[Ord. No. 601, 12-14-2021]
The purpose of this purchasing policy is to obtain the highest
quality goods and services for the Village at the lowest possible
price, to exercise financial control over the purchasing process,
to clearly define authority for the purchasing function, to allow
fair and equal opportunity among qualified suppliers, and to provide
for increased public confidence in the procedures followed in public
purchasing.
[Ord. No. 601, 12-14-2021]
A. Whenever possible, qualified small, minority and women-owned businesses
shall be included in the solicitation lists for bids or non-bid purchases.
B. If the purchase is federally funded in whole or in part, minority
and women-owned businesses must be included in the solicitation lists
and all other affirmative action requirements outlined in the grant
provisions must be followed.
C. The Village may exercise a preference for local businesses for purchases
funded exclusively by the Village but only if such a preference does
not result in unreasonable prices or rates due to a lack of competition.
For purchases funded in whole or in part with Federal funding, the
Village may not exercise a preference for local businesses.
[Ord. No. 601, 12-14-2021]
A. Employees, officers, and agents of the Village who are involved in
the procurement and selection of bids and purchases shall make reasonable
efforts to avoid real, apparent, or potential conflicts of interest.
B. No employee, officer, or agent of the Village shall participate in
the selection, award, or administration of a contract if a conflict
of interest, real or apparent, would be involved.
C. Such a conflict would arise when:
1.
An employee, officer, or agent of the Village participates in
the selection process and a vendor employs or is about to employ,
any member of his or her immediate family, his or her partner; or
2.
An employee, officer, or agent of the Village, or a member of
his or her immediate family, or his or her partner, stands to receive
anything of financial value if a vendor is selected.
D. No officer or employee of the Village shall transact any business
in his/her official capacity with any business entity of which he/she
is an officer, agent, or member or in which he/she owns a substantial
interest; nor shall be or she make, any personal investments in any
enterprise that will create a substantial conflict between his or
her private interest and the public interest; nor shall be, she, or
any firm or business entity of which he or she is an officer, agent
or member, or the owner of substantial interest, sell any goods or
services to the Village except where such sale is done by competitive
bidding and the officer or employee is the lowest bidder. For the
purpose of this Section, the term "investments" shall not include
any publicly traded stock or other investment vehicle regulated by
the Securities and Exchange Commission.
E. An employee, officer, or agent of the Village who is involved in
the procurement and selection of a bid or purchase and has a real
or apparent conflict of interest must disclose that conflict of interest
to the chairperson or acting chairperson before the bid selection
or purchase takes place. Such disclosure must be in writing and shall
be retained as part of the official record surrounding the bid or
purchase.
F. Officers, employees, and agents of the Village will not solicit nor
accept gratuities, favors, or anything of monetary value from contractors,
potential contractors, or parties to sub-agreements. For the purposes
of this Section, a gratuity shall include any amount of cash, or a
gift having a value of more than twenty-five dollars ($25.00). Non-cash
gifts made to an entire department or to the Village as a whole with
a value of less than one hundred dollars ($100.00) shall not be considered
a gratuity.
G. Officers, employees, and agents who fail to follow the above Code
of Conduct shall be sanctioned or disciplined, to the extent permitted
by law, for violations of the above standards.
H. Same; Penalties. Any person who violates the provisions of this Section
shall, upon conviction thereof, be punished as provided in the Government
Code.
[Ord. No. 601, 12-14-2021]
Records documenting the procurement process for any minor or
major purchases, as those terms are defined below, including the reason
for the specific procurement method chosen, the basis for the award
and contract pricing (showing evidence that the process was fair and
equitable), as well as any other significant decisions that were part
of the procurement process shall be maintained for a period of at
least three (3) years from the date of the submission to the Federal
Government of the final expenditure report if the purchase or project
was funded with Federal grants, or until the completion of any litigation,
claim, negotiation, audit, or other action involving the records,
whichever is longer. Otherwise, records shall be maintained by the
Village in accordance with the Village's retention and disposition
schedules.
[Ord. No. 601, 12-14-2021]
A. Purchasing Authority. The following employees are authorized to make
purchases as set forth below:
Position
|
Level of Authority
|
---|
Village Clerk or Chairperson
|
Minor
|
Village Board of Trustees
|
Major
|
B. Authorized Employees.
1.
Persons with purchasing authority are designated as authorized
employees for the Village and are responsible for ensuring that the
best possible price and quality are obtained with each purchase. Authorized
employees shall review all proposed procurements to avoid unnecessary
or duplicative purchases of equipment, supplies, and services. Authorized
employees shall also ensure that competition is not restricted with
limits on the geographic location of vendors, with unreasonable requirements
or qualifications placed on vendors, or by allowing vendors to be
selected who have engaged in non-competitive pricing practices. Authorized
employees shall follow all requirements of the code and the instructions
of the purchasing agent.
2.
Authorized employees may not split any purchase so as to bring
the total purchase within a different level of regulation.
[Ord. No. 601, 12-14-2021]
A. There are established two (2) levels of purchases that may be made
by authorized employees:
1.
Minor purchases [three thousand dollars ($3,000.00) or less].
2.
Major purchases [more than three thousand dollars ($3,000.00)].
B. Minor purchases require the authorized employee making the purchase
to compare prices from at least three (3) sources. Price comparisons
may be made by telephone solicitations, emailed solicitations, faxed
solicitations, or by comparison of advertised prices. The sources
compared and the price offered must be documented. Minor purchases
must be approved by the Village Chairperson.
C. Major purchases require competitive sealed bids. Major purchases
must be approved by the Board of Trustees prior to beginning the bidding
process. The Board of Trustees shall also ensure that competition
is not restricted with limits on the geographic location of vendors,
with unreasonable requirements or qualifications placed on vendors
or bidders, or by allowing vendors to be selected who have engaged
in non-competitive pricing practices.
[Ord. No. 601, 12-14-2021]
A. The requirements of this Chapter shall apply to all purchases using
Federal funds.
B. Informal Purchases.
1.
Small Purchases. For purchases below two hundred fifty thousand
dollars ($250,000.00) (or the simplified acquisition threshold as
defined by FAR at 48 CFR Part 2, Subpart 2.1, whichever is less) but
greater than ten thousand dollars ($10,000.00) [two thousand dollars
($2,000.00) in the case of construction projects subject to Davis
Bacon requirements] price or rate quotes must be obtained from two
(2) or more qualified sources following the affirmative action provision
of this policy and all provisions regarding fair and unrestricted
competition; provided, however, that if the Village purchasing limits
set forth above require a more rigorous process, the Village process
shall be followed.
2.
Micro Purchases. For purchases below ten thousand dollars ($10,000.00),
the purchasing employee shall follow the Village policy.
C. Large purchases with a value of two hundred fifty thousand dollars
($250,000.00) or more must follow a sealed bid process as outlined
herein.
D. Purchases at or exceeding two hundred fifty thousand dollars ($250,000.00)
or construction projects of any value that are funded with Federal
dollars must follow a sealed bid process as outlined below and also
follow any procurement guidance as outlined in the grant agreement.
In addition, a pricing analysis must be completed by the purchasing
agent or a qualified consultant prior to issuing the request for proposal
to ensure that there is a reasonable estimate against which to compare
bid proposal pricing.
E. For purchases that use Federal funding, no local or State purchasing
preference shall be applied.
F. Internal Controls.
1.
The Village will maintain effective internal control over the
Federal award providing reasonable assurance that the Village is managing
the Federal award in compliance with Federal Statutes, regulations,
and the terms and conditions of the Federal award.
2.
The Village will take prompt action when instances of non-compliance
are identified, including non-compliance identified in audit findings.
3.
The Village will take reasonable measures to safeguard protected
personally identifiable information and other information the Federal
awarding agency or pass-through entity designates as sensitive.
G. Certification.
1.
To assure that expenditures are proper and in accordance with
the terms and conditions of the Federal award and approved project
budgets, the annual and final fiscal reports or vouchers requesting
payment under the agreements must include a certification, signed
by an official who is authorized to legally bind the Village, which
reads as follows: "By signing this report, I certify to the best of
my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the
Federal award. I am aware that any false, fictitious, or fraudulent
information, or the omission of any material fact, may subject me
to criminal, civil or administrative penalties for fraud, false statements,
false claims or otherwise."
H. Advance Payments And Reimbursements.
1.
Payment methods must minimize the time elapsing between the
transfer of funds from the United States Treasury or the pass-through
entity and the disbursement by the Village whether the payment is
made by electronic funds transfer, or issuance or redemption of checks,
warrants, or payment by other means.
2.
Advanced payments must be limited to the minimum amounts needed
and be timed to be in accordance with the actual, immediate cash requirements
of the Village to carry out the purpose of the approved program or
project. Any advanced payments must be consolidated to cover anticipated
cash needs.
3.
The Village shall minimize the time elapsed between receipt
of Federal aid funds and subsequent payment of incurred costs.
[Ord. No. 601, 12-14-2021]
A. Competitive Bidding Required. All purchases of any contracts for
supplies and contractual services and all sales of personal property
which have become obsolete and unusable shall, except as specifically
provided herein, be based on wherever possible on competitive bids.
B. Formal Contract Procedure. All supplies and contractual services
except as otherwise provided in this Chapter, when the estimated cost
thereof shall exceed three thousand dollars ($3,000.00), shall be
purchased by formal, written contract from the lowest responsible
bidder, after due notice inviting proposals. All sales of personal
property which has become obsolete and unusable, when the estimated
value shall exceed three thousand dollars ($3,000.00), shall be sold
by formal written contract to the highest responsible bidder, after
due notice inviting proposals. This Section authorizes the Village
of Country Club Chairperson to approve emergency purchases in the
amount not to exceed three thousand dollars ($3,000.00).
C. Bid Specifications. A list of bid specifications shall be prepared
for each purchase using the sealed bid - process. Bid specifications
shall include at a minimum, the following:
3.
Date, location, and time of bid opening.
4.
Specifications for the project or services including quantity,
design, and performance features.
5.
Bond and/or insurance requirements.
6.
A copy of the proposed contract.
7.
Any special requirements unique to the project or purchase.
8.
Delivery or completion date.
9.
For construction projects, language that sets a requirement
for a bid guarantee or bid bond in the amount of five percent (5%)
of the bid price from all bidders, as well as performance and payment
bonds in the amount of one hundred percent (100%) of the contract
price from the contractor awarded the bid. If federally funded, the
bidders must also include costs for Davis Bacon compliance if that
is a requirement of the Federal agency providing the funding.
10.
If the project involves the construction or repair of Village
property and the amount is seventy-five thousand dollars ($75,000.00)
or more, the specifications shall indicate that prevailing wage requirements
must be met.
11.
If the purchase is for more than five thousand dollars ($5,000.00),
the specifications shall indicate that compliance with Section 285.530,
RSMo.
12.
The specifications shall require compliance with Section 208.009,
RSMo.
13.
For construction projects over two thousand dollars ($2,000.00)
using Federal funds, a statement that contractors will be provided
with a copy of the most current wage determination (from the DOL website
at http://www.wdol.gov/dba.aspx) and must comply with the Davis Bacon
Act.
14.
A statement that the Village reserves the right, at its sole
discretion, to reject any and all bids, wholly or in part, to waive
any informalities or any irregularities therein, to accept any bid
even though it may not be the lowest bid, to call for rebids, to negotiate
with any bidder, and to make an award which in its sole and absolute
judgment will best serve the Village's interest. The Village
reserves the right to investigate the financial condition of any bidder
to determine his or her ability to assure service throughout the term
of the contract.
D. Contracts shall be awarded to the lowest responsible bidder. Bids
shall not be accepted from, nor contracts awarded to, a contractor
who is in default on the payment of taxes, licenses or other monies
to the Village. In determining the "lowest responsible bidder" in
addition to the price, the following shall be considered:
1.
The ability, capacity and skill of the bidder to perform the
contract or to provide the service required;
2.
Contract provisions that are acceptable to the Village;
3.
Whether the bidder can perform the contract or provide the service
promptly or within the time specified without delay or interference;
4.
The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
5.
The quality of the performance of previous contracts or services;
6.
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
7.
Bidder's availability to provide future service, maintenance,
and support;
8.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
9.
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
10.
The ability of the bidder to provide future maintenance and
serve for the use of the subject of the contract;
11.
The number and scope of conditions attached to the bid; and
12.
Any other factors that the Board of Trustees determines are
relevant and appropriate in connection with a given project or service.
E. The sealed bid process shall be initiated by the issuance of a request
for bids prepared by the Board of Trustees or its designee. Notice
of the request for bids shall be made by letters to known providers
soliciting bid responses, advertisements posted in three (3) public
locations within the Village, and by publication with advertisements
placed in a newspaper of general circulation in the region.
F. Notice Defined. The notice required by the preceding Section shall
consist of the following:
1.
Notice inviting bids shall be published once in at least one
(1) official newspaper of the Village at least five (5) days preceding
the last day set for the receipt of proposals. The newspaper notice
required herein shall include a general description of the articles
to be purchased or sold, shall state where bid blanks and specifications
may be secured, and the time and place for opening bids.
2.
The purchasing agent also shall solicit sealed bids from all
responsible prospective suppliers who have requested their names be
added to a "bidders' list," which the purchasing agent shall
maintain, by sending them a copy of such newspaper notice or such
other notice as will acquaint them with the proposed purchase or sale.
In any case, invitations sent to the vendors on the bidders'
list shall be limited to commodities that are similar in character
and ordinarily handled by the trade group to which the invitations
are sent.
3.
The Village Clerk also shall advertise all pending purchases
or sales by a notice posted on the public bulletin board in the Village
Hall.
4.
The Village Clerk shall also solicit sealed bids by direct mail
request to prospective vendors and by telephone.
G. Once a request for bids has been issued, the bid specifications will
be available for inspection at the Village Hall.
H. Bid Submission.
1.
All bids must be submitted in sealed envelopes, addressed to
the Village in care of the Village Clerk, and plainly marked with
the name of the bid and the time of the bid opening. Bid proposals
will be date stamped on the outside of the envelope immediately upon
receipt. Any bid may be withdrawn, in writing, prior to the scheduled
time for the opening of bids. Any bids received after the time and
date specified shall not be considered and shall be returned to the
bidder unopened.
2.
Bidders shall bid to the specifications and any exceptions must
be noted by the bidder. A bidder submitting a bid thereby certifies
that the bid is made in good faith without fraud, collusion, or connection
of any kind with any other bidder for the same work and that the bidder
is competing solely on his/her behalf without connection with or obligation
to any undisclosed person or firm.
I. Tie Bids.
1.
If all bids received or the lowest bids received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded to the lowest bidder.
2.
Where there is no low bidder, the award shall be made on the
basis of the drawing of lots to be held in public.
J. Bid Opening.
1.
Every bid received prior to the bid submission deadline will
be publicly opened and read aloud by the Village Clerk or his/her
designee. The bid opening will include the name and address of bidder;
for lump-sum contracts, the lump sum base bid and the bid for each
alternate; for unit price contracts, the unit price for each item
and the total, if stated; and the nature and the amount of security
furnished with the bid if required.
2.
When possible, the bid opening shall be held prior to the selection
of the successful bidder. The Village Clerk shall tabulate the bids
for presentation to the Board of Trustees.
K. Change Orders. If specification changes are made prior to the close
of the bid process, the request for bids will be amended and notice
shall be sent to any bidder who already submitted a bid and a new
bid process will be initiated. Once a bid has been accepted, if changes
to the specifications become necessary, the Board of Trustees will
prepare a change order specifying the scope of the change. Once approved,
the contractor and an authorized agent of the Village must sign the
change order.
L. Justification Of Award. When the award is not given to the lowest
bidder, a full and complete statement of the reasons for placing the
order elsewhere shall be entered into the journal of the Board.
M. Exceptions. The following exceptions may apply when competitive bidding
would otherwise be required, however, there must be written documentation
created and maintained that outlines the process and rationale for
such exceptions:
1.
Competitive Proposals. If time does not permit the use of sealed
bids, or the award will be made on the basis of non-price related
factors, a competitive proposal process shall be initiated by the
issuance of a request for proposals (RFP) or request for qualifications
(RFQ) prepared by the Board of Trustees or its designee that includes
the factors that will be used to evaluate and compare the proposals.
Bids or qualifications shall be obtained from an adequate number of
qualified sources [at least two (2) vendors] to ensure that the Village
has received a fair and reasonable price and all notification and
record-keeping requirements of the sealed bid process shall be followed.
2.
For the procurement of architectural, engineering, or land surveying
services, the Village will use the request for qualifications process
as set forth in Sections 8.285 to 8.291, RSMo.
3.
Sole Source Purchases. If the Board of Trustees determines that
there is only one (1) possible source for a proposed purchase, it
may waive the bid process and authorize the purchase from the sole
source.
4.
Recurring Purchases. If the total value of a recurring purchase
of a good or service is anticipated to exceed three thousand dollars
($3,000.00) during any fiscal year, the bid process shall be utilized
and shall specify the recurring nature of the purchase. Once a bid
has been accepted, all future purchases shall be made from that bidder
without the necessity of additional bids, until such time as the Board
of Trustees votes to initiate a new bid process.
5.
Emergency Purchases. The Board of Trustees, or such other persons
who have been given such authority by the Board of Trustees, may award
contracts and make purchases for the purpose of meeting the public
emergency without complying with the bid process. A full explanation
of the circumstances of the emergency purchase shall be recorded in
the journal of the Board of Trustees.
6.
Cooperative Purchases. The purchasing agent is authorized to
participate in cooperative purchasing programs with the United States
or any agency of the United States; with the State of Missouri or
any agency, municipality, or political subdivision of the State of
Missouri; with other states or any agency, municipality or political
subdivision of any other State; or with any association of municipalities
or political subdivisions; provided, that the cooperative purchasing
program follows a competitive bidding process.
7.
Professional Services. The bid process shall not apply to the
selection of providers for services that are characterized by a high
degree of professional judgment and discretion, including legal, financial,
and auditing.
8.
Federally funded non-competitive purchases for two hundred and
five dollars ($250,000.00) or more require a cost analysis to determine
the reasonableness of the proposed pricing and should be completed
in accordance with the requirements of the Federal or State agency
issuing the grant funding.
[Ord. No. 601, 12-14-2021]
A. The purchasing agent for the Village of Country Club is the Village
Clerk. The Village Clerk will work with staff and the Board of Trustees
to procure for the Village the bids for all supplies and contractual
services needed by the Village in accordance with the procedures prescribed
by this Chapter or required by law.
B. Duties Generally. In addition to the purchasing authority conferred
in the preceding Section, and in addition to any other powers and
duties conferred by this or other Chapters the purchasing agent shall:
1.
Act to procure for the Village the highest quality in supplies
and contractual services at the least expense to the Village;
2.
Prepare and adopt written specifications for all supplies and
services;
3.
Discourage uniform bidding and endeavor to obtain a full and
open competition as possible on all purchases and sales;
4.
Keep informed of current developments in the field of purchasing,
prices, market conditions, and new products, and secure for the Village
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations,
and by private businesses and organizations;
5.
Prescribe and maintain such forms necessary for the operation
of the purchasing function;
6.
Prepare, adopt and maintain a vendors' catalog file. The
said catalog shall be filed according to materials and shall contain
descriptions of vendors' commodities, prices, and discounts;
7.
Explore the possibilities of buying "in bulk" so as to take
full advantage of discounts;
8.
Act to procure for the Village all Federal and State tax exemptions
to which it is entitled;
9.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the municipality for a stated period of time;
10.
Inspect or supervise the inspection of all deliveries with regard
to quantity, quality, and conformance to specifications; and
11.
Pursue all appropriate claims against the supplier, shipper
or carrier.
[Ord. No. 601, 12-14-2021]
A. Use Of P-Cards. The purpose of the Village credit card program (P-Card)
is to establish a more efficient and cost-effective method of purchasing
Village supplies and equipment. The program will help to expedite
purchases as well as reduce the number of purchase orders, invoices,
and checks. This program compliments the existing procurement processes
and procedures. For the P-Card to have its most beneficial effect
on how the Village conducts its purchasing and payment processes,
the purchasing authority is designated to be "up front." Essentially,
the cardholder is delegated the authority to purchase certain supplies
and equipment within specified dollar amounts for business related
purposes for the Village. The purchasing agent shall formulate a Village-Issued
Credit Cards Policy which outlines the administrative procedures and
requirement for the application, use, and reporting of P-Card transactions,
and shall be strictly followed by all cardholders.
B. Allowable Transaction Types. The following types of purchase can
be purchased with the P-Card:
1.
Membership dues and subscriptions.
2.
Registration for conferences and training.
3.
Reservation for approved travel/lodging.
4.
Supplies, materials, and small equipment (subject to per transaction
limit).
C. Single Transaction Limit. Single transaction limit for all P-Cards
is currently set at five hundred dollars ($500.00). Transaction exceeding
that amount may be approved by the Board of Trustees on a case-by-case
basis. Pre-approval is mandatory. The established single transaction
limit should never be circumvented by splitting charges into multiple
transactions, or multiple cards.
D. Prohibited Purchases. The following types of purchase are prohibited
to be purchased with the P-Card:
1.
Services are not to be acquired on a credit card due to the
lack of insurance and indemnification language associated with these
purchases.
2.
Any purchases or transactions requiring a separate agreement
to be signed.
4.
Personal expenses, including, but not limited to, automobile,
food, gifts, and entertainment expenses.