + 1 Dept Develops Bid I """"'
: 1 : P P : :Dept&Engineer Develop:
L----------- -------------1 : Specs : Formal Bid Specs :
: :
Verify contractor has applicable i r-----------------n L_________ I
Idaho Trade License,City Informal Bidding
:Business License,Workers Comp, : Initiated by Dept :
General Liability Insurance i 1 I r -I
i i 1 I 1 Department Initiates I
: Formal Bidding Process :
I I I I 1 1
L----------- l 1 I
: Provide selected vendor with Dept Receives
scope of work or contract(see Bids/Bids Uploaded to r_________
i page 15 forcontract a 1 1 1
p g uthority) 1 1 Laserfiche + City Clerk Receives& +1 I I
I 1 i I +Opens Bids(Bids saved in
I 1 I I I I
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1 I
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Create REQ inCaselle and attach + --Bids Reviewed -
written scope of work/contract Bids Reviewed by
I 1 + Appropriate Dept + r--------- ---------i
and other relevant + + ) +
I 1 I I 1 Bids Reviewed by I
documentation + I 1 I 1
I --------i : Appropriate Dept& :
I I 1 Engineer 1
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—________ -
________. 1 I
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I I
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Accounts Payable :
Converts REQ to PO 1
1 1 +Attorney reviews co ntract 1
----------- 1 :and Dept places on Council:
r__________ _____________1 agenda for award
I Contractor provides services 1 i__________ J
and invoices City :
I 1
L---------- I I---------- ----------1
_--------__- I City Clerk receives bonds I
-------------
I 1 :and insurance documents:
IDept submits invoice to Accounts) 1 1
I 1 1 and other paperwork 1
Payable 1 I I
I1 I---------- ---------J
I 1
I Inv approved for Pmt/Vendor i
Check Mailed 1
*This flow chart shows Category A bidding.For information regarding the Category B process(set forth in I.C.§67-2805(2)(b)),please consult with the City
Attorney
401 Page
FORMAL COMPETITIVE PROCUREMENT SPECIFICATION DEVELOPMENT
>$100,000 for general goods and services
>$200,000 for Public Works construction
Department-
• Originates, prepares technical specifications, provides vendor list, checks
available funds
Works— Public and Building
• Forward to Public Works and Building Official for review if project involves any
public facility or infrastructure
-1 Treasurer-
• Reviews general format, proper notices and time frames- contacts the Legal
Department if there are any questions
City Attorney-
• Checks general format, legality of wording, compares to Idaho Code
requirements, etc.
Department
• Prepares copies of specifications and plans
Department
• Advertises legal notices, distributes specification packages and notices,
maintains plan-holder list, distributes addenda, opens bids submittals with City
Clerk
Department
• Co-evaluates submittals with Engineer
• Creates recommendation for award
Department
• Checks with Treasurer to ensure sufficient funds are available based on bid
results
• Submit recommendation for award to the City Council
41 Page
Contract Approval and
Execution
(All Reviewed by City
Attorney)
$10,000 or less
Department Director
>$10,000 but not to
exceed $50,000 City Manager
>_$50,000 City Council approval and
Mayor's signature
42
Change Order Process
(for any contract or
agreement)
Change order authority granted by
City Council at the time of contract
award.
43 Page
EMERGENCY PROCESS
LC.§67-2808(1)
Emergency
situation exists
Communicated
to
City Manager
Depending on severity and
type,City Manager may:
Call emergency
meeting of Council Request emergency
Declare emergency
and instruct depts (usually 24 hours) declaration at regular
to move forward for declaration of City Council Meeting or
emergency Work Session
It
Call 24 hour
meeting of Council
to ratify FI
emergency
Sends notice of
Sends notice of emergency to
emergency to State
State
Dept may purchase as needed(without Modified competitive procurement may be
competitive processes).However,vendors appropriate(e.g.request bids but give shorter
still need to have any state-required reply time, no advertisement in newspaper).
licenses,general liability,and workers Vendors still need to have state-required
comp. licenses,general liability,and workers comp.
441 Page
SOLE SOURCE
(l.C.§67-2808(2)1
>_$50,000
Dept provides
documentation
to verify there
truly is only one
source
Memo regarding
sole Source to
Treasurer&/or
City Manager
Requests
I
No
Department
requests res.
from City
Clerk or City
Attorney
Department
places
resolution on
City Council
agenda
t
No Competitive procurement
Legal notice
in the
official
newspaper
14 day
No
waiting/
comment
Challenge yes Back to Affirms earlier
received? Council declaration?
No Proceed with purchase Yes
45
PIGGYBACK PROCESS
(I.C.§67-2803(1))
>_$50,000
a
Same item or service bid by State of Idaho,another Idaho
political subdivision,or federal government
From the issuing agency,obtain copy of bid specifications,
(including addenda);award letter;and bid recap.From
vendor,obtain letter that vendor will honor the prices from
[name of bid]dated [date of bid](not necessary for state
bids)
Submit to Treasurer and City Attorney along with memo
explaining what is
being purchased and total cost
City Attorney review for compliance with Request more
stat code info
T
Noquires competitiv`fOCUremeet
Department places
on Council
agenda for
approval
Council
approves?
Dept prepares requisition.
Contract,if any,requires
Mayor's signature
46 Page
SURPLUS
Is it on the
Asset Listing?
Yes No
Does item
work?
�4
�l
Yes Does it have sei
value?
Include item on a Surplus
Property Sheet Yes No
1
Contact City Clerk to Take to Valley County
Submit Surplus Property Sheet discuss disposal Transfer Station
(and COMPLETED Asset Form,if
applicable)to City Clerk and Copy
Treasurer
EMakeame iswith
m a item to If item was on Asset List,
ng submit COMPLETED Asset
Form to Treasurer
Surplus items compiled on a list
and circulated to departments.
Items transferred to interested
departments/divisions.
Remaining items placed on a list
for a resolution and Council
action
Sell by public auction
47 Page
DEFINITIONS
Asset:All property owned by the City that has monetary value,including salvage value.Recordable
assets are valued at greater than>$1,500 and have a useful life of at least three years. Depreciable
Capital assets are valued at$10,000 or greater.
Bid: 1. (noun) Written offer to provide goods or services for a stated price. 2. (verb) Process of
obtaining written offers to provide goods and services. The terms "bid" and "proposal" are often
used interchangeably,though each has a distinctive meaning.
Bid Security:A promise to pay that accompanies an SFB or RFP. It can be in the form of cash, a
bid bond, cashier's check, or certified check. The monetary value of the security is forfeited to the
City if the awarded bidder or proposer fails to enter into a contract with the City or if the awarded
bidder/proposer fails to provide payment and performance bonds following contract execution.
Bonds: Legal documents issued by surety companies guaranteeing performance by a contractor.
There are bid bonds(see bid security above) and payment and performance bonds. Payment bonds
are issued to protect subcontractors and suppliers on a project. If the general contractor does not
pay its subcontractors or suppliers, the surety will honor the bond and do so. Performance bonds
are issued to ensure the contractor will complete the project. While bonds appear to operate in a
similar manner as insurance,they are not insurance policies.
Change Order: A change to an existing Purchase Order or Contract. Changes must be within the
original scope of the purchase order or contract and be for unforeseen circumstances.Change orders
must be in writing.
City: City of McCall, Idaho.
City Department:Any Department of the City. Current departments are: Community&Economic
Development, City Manager, City Clerk, Finance, Information Systems, Police, Parks &
Recreation, Library, Airport,Golf, and Public Works(Streets and Water).
Competitive Procurement: Selection of supplier, contractor, or firm to provide goods, equipment,
services, construction services, or consulting services based on a process that allows participation
(competition) by companies able to provide the needed goods or services. "Competitive
procurement"methods include SFBs, RFPs, and RFQs.
Competitive Range: In regard to RFPs and RFQs, refers to Proposals and Statements of
Qualifications that have a reasonable chance of being selected for award. Example for an RFP: A
respondent may have a great price and receive a great score for pricing,but have a dismal technical
proposal, and would therefore not be eligible for award. This company would not fall within the
competitive range.
Contractor:Independent business providing services,typically constructions services, to the City.
May be used interchangeably with the term Vendor depending upon the context of when the term
is used.
Department Director: The person responsible to manage a city department.
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Department Manager:Refers to the Department Director,Department Head,or to their designated
representative for a specific project.
Emergency: The occurrence or imminent threat of a disaster or condition threatening life or
property that requires state emergency assistant to supplement local efforts to save lives and protect
property or to avert or lessen the threat of a disaster.
Employee: A person legally occupying a position in City service, including, but not limited to,
regular full-time employees, introductory/probationary employees, part-time regular employees,
and temporary employees, as defined by the City of McCall Personnel Policy
Favoritism: The practice of giving unfair preferential treatment to one person or group at the
expense of another.
Firm: A firm or person offering professional services to the city.
Household Member:Spouse,dependent children,and any person the employee is legally obligated
to support.
SFB: Solicitation for Bids.
ISFB: Informal Solicitation for Bids.
Immediate Family Member: The spouse/partner, children, children of spouse/partner, spouses of
children, parents, parents of spouse/partner, grandparents, grandchildren, siblings (including step
brothers and sisters and half brothers and sisters), spouses of siblings, legal guardians, and legal
wards,whether living in the same household of the employee or not.
Solicitation for Bids: 1. A request for submittal of prices for goods or services. 2. All documents
associated with the request for prices.
IRFP: Informal Request for Proposals.
On Premise or On-Site: Any service work performed for the City on City property or on private
property at the request of the City. This does not include work performed at the vendor's business
location.
Personal Services: A service requiring a peculiar skill or ability. Examples: labor negotiations,
financial, insurance, and artistic.
Piggybacking: Buying goods or services by utilizing a contract already bid by the State of Idaho,
another political subdivision of the State of Idaho, or the federal government.
PO: Purchase Order.
Professional Services: A service that requires a high level of training and proficiency. Examples:
Architectural, engineering, accounting, legal, and medical.
Professional Services for Public Works: Professional services as defined by Idaho Code Title 67,
Chapter 23,including professional engineering, architectural, landscape architectural,construction
management, and professional land surveying services, including services by persons licensed
pursuant to Idaho Code Title 54, Chapters 3 (architects), 12 (engineers and surveyors), 30
491 Page
(landscape architects), and 45 (public works construction management).
Proposal:An offer to provide goods and/or services in response to a Request for Proposals(RFP).
PSA or Agreement: A professional service agreement or contract between the City and the
professional services provider(firm).
Public Works Construction: The repair, maintenance, construction, or remodel of any City
building,road, infrastructure, or facility with non-city personnel.
Purchase Order: 1. Written document to a supplier formalizing a purchase transaction. Document
includes a description of the requested items, cost of items, cost of delivery (if not included in
price), delivery schedule, and other terms and conditions of the purchase. 2. In Caselle, the
document created following conversion of a Requisition that also encumbers budgetary funds to
pay for the purchase.
QBS.Qualifications-Based-Selection
Qualifications Based-Selection: A process by which firms are evaluated and selected based on
qualifications and not price.This process is required for selection of engineers,architects,landscape
architects, land surveyors, and construction managers.
Quotes: Prices obtained from vendors
Requisition (REQ)/Purchase Requisition:An electronic or written request or order for something
that begins the purchasing process.Following approval,the requisition is converted into a Purchase
Order.
Reciprocal Preference: When an Idaho bidder is competing against an out-of-state bidder that
receives a preference in its home state,the percentage of the preference is added to the out-of-state
bidder's bid for determination of low bidder(Idaho Code 67-2349).
Request for Information: A request for vendors to supply information regarding products and
services available. A RFI is typically used to gather information for budgeting purposes and the
preparation of formal SFB or RFP specifications. The RFI process does not result in an award but
is a valuable tool to discover what is available on the market and possible solutions to an existing
problem.
Request for Proposals: 1. Type of competitive procurement for complex goods or services for
which bidding is not appropriate because needs cannot be easily defined, and price should not be
the primary means of award. Vendors are asked to provide solutions to the City's need and price is
but one of several evaluation criteria. 2. All documents associated with the request for proposals.
Request for Qualifications: A written request for design firms (engineers, architects, etc.) to
provide SOQs so the City may select the most qualified firm (from those submitting a SOQ) to
provide professional design services for a particular project.
501Page
Request for Quotes:A very informal request, usually by phone or email, for a vendor to provide a
price for a particular item or service. May only be used for purchases under$50,000.
RFI. Request for Information.
RFP: Request for Proposals.
RFQ:Request for Qualifications(relates to professional services)or Request for Quotation(relates
to goods and services).
Scrap Metal: Any material, equipment, or disposable supplies, no longer usable for City purposes
and having only salvage value for metal content for recycling.
Significant Idaho Economic Presence: Defined in Idaho Code 67-2349. A vendor is considered
domiciled in Idaho if they have maintained a staffed office,sales office, sales outlet,manufacturing
facilities, warehouse, or other necessary related property; and if a corporation, are registered and
licensed to do business in the state of Idaho with the Office of the Secretary of State for at least one
(1)year prior to submitting a bid.
SOQ: Statement of Qualifications.
Sole Source: When a specific item or service is available from only one vendor.
Statement of Qualifications: Documents submitted by professional design service providers
(engineers, architects, etc.) in response to a RFQ that describe a firm's abilities and experience to
provide a requested service.
Surplus: Any asset that is no longer useful for City purposes.
Vendor: Any person or company that sells or provides supplies or services. Often used
interchangeably with the term Contractor.
51 Page
ENVIRONMENTAL PREFERENCE POLICY
CITY OF MCCALL
Approved By
City Council: October 25, 2012
Pertains to Resolution Number: 12-21
City of McCall
Environmentally Preferable Purchasing Policy
I . STATEMENT OF POLICY
It is the policy of the City of McCall to:
' Purchase products or services that minimize environmental and health impacts,toxins, pollution, and hazards to
worker and community safety and to the larger global community to the greatest extent possible; however
It is not the intent of this policy to require a department, buyer, or contractor to take any actions that conflict with
local, state or federal procurement requirements or to procure products that do not perform adequately for their
intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.
Nothing contained in this policy shall be construed as requiring the City of McCall and its departments, buyers, or
contractors to take any action that conflicts with local,state or federal requirements.
2. PURPOSE
2.1 This policy is adopted in order to meet the following goals, which are not limited to:
a) Minimize health risks to City staff and residents,
b) Protect the quality of ground and surface waters,
C) Minimize the City's consumption of resources,
d) Improve air quality, and
e) Minimize the City's contribution to global climate change.
2.2 Further, this policy is adopted in order to encourage:
a) Purchase of products that include recycled content,conserve energy and water, reduce greenhouse gas emissions,and
are free of mercury and lead,and eliminate the use of other persistent bio-accumulative toxic chemicals where possible;
b) Practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long-
lasting, and reduce materials that are deposited in landfills;
C) Increased use and availability of environmentally preferable products, services and distribution systems that protect
human health and the environment;
521 Page
d) Support of manufacturers and vendors that reduce environmental and human health impacts in their services and
production and distributions systems;and
e) Creation of a model for successfully purchasing environmentally preferable products and services that encourages
other buyers and consumers in our community to adopt similar
3. CATEGORIES
The City of McCall shall consider the following categories and strategies for environmentally preferable product and
service procurement when making purchasing decisions:
3.1 Source Reduction
a) The City of McCall shall institute practices that reduce waste and result in the purchase of fewer products whenever
practicable and cost-effective, but without reducing safety or workplace quality.
b) Purchase remanufactured products (i.e. for equipment and vehicles) whenever possible, but without reducing safety,
quality or effectiveness.
C) Products that are durable, long lasting, reusable, refillable, recyclable, or otherwise create less waste shall be selected
whenever possible.
d) All documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed to be
single sided as per legal requirements.
e) All buyers shall consider short-term and long-term costs in comparing product alternatives,when feasible.This includes
evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition,
extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other
alternatives.
3.2 Toxics Reduction and Pollution Prevention
a) Products or services purchased by the City of McCall shall not, to the extent practicable, contain, emit, or create the
following in its use:
1. Carcinogens and reproductive toxins,
2. Persistent bio-accumulative toxicants, including,for example, lead, mercury, dioxins and furans,
3. Compounds toxic to humans or aquatic life or that are corrosive to the skin or eyes, and
4. Substances that contribute to the production of photochemical smog, tropospheric ozone production, or poor air
quality.
b) When maintaining buildings, the City of McCall shall use products with the lowest amount of volatile organic
compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint,
carpeting,flooring, adhesives,furniture and casework.
C) When replacing vehicles,the City of McCall shall lease or purchase only the most fuelefficient models available that are
suitable for each task.
d) To the extent practicable, the City of McCall shall use renewably-derived fuels or fuels that are cleaner and less-
polluting than gasoline and conventional diesel fuel, including biodiesel, and electricity.
531 Page
3.3 Recycled Content Products
a) Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products.
b) Copy paper purchased shall have a post-consumer recycled content of 30%or greater.
C) The City of McCall shall recycle asphalt and concrete that is removed for streets and sidewalks and will use materials
containing recycled asphalt and concrete for constructing roads and sidewalks when such materials are available and
appropriate for the projects at hand.
d) The City of McCall shall specify and purchase, whenever possible, recycled content transportation products, including
signs, cones, parking stops, delineators,and barricades.
3.4 Energy and Water Savings
a) New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water
consuming fixtures and process equipment,and all such components shall meet or exceed U.S. Department of Energy
(DOE) Federal Energy Management Program (FEMP) recommended levels,whenever practicable.
b) All products purchased by the City of McCall and for which the U.S. Environmental Protection Agency (EPA) Energy
Star certification is available shall meet Energy Star certification,whenever possible.
C) Demand water heaters shall be purchased whenever practicable.
d) Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall be
enabled during the initial installation and shall remain enabled unless lease features conflict with the manufacturer's
recommended operation and maintenance of the equipment.
3.5 Green Building—Construction and Renovations
a)The City of McCall shall use industry-leading environmental sustainability standards integrated into the
planning, design, construction and materials for all new City buildings and renovation projects, pursuant to City
of McCall Resolution 09-01 dated February 12, 2009.
3.6 Landscaping
a) All landscape renovations, construction and maintenance by the City of McCall, including contractors providing
landscaping services, shall employ sustainable landscape management techniques for design, construction and
maintenance whenever possible,including, but not limited to, integrated pest management,drip irrigation,composting,
and procurement of mulch and compost that give preference to those produced from regionally generated plant debris
and/or food waste programs.
b) When available and practicable, the City of McCall shall purchase landscaping equipment that is not dependent on the
use of fossil fuels.
C) Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate,
species that grow to their natural size in the space allotted,native species,and perennials rather than annuals for color.
d) Hardscapes and landscape structures constructed of recycled content materials are encouraged.
e) The City of McCall shall limit the amount of impervious surfaces in the landscape,whenever practicable.
3.7 Forest Conservation
541Page
a) To the greatest extent possible, the City of McCall shall not procure wood products such as lumber and paper that
originate from forests harvested in an environmentally unsustainable manner and shall give preference to wood and
wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification
system such as those of the Forest Stewardship Council.
b) Paper and paper products made from non-wood, plant-based contents are to be purchased and used whenever
practicable.
4. IMPLEMENTATION
a) Department heads shall implement this policy in coordination with other appropriate City of McCall personnel.
b) The City of McCall Environmental Advisory Committee shall be available to advise the department heads regarding
environmentally preferable products that comply with this
C) Whenever possible,the City will use existing eco-labels and standards to make purchasing decisions.
d) Successful bidders shall certify in writing that the environmental attributes claimed in formal competitive bids are
accurate.
e) Vendors, contractors and grantees shall comply with applicable sections of this policy for products and services
provided to the City of McCall,where practicable.
f) If the buyer making the selection from competitive bids or the requesting department seek to purchase products that
do not meet the environmentally preferable purchasing criteria in this Policy, the buyer shall provide a written
justification to the department head with a copy forwarded to the Mayor or its designee explaining why the
requirements of this policy should not apply, e.g. the product is not technically practical, economically feasible, or
available within the timeframe required.
g) All future vendor contracts shall be negotiated in light of this policy. If a vendor that is under contract to the City of
McCall is no longer able to provide a product that meets the City's environmentally preferable specifications, it shall
notify the appropriate City representative. Prior written consent from an authorized City representative shall be
required before substituting any alternative product.
5. PROGRAM EVALUATION
Once every two years,the City of McCall Environmental Advisory Committee shall ask Department Heads to
report on the applicability of this policy, shall evaluate the success of the implementation of this policy,and shall
revise this policy as appropriate.
6. DEFINITIONS
"Buyer" means personnel authorized to purchase or contract for purchases on behalf of the City of McCall or its
departments.
"Contractor" means any person,group of persons, businesses,consultant, designing architect, association,
partnership, corporation, supplier, vendor or other entity that has a contract with the City of McCall or services in a
subcontracting capacity with an entity having a contract with the City of McCall for the provision of goods or
services.
"Practical"and "Practicable" mean whenever possible and compatible with local, state and federal law,without
reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a
reasonable period of time.
55IPage
7. RESOURCES
The following is a sample list of online resources for evaluating and locating environmentally preferable purchasing
options:
• U.S. Environmental Protection Agency (U.S. EPA) Environmentally Preferable Purchasing, a
federal program offering fact sheets, case studies, and vendor lists of product brands that meet
federal environmentally preferable purchasing standards: www•epa.gov/epp/
• U.S. Department of Agriculture (USDA) BioPreferred: www.biobased.oce.usda. ov
• ENERGY STAR, a joint program of the U.S. Department of Energy and U.S. EPA that includes
information about energy-efficient products(such as light fixtures, exit signs, appliances, and office
equipment): www.energvstar.gov
• U.S. EPA's Comprehensive Procurement Guidelines(CPG), recommendations of minimum recycled-
content levels for dozens of products: www.epa.gov/cpg
• EPA's Design for the Environment: www.e a. ov dfe index.htm
• Green Seal, a nonprofit organization that established standards for products (such as janitorial
cleaners, floor strippers and paints) and certifies products that meet those standards:
www. reenseal.or
• Electronic Products Environmental Assessment Tool (EPEA T), an independent program that
certifies "green" electronic equipment such as computers, monitors and laptops: www.epeat.net
• EcoLogo, Canada's environmental product certification program has issued standards for over 300
product categories (such as flooring, paint, electricity, cleaners, office equipment and paper
products), many of which are sold in the U.S.: www.environmentalchoice.com en
• Forest Stewardship Council certifies lumber and other building products made with sustainably
harvested wood and products that reduce wood consumption: www.fsc.org
• Greenguard, a nonprofit organization that certifies products that impact indoor air quality and lists
products (such as flooring, paints, furniture and cleaning products) with low VOCs and other
emissions: www.greenguard.org
• Chlorine-free Products Association, a nonprofit organization that certifies chlorine-free products
• (such as copy paper, envelopes and tissue products): www.chlorinefreeproducts.org
561Page