HomeMy Public PortalAboutResolution 2021-29, A Resolution to Approve an Updated Purchasing Policy for the City of Riverdale, IowaResolution 2021-29
A RESOLUTION TO APPROVE AN UPDATED PURCHASING POLICY FOR THE CITY OF
RIVERDALE, IOWA
WHEREAS, the City of Riverdale, Iowa is a Municipal Corporation, organized and
operating under the laws of the State of Iowa:
WHEREAS, the City Council has the right and obligation to adopt and revise policies and
procedures; and;
WHEREAS, the City Council previously adopted a RESOLUTION 2016-1 which created a
Procurement Policy for purchases over $10,000;
WHEREAS, the City Council has determined that a more comprehensive and well
development purchasing policy will be needed to secure and foster state and federal
grants;
WHEREAS, the City will use the attached Purchasing Policy effective upon passage
NOW THERE FOR IT BE RESOLVED, by the City of the City of Riverdale, Iowa that the
attached Purchasing Policy is adopted;
Passed and approved this 22th day of June 2021.
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Attest:
Bawd
d - - , Mayor
City of Riverdale, Iowa
110 Manor Drive, Riverdale, Iowa 52722 1 (563) 355-2511 1 www.riverdaleiowa.com
City of Riverdale
Procurement Policy
PURPOSE
The purpose of a procurement policy is to ensure that sound judgement is utilized in all
procurement transactions. That supplies, equipment, construction and services are obtained
efficiently and economically, and in compliance with applicable federal and state law, and
executive orders, and to ensure that all procurement transactions are conducted in a manner
that provides full and open competition. These procedures will ensure that all solicitations
incorporate clear and accurate descriptions of the technical requirements for the goods or
services being procured. Chapter 26 and Section 331.341 of the Iowa Code will be followed
on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply.
APPLICATION
This policy applies to the procurement of all supplies, equipment, and construction and
services of and for City of Riverdale that include any federal program funding. In regards to
any such federal programs, all procurement will be done in accordance with Title 2 Code of
Federal Regulations (CFR) Grants and Agreements; Part 200. 2 CFR references are noted. All
other appropriate sections of Iowa Code and Local Code shall also apply. When federal
requirements conflict with local or state requirements, the federal requirement, or most
restrictive requirement will be followed.
POLICY
METHODS OF PROCUREMENT
Procurement under grants shall be made by one of the following methods: (a) micro -purchase
procedures; (b) small purchase procedures; (c) sealed bids (formal advertising); (d)
competitive proposals; (e) noncompetitive proposals.
A. Micro -Purchase Procedures 200.320(a)
i. The acquisition of supplies or services, the aggregate dollar amount of which does
not exceed the micro -purchase threshold - $10,000 (200.67)
ii. To the extent practicable, must distribute micro -purchases equitably among qualified
suppliers
iii. May be awarded without soliciting competitive quotations if the non -Federal entity
considers the price to be reasonable
B. Small Purchase Procedures 200.320(b)
i. Are those relatively simple and informal procurement methods for securing services,
supplies, or other property that does not cost more than the simplified acquisition
threshold - $250,000 (200.88)
ii. Price or rate quotations are to be obtained from an "adequate number" of qualified
sources
C. Sealed Bidding (formal advertising) 200.320(c)
i. Lowest priced, responsive, responsible, bidder WINS
ii. The preferred method for construction when sealed bidding is "feasible", which is
when certain conditions are present
iii. Bids must be solicited from an "adequate number of known suppliers", providing
them sufficient response time before date for the opening of bids
iv. Bids will be opened at the time and place prescribed in the invitation for bids
v. Must publicly advertise the invitation for bids
vi. Bids must be opened publicly
vii. Other procedural requirements found at 200.320(c)(2)
D. Competitive Proposals 200.320(d)
i. Used when conditions are not appropriate for the use of sealed bids
ii. The appropriate method when more than one source is expected to submit an offer
and either a fixed -price or cost -reimbursement type contract is awarded
iii. Awards will be made to the responsible firm whose proposal is most advantageous
to the program, with price and other factors considered
iv. Requests for proposals must be publicized and identify all evaluation factors and
their relative importance
v. Proposals must be solicited from an adequate number of qualified sources
vi. Must have written method for conducting technical evaluations of the proposals
received and for selection of the contract
E. Noncompetitive Proposals 200.320(f)
i. Procurement through solicitation of a proposal from only one source and may be
used only when one or more of the following circumstances apply:
a. One Source: the item is available only from a single source
b. Exigency/Emergency: an exigency or emergency will not permit a delay
resulting from competitive solicitation
c. Awarding Agency Approval: the Federal awarding agency or pass -through
entity expressly authorizes noncompetitive proposals in response to a written
request from the non -Federal entity
d. Inadequate Competition: after the solicitation of a number of sources,
competition is determined inadequate
CONTRACT PRICING (200.323)
A. The cost plus a percentage of cost and percentage of construction cost method of contracting
shall not be used.
B. City of Riverdale shall perform some form of cost/price analysis for every procurement action,
including contract modifications, amendments, or change orders. City of Riverdale shall make
an independent estimate prior to receiving a bid or proposal.
C. City of Riverdale shall negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. In
determining a fair and reasonable profit, City of Riverdale must consider the complexity of the
work to be performed, the risk borne by the contractor, the contractor's investment, the amount
of subcontracting, the quality of its record of past performance and the industry profit rates in the
surrounding geographical area.
PROCUREMENT RECORDS
City of Riverdale shall maintain records sufficient to detail the significant history of a procurement,
including the rationale for the method of procurement, selection of contract type, contractor selection or
rejection, and the basis for the contract price.
(200.324)
(a) City of Riverdale must make available, upon request of the Federal awarding agency or pass -
through entity, technical specifications on proposed procurements where the Federal awarding agency
or pass -through entity believes such review is needed to ensure that the item or service specified is the
one being proposed for acquisition.
(b) City of Riverdale must make available upon request, for the Federal awarding agency or pass -
through entity preprocurement review, procurement documents, such as requests for proposals or
invitations for bids, or independent cost estimates, when:
(1) City of Riverdale's procurement procedures or operation fails to comply with the procurement
standards in this Part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded
without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a
"brand name" product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to
other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount
by more than the Simplified Acquisition Threshold.
(c) City of Riverdale is exempt from the pre -procurement review in paragraph (b) of this section if the
Federal awarding agency or pass -through entity determines that its procurement systems comply with
the standards of this Part.
(1) City of Riverdale may request that its procurement system be reviewed by the Federal awarding
agency or pass -through entity to determine whether its system meets these standards in order for its
system to be certified. Generally, these reviews must occur where there is continuous high -dollar
funding, and third party contracts are awarded on a regular basis;
(2) City of Riverdale may self -certify its procurement system. Such self -certification must not limit the
Federal awarding agency's right to survey the system. Under a self -certification procedure, the Federal
awarding agency may rely on written assurances from City of Riverdale that it is complying with these
standards. City of Riverdale must cite specific policies, procedures, regulations, or standards as being
in compliance with these requirements and have its system available for review.
AWARDED CONTRACTS
A. City of Riverdale will not award a contract to a party listed as debarred, suspended, or
otherwise excluded in the System for Award Management (SAM). www.sam.gov
(200.213)
B. Contracts awarded shall contain the applicable contract provisions described in 2 CFR
200.326 and Appendix 11 to Part 200.
C. City of Riverdale will maintain written standards of conduct covering conflicts of interest
and must provide for disciplinary action to be applied for violations of such standards as
defined in 2 CFR 200.318 (c) (1). No officer, employee, or agent of the City of Riverdale
shall participate in the selection, award, or administration of a contract supported by
federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when:
The employee, officer, or agent: Any member of his/her immediate family;
His/her partner; or An organization which employs, or is about to employ any of the
above; has a financial or other interest in the firm selected for award.
City of Riverdale officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or
subcontractors. To the extent permitted by federal, state, or local law or regulations,
violation of these standards may cause penalties, sanctions, or other disciplinary
actions to be taken against City of Riverdale's officers, employees, or agents
Passed and adopted this day of , 2021
Mayor Micheal Bawden
Attest: n
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Deputy Clerk, Katie J. Enloe