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HomeMy Public PortalAboutResolution 22-34 Purchasing Policy UpdateCity of McCall RESOLUTION NO. 22-34 A RESOLUTION OF THE CITY OF MCCALL, IDAHO, MODIFYING THE PURCHASING POLICY MANUAL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Purchasing Policy Manual has been created to capture relevant legal requirements 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 adopted the Purchasing Policy Manual with Resolution 21-05; and WHEREAS, the State of Idaho updated code 67-2320 — Professional Service Contracts with Design Professionals, Construction Managers, and Professional Land Surveyors, in 2021 after the City's Purchasing Policy was adopted and created inconsistencies within the Purchasing Policy; and WHEREAS, the modifications proposed to the Purchasing Policy dated October 20, 2022 have been reviewed by City Attorneys and will resolve inconsistencies between the City and State procurement policies for professional services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL THAT: Section 1: This Resolution adopts the modifications to the Purchasing Policy Manual dated October 20, 2022 attached hereto as Exhibit A, which Manual shall bear the date of this resolution. Section 2: This resolution shall be in full force and effect immediately upon its adoption and approval PASSED and approved by the City Council of the City of McCall this 20 day of October 2022. io ,��, `.i.iOF'tIv '14�,• CITY OF MCCALL .' G 9� % Valley County, Idaho � %9l Off, Robert S Gires, Mayor ATTEST: i ��'i 1 n. u A- . �• BessieJo W. ner, City t' erk Resolution 22-34 Modification to Purchasing Policy October 6, 2022 Page 1 EXHIBIT A City o/ C Mcall IDAHO PURCHASING POLICY Approved by City Council October 20,2022 via Resolution 22-34 Table of Contents PURCHASING POLICY I. Purpose 1 II. Scope 1 III. Enforcement 1 IV. Responsibilities • .2 A. City Manager 2 B. Treasurer . . 2 C. City Clerk 2 D. Department Directors 3 E. Employees 3 F. City Council 4 V. Principles Related to the Administration of this Policy 4 A. Vendor Relations •.4 B. Sources of Supply 4 C. City Business License 4 D. Prohibited Conduct 5 E. Competitive Procurement 7 F. Emergency Purchases 7 G. Grants 7 H. Business Preferences 8 I. Tax Exemption 8 J. Workers Compensation and General Liability Insurance 8 K. Encumbrances 9 L. Fixed Asset Accounting 9 M. Surplus, Scrap, and Recyclable Property 9 N. Suggestions 9 VI. Sanctions 9 VII. Supplemental Materials 10 PURCHASING PROCEDURES I. Types of Purchases 11 A. Thresholds for Purchases of Goods or Services 11 B. Thresholds for Purchases of Public Works Construction Services 12 C. Thresholds for Purchases of Professional Design Services 13 D. Purchases Exempted from Competitive Procurement 14 II. Requisitions and Purchase Orders 15 A. Requisition .. 15 B. Annual Requisition ..1 C. Purchase Order 16 D. Purchase Order Receiving .. . 16 III. Competitive Procurement For Goods And Services .. 1 A. Informal Solicitation For Bids (ISFB)— Goods and Services .. 16 B. Informal Request for Proposals (IRFP) — Goods and Services 18 1 IPage C. Formal Solicitation For Bids (FSFB) — Goods and Services 20 D. Formal Request for Proposals (FRFP) — Goods and Services 24 IV. Competitive Procurement For Public Works Construction 27 A. Informal Solicitation For Bid (ISFB) — Public Works Construction 27 B. Formal Solicitation For Bids (FSFB) — Public Works Construction 29 V. Competitive Procurement For Professional Services Pertaining To Public Works 32 A. Direct Request — Professional Services 32 B. Establishing and Maintaining a Consultant Roster - Professional Services 32 C. Formal Request for Qualifications (FRFQ) — Professional Services 35 D. Selection Criteria (Consultant Roster or evaluating formal SOQs) 36 E. Selection Procedure for evaluating formal SOQ's - not on a Consultant Roster.. 36 F. Negotiations for evaluating formal SOQ's - not on a Consultant Roster 37 G. Contract Extension „ 37 H. Contract Award 37 Table Guidelines For Acquiring Professional Services 38 Purchasing Processes (Flow Charts) 39 Purchase Process Goods & Services (excludes public works construction) 40 Purchase Process Public Works Construction 41 Formal Competitive Procurement Specification Development 42 Contract Approval and Execution 43 Change Order Process 44 Emergency Purchase Process 45 Sole Source Provider 46 Piggyback Process 47 Surplus Personal Property Process 48 Definitions 49 21 Page PURCHASING 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. I. 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. II. 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. III. 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. 1 Page 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. IV. RESPONSIBILITIES A purchasing system cannot function properly without the cooperation and assistance of all involved parties. A. City Manager The City Manager's responsibility is to: 1. Recommend approval of Purchasing Policy and Procedures by City Council 2. Oversee the Treasurer 3. Promote an intelligent and harmonious relationship between the Treasurer and other City Departments relative to administration of this policy 4. Review and approve purchases within authority delegated by City Council 5. Review and approve contracts within authority delegated by City Council B. Treasurer The Treasurer's responsibility is to: 1. Act as the City's Procurement Officer and administer the purchasing policy 2. Review requisition and purchase order requests for accuracy and reasonableness to determine sufficient budget authority exists 3. Institute reports necessary to permit analysis of purchasing performance and provide documentation required for any audit 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. Consolidate purchase of like or common items when feasible and beneficial 6. Define how to obtain savings and to coordinate purchasing procedures C. City Clerk The City Clerk's responsibility is to: 2IPage 1. Receive copies of all SFBs, RFPs, and RFQs and evaluation committee notes in the bid document Laserfiche file for retention and audit purposes 2. Attend all bid openings and record bid results 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 4. Receive all vendor/contractor protests and objections that believe they were prejudiced by the City's procurement or award procedures 5. Manages disposal of Surplus, Scrap, and Recyclable Property processes for all departments 6. Determines when a City business license is required for vendors doing business with the City D. Department Directors The Department Director's responsibility is to: 1. Determine the need for goods or services using prudent judgment, within budgetary restrictions 2. Analyze prices paid for materials and equipment 3. Direct sales representatives to the Treasurer's office as their first point of contact with the City 4. Negotiate contract terms and conditions with City Attorney and City Clerk assistance 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 6. Ensure all contracts, agreements, and MOUs are reviewed by the City Attorney prior to execution 7. Provide copies of all documents to the Treasurer and/or City Clerk in Laserfiche E. Employees Employee's (involved with purchases) responsibility is to: 1. Become familiar with and follow the purchasing policy, principles, processes, and procedures 3IPage 2. Stay within authorized spending and contract levels F. City Council The Council's responsibility is to: 1. Take action on contracts upon the recommendation of the Department Director as supplemented by the Treasurer and/or City Manager, if required V. PRINCIPLES RELATED TO THE ADMINISTRATION OF THIS POLICY A. Vendor Relations 1. The Treasurer will promote a program of fairness and professionalism with all vendors. 2. The Treasurer and/or Department Director will receive sales representatives as promptly and courteously as time permits 3. During evaluation and negotiation periods, prices and other specific information received from vendors will not be divulged to other vendors 4. The Department Director will advise unsuccessful Bidders as to the disposition of their bids 5. Bidding participants may protest to the City that they were prejudiced by the City's procurement or award procedures. 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. B. 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. C. 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. 41 Page 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. D. 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, 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. 1. Gifts & Gratuities (I.C. §§ 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. 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. 5IPage 3. Bid Splitting & Avoidance of Competitive Bidding and Procurement (I.C. ,5 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 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. 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. 5. Organizational Conflicts of Interest: An organizational conflict of interest may exist when: a. 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; b. 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 6JPage c. 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.). d. 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 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. 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. E. 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). F. 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. G. 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. 7IPage H. Business Preferences 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 businesses of available bid/quote opportunities and to purchase goods or services from them when possible. 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. I. 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. J. 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 81 Page greatly increase the City's workers compensation insurance premium. These costs may be chargeable to the department that used the uninsured vendor. K. 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. L. 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. M. 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. N. 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. VI. 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. 9IPage VII. 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. IOIPage 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. I. 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 III, IV, and V below. A. Thresholds for Purchases of Goods or Services (except public works construction) -1 <$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 1 See Purchase Process Goods & Services flowchart on p. 10 supra. 11 'Page 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) -(j). 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. B. Thresholds for Purchases of Public Works Construction Services.2 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 - qualifying contractors and only those contractors may submit a bid for a project 2 See Purchase Process Public Works Construction flowchart on p. 11 supra. 121 Page (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. C. Thresholds for Purchases of Professional Design Services3 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). Information regarding the Consultant Roster can be found in Section V. Paragraph B. 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: $50,000 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. > $50,000: Selection is obtained from the Quality Based Selected Consultant Roster OR through the evaluation of a minimum of three firms' qualifications through the Formal Request for Qualifications (FRFQ) process. 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 3 See Guidelines for Acquiring Professional Services table on p. 13 supra. 131 Page 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 7) and Bid Splitting & Avoidance of Competitive Bidding and Procurement Statutes (page 7). D. Purchases Exempted from Competitive Procurement 1. Procurements During Emergency 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. 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. 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 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. 4. Piggybacking6 See flow chart on p. 17 supra. 5 See flow chart on p. 18 supra. 6 See flow chart on p. 19 supra. 141 Page 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. 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 $50,000, and not selecting from the Consultant Roster, professional services contracts require City Attorney review and City Council approval. 6. Other Exempted Procurements Other procurements exempted from the competitive bidding processes of the Idaho Code are listed in Idaho Code § 67-2803. I. REQUISITIONS & PURCHASE ORDERS A. 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 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: 151Page Department Director or Designee $1,000 or less Treasurer or Designee < $5,000 City Manager or Designee < $50,000 B. 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. C. 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. D. 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. II. COMPETITIVE PROCUREMENT FOR GOODS AND SERVICES: BID PREPARATION AND SELECTION PROCESS A. 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 7 See Purchase Process Goods & Services flowchart at p. 10 supra. 16' Page 1. When to use an ISFB for Goods and Services Procurements An ISFB shall be used to obtain bids for a procurement of goods and services >$50,000 but not exceeding $100,000. 2. Preparing & Sending Solicitation for Bids An ISFB must: a. Be written; b. Be provided to at least three (3) vendors by electronic or physical delivery (either method of delivery is appropriate); c. 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; d. 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 e. Identify the date a bid must be received by the City to for it to be considered. Vendors must be provided adequate time to respond, but not less than three (3) business days. 3. Objections to Solicitation a. 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. i. If an objection is received, and the City shall promptly notify all vendors who received the ISFB of the objection. ii. The City official that prepared the ISFB may choose to deny the objection and proceed without modification to the solicitation or bid procedure. iii. 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. b. 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. I7IPage i. 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. c. Once received, bids are to be compiled by the Department Director or City Clerk and submitted to the City Council for consideration. i. Award is to be made by City Council to the lowest responsive bidder for an ISFB. ii. If two bids are identical, and are both the lowest bid, the City Council has discretion to choose either bid. iii. 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. d. 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. B. Informal Request for Proposals (IRFP) — Goods and Services >$50,000 but not to exceed $100,000 (LC. 67-2806A & I.C. 2806(1))8 4. When is an IRFP Appropriate? a. 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 >$50,000 but not to exceed $100,000. Using the IRFB process is appropriate when: i. Fixed specifications in a ISFB might preclude the discovery of a cost-effective solution; ii. A specific problem the procurement is needed to resolve is amenable to several solutions; or iii. Price is not the sole determining factor for the selection. 8 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. 18 'Page b. 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. 5. Preparing & Sending a Request An IRFP must: a. Be written; b. 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); c. Include instructions to potential vendors for how the IRFP process will work; d. Describe the scope of work for the goods or services contemplated; e. Identify the criteria the City will use for awarding the contract to a particular vendor; f. Identify prospective contract terms; and g. Identify the methodology and weight the City will apply to the factors it considers in awarding a contract. Vendors who wish to respond to the IRFP must be provided adequate time to respond, but not less than three (3) business days. 6. Objections to Request a. 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. i. If an objection is received, the City shall promptly notify all vendors who received the IRFP of the objection. ii. The City may choose to deny the objection and proceed. If so, the IRFP and proposal procedure will not be modified. iii. 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. 7. Receiving/Processing Requests and Awarding Contract I91Page a. Proposals must be in writing and be returned to the City Clerk, or authorized City Official, by the deadline in the IRFP. 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. b. 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. Factors the City Council may consider when selecting a vendor's proposal: 1) Whether the solution offered is innovative; 2) The unique product features offered; 3) Price; 4) Vendor experience in the market; 5) Financial stability of a vendor; 6) Differences among vendors in their ability to perform contract requirements in a timely or efficient manner; 7) Ability to meet the City's needed product specifications; 8) Product quality; 9) Product performance records; 10) Past performance by a vendor; 11) Future product maintenance or service requirements; and 12) Product warranties. c. 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. d. 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. e. 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. C. Formal Solicitation For Bids (FSFB) — Goods and Services greater than $100,000 (not public works construction) (Idaho Code § 67-2806(2))9 9 See Purchase Process Goods & Services flowchart at p. 10 supra. 201 Page 1. When to use an FSFB for Goods and Services Procurements 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. 2. Preparing & Publishing Solicitation'- An FSFB shall: a. Be written; b. Succinctly describe the personal property and/or service to be procured: c. Identify the how copies of bid forms, specifications, bidder's instructions, contract documents, and general and special instructions can be obtained; d. Set the time and place for opening bids; e. Identify whether the City is requiring a bid security equal to five percent (5%) of the bid value to be included with bids; and f. Identify whether payment and performance bonds will be required by the party who is awarded the contract. If the FSFB requires a bid security deposit, the FSFB must identify whether the deposit shall be in: a. Cash b. Cashier's check made payable to the City; c. Certified check made payable to the City; or d. A Bidder's bond executed by a qualified surety company, made payable to the City. 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. 3. Objections to Solicitation I° See Formal Competitive Procurement Specification Development table on p. 12 supra for additional guidance. 21 'Page a. 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. i. If an objection is received, the appropriate Department Director or the City Clerk shall promptly notify all vendors who submitted bids of the objection. ii. 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. iii. 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. 4. Receiving & Processing Bids a. 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. b. Bids cannot be withdrawn after the time set for opening bids has passed. c. 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. d. Bids received after the deadline for submitting the same shall not be accepted and shall be returned to the bidder unopened. e. 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. i. 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. ii. 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. iii. 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. iv. 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 221 Page on the open market, and thereafter purchase the goods or services on the open market. After selecting the successful bidder, the City shall send written notice to all who submitted bids of its selection. 5. Objections to City Council's Decision a. 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. After receiving a timely objection, the City shall: i. Stay performance of any procurement until after the objection is addressed; ii. Set the matter for review by the City Council; iii. 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. 6. Procedures Following Selection of Successful Bid a. 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. b. Unsuccessful bidders shall be entitled to return of their bid security. c. 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. d. 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 e. city attorney. Bond amount will be satisfactory to the purchasing officer and in compliance with the contract specifications. 231 Page f. 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. D. Formal Request for Proposals (FRFP) — Goods and Services greater than $100,000 (Idaho Code § 67-2806A)11 1. When is an FRFP Appropriate? a. 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: i. Fixed specifications in a solicitation might preclude the discovery of a cost- effective solution; ii. A specific problem the procurement is needed to resolve is amenable to several solutions; or iii. Price is not the sole determining factor for the selection. b. 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. 2. Preparing & Publishing Requests An FRFP shall: a. Be written; b. Include instructions to potential vendors for how the RFP process will work; c. Identify when the City will open submitted proposals; d. Describe the scope of work for the goods or services contemplated; e. Identify the criteria the City will use for awarding the contract to a particular vendor; 11 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. 12 See Formal Competitive Procurement Specification Development table on p. 12 supra for additional guidance. 24 [Page f. Identify whether the City is requiring a bid security equal to five percent (5%) of the proposal value to be included with the proposal; g. Identify prospective contract terms; and h. The methodology and weight the city will apply to the factors it considers in awarding a contract. 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. Objections to Request a. 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. i. If an objection is received, the Department Director or the City Clerk shall promptly notify all vendors who submitted proposals of the objection. ii. 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. iii. 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. 4. Receiving & Processing Proposals a. 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. b. Proposals cannot be withdrawn after the time set for opening proposals has passed. c. 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. d. Proposals received after the deadline for submitting the same shall not be accepted and shall be returned to the bidder unopened. e. 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. 251 Page g. When considering the various proposals, the City Council shall make its decision based upon the following factors: i. Whether the solution offered is innovative; ii. The unique product features offered; iii. Price; iv. Vendor experience in the market; v. Financial stability of a vendor; vi. Differences among vendors in their ability to perform contract requirements in a timely or efficient manner; vii. Ability to meet the City's needed product specifications; viii. Product quality; ix. Product performance records; x. Past performance by a vendor; xi. Future product maintenance or service requirements; and xii. Product warranties f. 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. 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. 5. Objections to City Council's Decision a. 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. After receiving a timely objection, the City shall: i. Stay performance of any procurement until after the objection is addressed; ii. Set the matter for review by the City Council; iii. 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. 6. Procedures Following Selection of Successful Proposal a. 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. 261 Page b. After selecting the successful proposal, the City shall send written notice to all who submitted proposals of its selection. c. An unsuccessful vendor shall be entitled to return of their bid security. d. 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/refused 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. e. 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 f. City Attorney. Bond amount will be satisfactory to the purchasing officer and in compliance with the contract specifications. III. COMPETITIVE PROCUREMENT FOR PUBLIC WORKS CONSTRUCTION (Idaho Code § 67-2805): BID PREPARATION AND SELECTION PROCESS A. Informal Solicitation For Bid (ISFB) — Public Works Construction >—$50,000 but not to exceed $200,000 (Idaho Code § 67-2805(1))13 1. When to use an ISFB for Public Works Construction An ISFB shall be used obtain bids for a public works construction project procurement >_$50,000 but not exceeding $100,000 through an ISFB. 2. Preparing & Sending Solicitation for Bids ISFB must: a. Be written; b. Be provided to at least three (3) owner -designated licensed public works contractors by electronic or physical delivery (either method of delivery is appropriate); 13 See Purchase Process Public Works Construction flowchart at p. 11 supra. 271 Page c. Describe the needed construction work in sufficient detail to allow an experienced public works contractor to understand what construction project the City needs; d. 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 e. Identify the date a bid must be received by the City to for it to be considered. f. Contractors must be provided adequate time to respond, but not less than three (3) business days. 3. Objections to Solicitation 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. a. If an objection is received, and the City shall promptly notify all contractors who received the ISFB of the objection. b. The City official that prepared the ISFB may choose to deny the objection and proceed without modification to the solicitation or bid procedure. c. 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. Receiving/Processing Bids & Awarding Contract 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. a. 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. b. Once received, bids are to be compiled by the Department Director or City Clerk and submitted to the City Council for consideration. c. Award is to be made by City Council to the lowest responsive bidder for an ISFB. d. If two bids are identical, and are both the lowest bid, the City Council has discretion to choose either bid. 28JPage e. 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. f. 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. B. Formal Solicitation For Bids (FSFB) — Public Works Construction greater than $200,000, Category A (Idaho Code § 67-2805(2)(a))14 1. When to use an FSFB for Public Works Construction 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. 2. Preparing & Publishing Solicitation for Bidsjs FSFB shall: a. Be written; b. Set the time and place for the public opening of bids; c. Describe the needed construction work in sufficient detail to allow an experienced public works contractor to understand what construction project the City needs; d. 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); e. Identify that bids must be sealed, labeled on the envelope as a bid, and addressed to the City Clerk; f. Identify whether the City is requiring a bid security equal to five percent (5%) of the bid value to be included with bids; and g. Identify whether payment and performance bonds will be required by the bidder who is awarded the contract. If the FSFB requires a bid security deposit, the FSFB must identify whether the deposit shall be in: a. Cash 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. 29 'Page b. Cashier's check made payable to the City; c. Certified check made payable to the City; or d. A Bidder's bond executed by a qualified surety company, made payable to the City. 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. 3. Objections to Solicitation 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. a. 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. b. 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. c. 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. 4. Receiving/Processink Bids and Selecting Successful Bidder a. Sealed bids shall be submitted to the City Clerk or other authorized City Official. b. Bids cannot be withdrawn after the time set for opening bids has passed. c. 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. d. Bids received after the deadline for submitting the same shall not be accepted and shall be returned to the bidder unopened. e. 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. 301 Page i. 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. ii. If identical bids are received, the City Council may choose the bidder it prefers. iii. 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. iv. 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. After selecting the successful bidder, the City shall send written notice to all who submitted bids of its selection. 5. Objections to City Council's Decision 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. After receiving a timely objection, the City shall: a. Stay performance of any procurement until after the objection is addressed; b. Set the matter for review by the City Council; c. 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. 6. Procedures Following Selection of Successful Bid a. 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. b. Unsuccessful bidders shall be entitled to return of their bid security. c. 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 31 'Page 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. d. 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 city attorney. e. Bond amount will be satisfactory to the purchasing officer and in compliance with the contract specifications. IV. 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 $10,000. A. Direct Request — Professional Services < $50,000 For projects under $50,000, 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. B. Establishing and Maintaining a Consultant Roster - Professional Services > $50,000 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(i)). 1. Consultant Roster Renewal Timeline a. The Consultant Roster must be updated, at least every five (5) years, or it shall be deemed expired. b. The master agreements for selected consultants will be renewed annually within the 5 - year (max.) timeline of the official roster, unless sooner terminated in writing. c. If a consultant is added after the initial roster is established, the master agreement term for this consultant will expire in conjunction with the initial five-year roster termination timeline. 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. 32lPage 2. Preparing and Publication or Sending the Request for Qualifications (RFQ) for Establishing a Consultant Roster The preparation of the Consultant Roster RFQ shall follow procedures: a. Include a general description of the proposed project services needed; b. Identify contact name and contact information at the City if potential services providers have questions; c. Encourage persons or firms engaged in the services being solicited to submit a SOQs and performance data; d. Establish the criteria and procedures that will be used for selecting the service provider; and e. 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. The publishing of the Consultant Roster RFQ shall follow procedure outlined: a. The notice of the Consultant Roster RFQ 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 the Consultant Roster RFQ and SHALL notify the City Clerk of the notice publication. b. The Department Director (or designee) may also directly solicit SOQs from firm(s) or person(s) by sending them a copy of the Consultant Roster RFQ. 3. Submissions of Statement of Qualifications (SOO) for Consultant Roster Consideration a. A firm shall submit required SOQ materials identified in the publication for the Consultant Roster RFQ. b. A firm may submit an SOQ at any time, after the initial roster is established, for inclusion on the Consultant Roster. When this SOQ is submitted, the City will review the SOQ and determine the firm's eligibility in accordance with Section V. Paragraph B. Part 4. 4. Consultant Roster Selection Criteria, Selection Procedure, and Final Approval Selection Criteria shall follow Section V. Paragraph D. Selection Procedure for Inclusion onto a Consultant Roster: 331Page a. When considering firms eligible to be included on a specific Consultant Roster, each consultant SOQ 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. Persons not on City staff may be selected when determined by the Department Manager to be beneficial to the review process. b. Reviewers shall independently review and score the SOQs and shall complete an "Evaluation Form" for each firm considered for the Consultant Roster. Selection criteria and minimum scoring (for acceptance to each Consultant Roster) shall be established by the selection committee prior to issuing a formal RFQ. After each reviewer has evaluated the firms for eligibility, the committee will meet to review all evaluation forms and establish a final score for each SOQ. Firms with SOQs that meet the minimum score established for each Consultant Roster will be added to the Consultant Roster. Interviews may be used, if determined by the committee they are beneficial in establishing final SOQ scores, but they are not required. c. The Consultant Roster is intended to be established off a Quality Based Selection, however, submitted Statements of Qualifications may not be adequate for determining which firm is the best qualified for a specific project outside of the services solicited for the Consultant Roster. Departments may wish to request additional information from a possible firm to more accurately determine if a Firm will meet the minimum scoring criteria for each Consultant Roster. 5. Consultant Roster Approval by City Council Once the committee has identified all eligible firms to be included on a respective Consultant Roster, the Department Head (or designee) shall submit the Consultant Roster(s) to the City Council for approval. This approval shall coincide with the establishment and Council approval of consultant master agreements for each firm listed on the Consultant Roster(s). If a firm is added to the Consultant Roster (after the roster is initially approved by Council), the master agreement for that firm must also be approved by City Council prior to selecting that firm for a specific project and entering negotiations for price -based proposals. 6. Contract Award for Rostered Consultants Once a Consultant Roster has been established, the Director (or designee) can then select any firm from the Consultant Roster they determine is best suited for the required professional services being sought. Negotiations can then proceed with that selected firm on establishing a final cost -based proposal. If the selected consultant and the City fail to reach mutual agreement on a cost -based proposal, the City can reject that consultant's proposal, and must select a subsequent consultant from the Consultant Roster to commence cost -based proposal negotiations. The City Manager shall be authorized to approve and execute each cost -based proposal (i.e. Task Order) provided legal counsel has also approved the proposal. 34IPage If a Department wishes to consider firms that are not on the City's established Consultant Roster(s) refer to Sections V. Paragraph A. (5_$50,000) or V. Paragraph C. (>$50,000). C. Formal Request for Qualifications (FRFQ) — Professional Services greater than $50,000 if NOT selecting from Consultant Roster 1. When to do an FRFP This process is to be used if: a. anticipated agreement amount will exceed $50,000; b. no firms, or an inadequate number of firms, on the Consultant Roster appear to meet the needs of the department; or c. the department desires to issue a formal request. The FRFP process 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. 2. Preparing and Publishing or Sending the FRFO An FRFO shall: a. Include a general description of the proposed project services needed; b. Identify contact name and contact information at the City if potential services providers have questions; c. Encourage persons or firms engaged in the services being solicited to submit a SOQs and performance data; d. Establish the criteria and procedures that will be used for selecting the service provider; and e. 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. f. 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. 351Page i. The Department Director (or designee) may also directly solicit SOQs from firms) or person(s) by sending them a copy of the FRFQ. ii. The Department Director (or designee) will send notice of the FRFQ opportunity to all firms on the consultant roster in the relevant category(s). iii. Upon receipt of SOQs, and the passing of the deadline for submitting SOQs, the Department Director (or designee) 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 V. Paragraph C. Parts 1.-4. of this Policy. D. Selection Criteria (when using a Consultant Roster or evaluating formal SOQs) Selection of professional services shall be based on the criteria developed by the requesting Department Director (or designee) and such criteria shall be included in the RFQ. The criteria shall include the following, but additional criteria may be included for specific projects: 1. Firm History and Capability to Perform Project 2. Relevant Project Experience 3. Qualifications of Project Team Members 4. Familiarity with Area and Project 5. Project Approach and Schedule E. Selection Procedure for evaluating formal SOQ's (not on a Consultant Roster, as defined in Section V. Paragraph C.) 1. 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. 2. When consideration of more than one firm's qualifications is required by this Policy for agreements valued at greater than $50,000, 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. Persons not on City staff may be selected when determined by the Department Manager to be beneficial to the review process. 3. Reviewers shall independently review and rank the SOQs and shall complete an "Evaluation Form" for each firm that submitted a SOQ to a formal RFQ request. Selection criteria are established prior to issuing a formal RFQ. Each reviewer shall rank the firms in order of preference. The rankings of each reviewer shall then be combined to determine 361 Page a final ranking. After each reviewer has ranked the firms, the committee will meet to discuss the scores. 4. When interviews are required and the number of firms submitting SOQs, exceeds three, the three highest -ranked firms will be interviewed. The project lead will determine 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 score is number 2, etc. The rankings of each reviewer shall then be combined to determine a final ranking. F. Negotiations for evaluating formal SOQ's (not on a Consultant Roster and as defined in Section V. Paragraph C.) 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. G. 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 is required if amount is > $50,000. City Manager signs agreement. If ?$50,000, Council approval also required. (Also reference Change Order Process chart, pages 16 & 17). H. 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 Council. 37IPage GUIDELINES 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. Anticipated Fees RFQ Option(s) Minimum # of Firm(s) or Person(s) Considered Minimum # of Evaluators Interview Required2 Approval/Signing of Contract $0-$50,000 1. 2. 3. Direct Request' Consultant Roster Published Public Notice 1 1 No < $10,000: Dept Director < $50,000: City Manager not ona0 Consultant Roster 1. Published Public Notice 3 12 Optional Up to $50,000: City Manager >$50,000: City Council > $50,000 on a Consultant Roster 1. 2. Published Public Notice (for initial establishment) Consultant Roster 22 1 Optional >$50,000: City Manager3 1 Even though we are not required to use competitive selection for services valued below $50,000, we are still required to select a consultant that is well qualified to provide the services. 2 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. 3 City Council must approve consultant master agreement prior to City Manager authorizing. Interviews may be conducted by phone, video conference, web, or in person. 38JPage Purchasing Processes (Flow Charts) 39IPage PURCHASE PROCESS GOODS & SERVICES (Idaho Code 67-2806) (excludes public works construction) r r r < 550,000 Select Vendor based on best value to the City z Prepare Purchase Requisition (attach quotes if obtained) REQ Reviewed/Approved by Approver (DH, Trsr, or CM) >< r 1 Accounts Payable Converts Requisition to Purchase Order r 1 Goods o Services Ordered Goods or Services Received/Completed & Invoice Received by Dept r Pmt approved Check Mailed >_ $50,000 but not to exceed $100,000 1 Dept Develops Bid Specs & Saves Bid in Laserfiche Dept Init'ates Informal Bidding Dept Receives !Bids/Bids Uploaded to 'Laserfiche L 1 Bids Reviewed by Appropriate Dept L 1 J > $100,000 1 Department Develops Formal Bid Specs rDept initiates Formal Bidding !City Clerk Receives !Bids & Opens Bids & !Uploads to !Laserfiche Bids Reviewed by Appropriate Dept nt Submits to City Attorney for review of contract/agreement Department Submits to City Manager for City Council Award Dept Prepares REQ and Attaches Supporting Documentation 40 1 PURCHASE PROCESS PUBLIC WORKS CONSTRUCTION (Idaho Code 67-2805) For any project greater than or equal to $50,000, an Idaho PublicWorks Contractors License is required ` for bidding (I.C. 54-1903) and City must, within 30 days,file notice of project award to the IdahoTax Commission (I.C. 54- 1904A). Plans and specifications for public works construction projects ?.$10,000 must be prepared by, and theconstruction reviewed by, a licensed professional engineer (I.C. 54-1218). < $50,000 J elect Vendor based on best 'value to the City :Verify contractor has !applicable Idaho Trade License, City Business License, Workers Comp, General Liability Insurance Provide selected vendor with 'scope of work or contract !(see page l5forcontract !authority) J !Create REQ inCaselleand attach 'written scope of 'work/contract and other :relevant documentation J REQ Reviewed/Approved J ,Accounts Payable 'Converts REQ to PO (Contractor provides services and invoices City J Dept submits invoice to Accounts Payable lnv approved for Pmt / 'Vendor Check Mailed >_ $50,000 but not to exceed $200,000 I.C. § 67-2805(1) i Dept Develops Bid Specs I Informal Bidding Initiated by Dept rDept Receives :Bids/Bids Uploaded to Laserfiche I L ;Bids Reviewed by appropriate Dept L > $200,000 (Category A)* I.C. § 67- 2805(2)(a) Dept & Engineer Develop Formal Bid Specs Department Initiates Formal Bidding Process City Clerk Receives & Opens Bids (Bids saved in Laserfiche) l Bids Reviewed by Appropriate Dept& Engineer Attorney reviews 'contract and Dept places on Council @agenda for award r 'City Clerk receives !bonds and insurance 'documents and other ;paperwork *This flow chart shows Category A bidding. For information regarding the Category13 process (set forth in I.C. § 67-2805(2)(b)), please consult with the City Attorney 41IPage FORMAL COMPETITIVE PROCUREMENT SPECIFICATION DEVELOPMENT >$100,000 for general goods and services >$200,000 for Public Works construction r r Department - • Originates, prepares technical specifications, provides vendor list, checks available funds Public Works and Building Maintenance - • Forward to Public Works and Building Official for review if project involves any public facility or infrastructure 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 421 Page Contract Approval and Execution $10,000 or less >$10,000 but not to exceed $50,000 >[ Department Director >$50,000 City Manager City Council approval and Mayor's signature 43 I . Change Order Process (for any contract or agreement) 1 Change order authority granted by City Council at the time of contract award. 44[Page EMERGENCY PROCESS 1.c. § 67-2808(1) Emergency situation exists Communicated to City Manager LDepending on severity and type, City Manager may: Declare emergency and instruct depts to move forward Call 24 hour meeting of Council to ratify emergency Call emergency meeting of Council (usually 24 hours) for declaration of emergency Sends notice of emergency to State Dept may purchase as needed (without competitive processes). However, vendors still need to have any state -required licenses, general liability, and workers comp. Request emergency declaration at regular City Council Meeting or Work Session Sends notice of emergency to State Modified competitive procurement may be appropriate (e.g. request bids but give shorter reply time, no advertisement in newspaper). Vendors still need to have state -required licenses, general liability, and workers comp. 45 I SOLE SOURCE § 67-2808(2)) >$50,000 Dept provides documentation to verify there truly is only one source Memo regarding sole Source to Treasurer &/or City Manager Department requests res. from City Clerk or City Attorney Treasurer able to validate sole source? Department places resolution on City Council agenda Requests additional i fo from Dept (oceed with purchase 461Page PIGGYBACK PROCESS (I.C. § 67-2803(1)) >_$50,000 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) 4, Submit to Treasurer and City Attorney along with memo explaining what is being purchased and total cost 4, City Attorney review for compliance with state code Attorney finds compliance with state code Department places on Council agenda for approval ept prepares requisition ontract, if any, requires Request more info Requires competitive procurement A 471x. 8 START an Asset Form for the disposal Include item on a Surplus Property Sheet Submit Surplus Property Sheet (and COMPLETED Asset Form, if applicable) to City Clerk and Copy Treasurer i Make arrangements with Purchasing to move item to storage building 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 SURPLUS Contact City Clerk to discuss disposal Take to Valley County Transfer Station If item was on Asset List, submit COMPLETED Asset Form to Treasurer 481 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. 49IPage 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 501Page (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. 51 'Page 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. 521 Page