[Ord. No. 16-030 §2, 5-9-2016]
A.
The competitive purchasing and Invitation for Formal Bid (IFB) procedure shall be used for purchases with clearly defined specifications or a scope of work, such as purchases of goods, janitorial services, vehicle/equipment maintenance services, construction services, and other non-professional services, etc. The procedure set forth in Section 135.320 below shall be used for procurement of professional services.
B.
Competitive bids will be solicited in connection with all purchases
whenever required by this Section and/or other applicable law and
in other instances where price comparison may be advantageous. Bids
will be awarded to the lowest and best responsible bidder complying
with specifications and with other stipulated bidding conditions.
C.
Purchases Of Less Than Two Thousand Five Hundred Dollars
($2,500.00).
1.
A purchase of less than two thousand five hundred dollars ($2,500.00)
shall not require a formal bidding process; however, the department
director/elected official must exercise due diligence to ensure the
best possible price commensurate with the relative value of the product
or service to be acquired.
2.
The requisitioning department shall document such due diligence
in a manner as provided by the Director of Finance. For purchases
over one thousand five hundred dollars ($1,500.00) and less than two
thousand five hundred dollars ($2,500.00), such due diligence shall
be documented on a form provided by the Director of Finance to be
attached to the requisition and shall include information such as
vendor names, oral quotations received and the total quotation including
any shipping/delivery and handling charges. All purchases made pursuant
to this Subsection must still be documented through a purchase order
or contract as set forth herein.
D.
Purchases Of Two Thousand Five Hundred Dollars ($2,500.00)
Or More And Less Than Fifteen Thousand Dollars ($15,000.00) —
Informal Written Quotations.
1.
A purchase of two thousand five hundred dollars ($2,500.00)
to less than fifteen thousand dollars ($15,000.00) shall require the
department director/elected official or designee to solicit an informal
written quotation from at least three (3) vendors to be submitted
to the Purchasing Manager prior to issuance of the purchase order.
2.
Informal written quotations shall include detailed specifications,
vendor name, address, telephone number, representative name, description
of item(s) quoted if different than the item(s) specified (including
rationale for accepting deviations), and total quotation including
any shipping/delivery and handling charges. A "no bid" or "no response"
will qualify as a valid quotation, provided that:
E.
Purchases Of Fifteen Thousand Dollars ($15,000.00) Or More
— Invitation For Formal Bid (IFB).
1.
A purchase of fifteen thousand dollars ($15,000.00) or more
shall require advertisement for sealed bids in an Invitation for Formal
Bid (IFB) as set forth in this Section. Timetables for advertising,
opening, and awarding of bids in this category shall be the responsibility
of the Department of Finance.
2.
For purchases in this category, the Director of Finance or designee
shall:
a.
Advertise the IFB in a newspaper of general circulation in the
County and may also advertise in such places as are most likely to
reach prospective bidders. An IFB shall be posted on the County website
at least five (5) days before bids for such purchases are to be opened.
Alternatively, other methods of advertisement may be adopted by the
Director of Finance when such other methods are deemed more advantageous
for the supplies to be purchased.
b.
Accept bids submitted by prospective bidders by mail, commercial
mail service, or hand delivery by the date and time set for the opening
of bids.
3.
Awarding of bids in this category shall be based on the following
pre-established criteria:
a.
Cost.
b.
Professional qualifications/certifications (if applicable).
c.
Bonding (if applicable).
d.
Compatibility with existing conditions (if applicable).
e.
Enhancements, warranties, and maintenance or other service offerings
included at a reasonable or no additional charge (if applicable).
f.
Specific requirements, capabilities, and abilities included
in the bid specifications.
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These pre-established criteria, including the specific requirements
approved for an individual bid, shall be assigned relative weight
at the time of the issuance of the IFB.
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4.
The Director of Finance shall have the right to reject any or
all bids and advertise for new bids, or purchase the required products
and/or services on the open market if they can be so purchased at
a better price. When bids received pursuant to this Section are unreasonable
or unacceptable as to terms and conditions, noncompetitive, or the
low bid exceeds available funds, and it is determined in writing by
the Director of Finance that time or other circumstances will not
permit the delay required to reissue an IFB, a contract may be negotiated
pursuant to this Section, provided that each responsible bidder who
submitted a bid under the original IFB is notified of the determination
and is given a reasonable opportunity to modify its bid and submit
a best and final bid to the County. In cases where the bids received
are non-competitive or the low bid exceeds available funds, the negotiated
price shall be lower than the lowest rejected bid of any responsible
bidder under the original IFB.
F.
Any deviation from the requirements of this Section must be justified
in writing and submitted to the Director of Finance for approval.
[Ord. No. 16-030 §2, 5-9-2016]
A.
Architectural, Engineering And Land Surveying Services —
Request For Qualifications (RFQ). It is the policy of the
County to negotiate contracts for architectural, engineering, and
land surveying services on the basis of demonstrated competence and
qualifications for the type of services required and at fair and reasonable
prices. For purchases of these services, the following procedure shall
be followed.
1.
Request for qualifications. The Director of
Finance or designee shall release a Request for Qualifications (RFQ)
in whatever manner is deemed most likely to obtain the greatest number
of responses from qualified firms.
2.
Prequalification and prequalified roster. Each firm that desires to perform the required services shall submit a prequalification packet to the Purchasing Manager that identifies the discipline(s) for which prequalification is requested, demonstrates its areas of professional expertise, and includes all of the information listed in Subsection (A)(3) below. The Department of Finance shall solicit updated prequalification packets at least once every two (2) years and shall accept updates from prequalified firms, firms requesting consideration for prequalification in additional disciplines, or prequalification packets from new firms at any time.
3.
Each firm shall submit the following documentation with its
prequalification packet:
a.
Proof the firm is duly authorized to conduct business in the
State of Missouri in the applicable discipline(s);
b.
Proof that at least one (1) member of the firm possesses professional
registration issued by the State of Missouri in the applicable discipline(s);
c.
Provide a statement of intent to assign at least one (1) staff
professional to each project awarded; and
d.
Supporting qualification information demonstrating expertise
in each discipline of desired prequalification through:
(1)
The specialized experience and technical competence
of the firm and its employees with respect to the discipline(s);
(2)
A description of the work previously performed
by the firm for the County;
(3)
Record of the firm's timely accomplishment
of work in the area of expertise for which it seeks prequalification;
(4)
Recent experience showing accuracy of construction
project cost estimates;
(5)
A description of the firm's approach to project
management to assure on-time, on-budget, and properly-scoped projects;
(6)
A description of the firm's approach to quality
assurance and quality control of projects;
(7)
A description of the firm's community relations
approach, including evidence of sensitivity to citizen concerns; and
(8)
Headquarters and main office location of the firm.
4.
Firms that prequalify shall be placed on a prequalified roster
maintained by the Department of Finance.
5.
Purchases less than fifteen thousand dollars ($15,000.00). If the cost of services is less than fifteen thousand dollars ($15,000.00),
then the Director of Finance or designee may negotiate with a pre-qualified
firm to establish a contract that is fair and reasonable.
6.
Purchases of fifteen thousand dollars ($15,000.00) or
more.
a.
For purchases in this category, the Purchasing Manager and/or
department director/elected official of the requesting department
shall select at least three (3) highly qualified firms from the prequalified
roster and provide those firms a project scope of work and solicit
from them a response. Each firm's response shall include a technical
project approach, a work breakdown structure with estimated hours,
and a firm workload report that demonstrates capability and capacity
to perform the requested services. After receiving the responses,
the Purchasing Manager and/or department director/elected official
of the requesting department requiring the service shall review and
rank the proposals.
b.
If there are not at least three (3) highly qualified firms on the prequalified roster, or should the Director of Finance believe it to be in the interest of the County to seek additional qualified firms for a particular project, the Director of Finance may issue a combined RFQ and scope of work in accordance with Subsection 135.320(A)(1).
c.
Negotiations.
(1)
The Purchasing Manager, department director/elected
official of the requesting department requiring the service, and the
highest ranked firm shall negotiate a professional services contract
that includes a detailed scope of work to be provided and the compensation
for those services.
(2)
If, after reasonable efforts, the County determines
that it is unable to negotiate a satisfactory contract with the highest
ranked firm, then negotiations with that firm shall be terminated.
The County shall then undertake negotiations with the second highest
ranked firm. If, after reasonable efforts, the County determines that
it is unable to negotiate a satisfactory contract with the second
firm, then negotiations with such firm shall be terminated. The County
shall then undertake negotiations with the third highest ranked firm.
(3)
If the County is unable to negotiate a satisfactory
contract with any of the top three (3) selected firms, the County
shall re-evaluate the necessary architectural, engineering or land
surveying services, including the scope of work and reasonable fee
requirements, and then proceed with solicitation of responses from
vendors again in accordance with this Section.
B.
Other Professional Services — Requests For Proposal
(RFP). The following procedure shall be utilized for other professional services (excluding architectural, engineering and land surveying services set forth in Section 135.320(A)) when: the scope of work cannot be completely defined by the County; the required goods and services can be provided in several different ways; the exercise of discretion and independent judgment in the performance or design and an advanced, specialized type of knowledge, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience in the field is necessary; where the qualifications, experience, or quality of the goods and services to be delivered are significant factors for consideration, in addition to price; or the responses may contain varying levels of service or alternatives which lend themselves to negotiation.
1.
Request for Proposals. The Director of Finance
or designee shall release a Request for Proposal (RFP) in whatever
manner is deemed most likely to obtain the greatest number of responses
from qualified providers of the required services.
2.
Purchases less than fifteen thousand dollars ($15,000.00). If the cost of services is less than fifteen thousand dollars ($15,000.00),
the Director of Finance or designee may negotiate with a qualified
provider to establish a contract that is fair and reasonable.
3.
Purchases of fifteen thousand dollars ($15,000.00) or
more. If the cost of services is fifteen thousand dollars
($15,000.00) or more, then the Director of Finance or designee shall:
a.
Advertise an RFP in a newspaper of general circulation in the
County and may also advertise in such places as are most likely to
reach prospective vendors and may provide such information through
an electronic medium available to the general public at least five
(5) days before proposals for such purchases are to be opened. Alternatively,
other methods of advertisement may be adopted by the Director of Finance
when such other methods are deemed more advantageous for the services
to be purchased.
b.
Accept proposals submitted by prospective vendors by mail, commercial
mail service or hand delivery by the date and time set for the opening
of proposals.
c.
Review of proposals. After receiving all responses
to the RFP, the Purchasing Manager and/or the department director/elected
official of the requesting department requiring the service shall
review each response and rank them based upon the relative importance
of the criteria for the project as stated in the RFP. Selection of
vendors in this category shall be based on the following pre-established
criteria:
(1)
Qualifications of the firm.
(2)
Bonding (if applicable).
(3)
Compatibility with existing conditions (if applicable).
(4)
Enhancements, warranties, and maintenance or other
service offerings included at a reasonable or no additional charge
(if applicable).
(5)
Specific requirements, capabilities, and abilities
included in the bid specifications.
(6)
Schedule (if applicable).
(7)
Pricing structure.
d.
Negotiations.
(1)
The Purchasing Manager and/or department director/elected
official of the requesting department requiring the service, and the
highest ranked vendor shall engage in discussions so as to determine
the sufficiency of the vendor's qualifications and to establish
an amount of compensation which is fair and reasonable and, if successful,
shall negotiate a contract that includes a detailed scope of work
to be provided and the compensation for those services.
(2)
If, after reasonable efforts, the County determines
that it is unable to negotiate a satisfactory contract with the highest
ranked vendor, then negotiations with that vendor shall be terminated.
The County shall then undertake negotiations with the second highest
ranked vendor. If, after reasonable efforts, the County determines
that it is unable to negotiate a satisfactory contract with the second
vendor, then negotiations with such firm shall be terminated, and
the County shall then undertake negotiations with the third highest
ranked firm, and so on, until an agreement is reached with the then
best qualified vendor for a compensation determined to be fair and
reasonable.
(3)
If the County is unable to negotiate a satisfactory
contract with any of the vendors, the County shall re-evaluate the
necessary services, including the scope of work and reasonable fee
requirements, and may then release a revised RFP in accordance with
this Section.
C.
Attorneys, court reporters, litigation consultants, and experts engaged
by the County Counselor's office for work for that office on
behalf of the County, as well as closing and title insurance expenses
ordered through the County Counselor's Office, shall be exempt
from the competitive purchasing requirements and procedures set forth
in this Article.
D.
Notwithstanding any provision in Section 135.310 and Section 135.320 to the contrary, the Department of Information Systems shall have the authority to procure products and services related to information technology when the estimated expenditure of such purchase does not exceed seventy-five thousand dollars ($75,000.00), the length of any contract or agreement does not exceed twelve (12) months, and the department complies with the informal methods of procurement established in Section 135.310(D) or Section 135.320(B)(2) for expenditures of less than fifteen thousand dollars ($15,000.00). For the purposes of this Section, "information technology" shall mean computers; storage; networking and other physical devices infrastructure; and processes and the use thereof to create, process, store, secure, and exchange all forms of electronic data.
E.
The County shall have the right to negotiate amendments to a project scope and/or to negotiate new contracts with a firm selected pursuant to Sections 135.320(A)(6) or 135.320(B)(3) for additional projects requiring the particular expertise for a period not to exceed three (3) years. After three (3) years, the full procurement procedure shall be used again for selection of professional services.
F.
If, after project completion by a firm already selected by the County
pursuant to 135.320(A)(6) or 135.320(B)(3), the County requires professional
services on an ongoing consultant basis on that same project, the
County may retain the services of that firm on a consultant basis
for a period of three (3) years from the date of the execution of
the original contract. After that period of time, the County shall
use this procedure again to select ongoing consultant services.
G.
Any deviation from the requirements of this Section must be justified
in writing and submitted to the Director of Finance for approval.
[Ord. No. 16-030 §2, 5-9-2016]
A.
In determining which of these procurement requirements set forth in Sections 135.310 and 135.320 apply, the Department of Finance shall estimate into which category a particular purchase will fall. In cases where quotations and bids indicate that the purchase will fall into a higher dollar threshold category than estimated, the competitive purchasing requirements for the higher threshold category shall apply. For example, if informal written quotations are solicited but the quotations received in response exceed fifteen thousand dollars ($15,000.00), then the process for the higher dollar value category shall apply to the purchase.
B.
In making a recommendation for the awarding of the bid or selection
of a firm, the requisitioning official shall address the preestablished
criteria and summarize the evaluation process.
C.
Records of all purchases shall be readily available and maintained
by the Department of Finance. Departments are responsible for maintaining
records produced in the course of selecting a product or vendor in
accordance with the County's Records Management Policy.
D.
Any and all information contained in a bid or proposal or otherwise
submitted by a vendor pursuant to this Article becomes a public record
subject to the Missouri Open Meetings Act, Chapter 610, RSMo. If the
vendor believes that any such information is protected from disclosure,
the vendor must clearly identify what information the vendor believes
is so protected and must also clearly identify the legal basis therefor.
[Ord. No. 16-030 §2, 5-9-2016]
The term "sole source" refers to any purchase from one (1) source
only, allowing no substitutes, where the item or service being purchased
is sufficiently unique or existing County equipment or technical requirements
preclude the use of another similar item or service from a different
manufacturer, brand, or provider. Sole source purchases must be justified
setting forth the specific and valid reason(s) that will prevent any
other vendor's item or service from satisfying a valid requirement.
This justification must be submitted with the requisition and approved
by the Director of Finance prior to placement of the order. Reference
to the original justification must be submitted with each new requisition.
However, justification and approval as specified above shall be required
annually.
[Ord. No. 16-030 §2, 5-9-2016]
A.
The County may purchase goods and services pursuant to a cooperative procurement agreement provided that the procuring entity's procurement process meets the County's competitive purchasing requirements set forth herein. All State of Missouri cooperative procurement agreements qualify for this competitive purchasing documentation exemption; any other cooperative procurement agreement must be approved in writing by the Director of Finance prior to any purchase being made through the agreement. The approval authority required in Section 135.360 shall apply to purchases made pursuant to cooperative procurement agreements authorized by this Section.
B.
The Director of Finance shall periodically check goods and services
available through approved cooperative procurement agreements against
the market and other cooperative agreements and direct departments
to utilize another competitive purchasing mechanism when a lower price
or better good or service appears to be available.
[Ord. No. 16-030 §2, 5-9-2016]
A.
During any current budget year, no department director/ elected official
shall expend or contract to expend any money or incur any liability,
or enter into any contract which by its terms involves the expenditures
of money, for any purpose, in excess of the amounts appropriated for
that budget year. Any portion of an agreement is voidable by the County
to the extent that it obligates the County to expend or contract to
expend any money or incur any liability, or enter into any contract
which by its terms involves the expenditures of money, for any purpose,
in a future budget year without stating that such obligation is subject
to future budgetary appropriation.
C.
Purchases and bids of less than fifteen thousand dollars ($15,000.00)
require approval by the department director/elected official and Director
of Finance or designee.
D.
Purchases and/or bids of at least fifteen thousand dollars ($15,000.00)
but less than fifty thousand dollars ($50,000.00) require approval
by the department director/elected official and the Director of Administration
or designee.
E.
Purchases and/or bids of fifty thousand dollars ($50,000.00) or more
require approval by the department director/elected official and also
the County Council on the consent agenda.
[Ord. No. 16-030 §2, 5-9-2016]
A.
Emergency purchases shall be approved only in cases of compelling
urgency and gravity.
B.
Emergency purchases of up to and including fifty thousand dollars
($50,000.00) made without following the competitive purchasing requirements
outlined herein must receive the prior written approval of the Director
of Finance who shall consult with the County Executive. Emergency
purchases of more than fifty thousand dollars ($50,000.00) made without
following the competitive purchasing requirements outlined herein
must receive the prior written approval of the Director of Finance
who shall consult with the County Executive and the County Council
Chairperson.
C.
To qualify as an emergency, conditions must exist that create an
immediate and serious need for equipment, supplies or services that
cannot be satisfied through normal procedures. A situation shall not
warrant an emergency purchase unless:
[Ord. No. 16-030 §2, 5-9-2016]
A.
It is the policy of St. Charles County to consider the residual benefits
to the St. Charles County economy where the purchase or a component
of the purchase has a local source. The County may give preference
to all commodities manufactured, mined, produced, or grown within
St. Charles County, and to products and services provided by, firms,
corporations, or individuals doing business in St. Charles County.
"Preference" shall be permitted where products and/or services are
of equal or better quality and the difference in the price is negligible.
B.
Notwithstanding the provisions of Subsection (A) above, the County solicits and will consider quotations/bids/proposals from all interested and qualified vendors. Preference for a local source must be provided to and approved by the Director of Finance.
C.
Products manufactured in the United States may be given preference
if price, quality and other considerations are equal.
[Ord. No. 16-030 §2, 5-9-2016]
The Director of Finance may shift in whole or in part, a purchase
by a department director/elected official to another vendor who will
provide better prices, service, and/or delivery up and until the execution
of a purchase order or contract. The standard of quality shall not
be changed, however, except when necessary and after consultation
between the purchasing staff and the requisitioning department.
