[Adopted 4-13-2004 (P-53C);
amended 3-8-2005; 10-25-2005]
This Policy provides guidelines to all County departments and
row offices for the purchase of goods, material, equipment, and services
included in the approved fiscal year budget and for multi-year purchases
to be approved by the Levy Court.
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
EMERGENCY
Includes those limited circumstances where the health, safety
and welfare of employees or the public will be adversely impacted
unless immediate action is taken expend funds to correct or repair
a problem.
FIXED ASSET
A single item, building, or combination of items or structures
to form one County-owned property or thing. For instance, a park is
an asset made up of ball fields, trails, and related structures; each
item is not a separate fixed asset.
INFRASTRUCTURE
Includes those projects under the direct supervision of the
Public Works Director (County Engineer), including but not limited
to major structures, sewer mains and appurtenances, pumping stations,
wastewater treatment plants and related structures, streets, roadways
and related drainage and safety structures.
SOLE-SOURCE PURCHASES
Includes procurement of items which are protected by patent,
licensed franchise, or meet specific compatibility and standardization
requirements.
USED EQUIPMENT
That which has been previously owned and used, but does not
include demonstration, factory rebuilt, remanufactured or model year
leftovers.
B. Purchases of $50,000 or greater ($150,000 or greater for public works
infrastructure projects). The purchase of any item(s) and service(s),
excluding land and rights-of-way, or through intergovernmental cooperative
arrangements, costing $50,000 or greater of public funds ($150,000
for public works infrastructure projects) shall be accomplished as
follows:
[Amended 2-26-2019 (P19-01); 4-12-2022 by P22-01]
(1) Prior to issuing contract specifications, a draft of the proposed
product/service documents shall be submitted for review by the County
Administrator.
(2) Public advertising is required for purchases. The advertisement shall
be placed in one or more newspaper(s) with general circulation in
Kent County and the Kent County website at least 15 days before bid
opening, and shall at a minimum, contain the following information:
(a)
Brief description of goods or services sought.
(b)
The department placing the advertisement, with contact person.
(c)
Date, time, and location of pre-bid meeting (if any).
(d)
How to obtain contract documents (if any).
(e)
Information on submission of bids; including requirement that
bids be sealed and identified on the outside of the envelope as a
bid for "__________."
(f)
Notation that bids will be opened and read publicly, including
date, time and location of bid opening.
(3) All bids received shall be opened on the advertised date and time
with at least two County employees present and recorded on a Quotation
Summary Form. The form and a staff recommendation shall be submitted
to the County Administrator, who will schedule the purchase award
for Levy Court consideration, unless no bid received meets the specifications
required.
(4) Levy Court shall consider any award of a bid at a public meeting,
with due consideration given to staff recommendations. An affirmative
vote by a majority of Commissioners constitutes award.
(5) All contracts and other legal documents related to these transactions
shall be signed by the President of the Levy Court upon approval of
award by Levy Court.
(6) The Finance Director shall not release payment until Levy Court has
formally acted at a business meeting.
C. Purchases under $50,000 ($150,000 for public works infrastructure
projects). For transactions approved in the County's current fiscal
year budget with a dollar value under $50,000 ($150,000 for public
works infrastructure projects), staff may finalize the procurement
only after completion of all appropriate administrative work as required
below:
[Amended 4-12-2022 by P22-01]
(1) Purchases of $500 or less do not require solicitation of competitive
prices.
(2) Purchases greater than $500 up to $2,500 ($5,000 for public works
infrastructure projects, supplies or equipment) require three price
quotes (published prices via print media and internet acceptable).
Quotation Form not required.
(3) Purchases of $2,500.01 ($5,000.01 for public works infrastructure
projects) to $49,999 ($149,999 for public works infrastructure projects)
require the solicitation of three written quotes (FAX acceptable)
from available sources. All bids are to be recorded on a Quotation
Summary Form.
(4) The $49,999-or-less limit ($149,999-or-less for public works infrastructure
projects) is to include one-time purchases and/or total annual purchase
of the same items. Procurement shall not be fragmented to avoid formal
bidding requirements. If all components of a single project (fixed
asset) exceeds $49,999 ($149,999 for public works infrastructure projects),
then normal bidding procedures are required.
(5) A Quotation Summary Form for purchases of $2,500.01 to $49,999 ($5,000.01
to $149,999 for public works infrastructure projects) shall be forwarded
to the Finance Department for approval prior to purchase.
D. State contracts, GSA schedules, or US Communities purchases do not
require Levy Court approval unless the aggregate cost during the fiscal
year is greater than $50,000. All budgeted items or services purchased
from or through an intergovernmental cooperative or trust, state contracts,
GSA schedules, or US Communities agreements do not require additional
public advertising.
[Amended 2-26-2019 (P19-01)]
E. Awards are to be made to the lowest responsive and responsible bidder,
unless the best interests of the County are achieved by selecting
other than the lowest bidder. Any decisions to award bids under $50,000
($150,000 for public works infrastructure projects) to other than
the lowest bidder must be approved by the County Administrator after
reviewing the written documentation for supporting the award.
[Amended 4-12-2022 by P22-01]
F. Design/Build projects.
(1) Design/Build projects shall follow the procedures outlined above,
but selection and subsequent award shall be based upon the following
four criteria at the discretion of Levy Court:
(a)
Design/Build team qualifications;
(c)
Projected initial capital costs;
(d)
Lifetime project maintenance cost.
(2) The solicitation for such projects shall state the qualitative and
quantitative parameters assigned to each criteria. Such projects must
be approved in advance of solicitation by the County Administrator.
G. Time and material contracts shall follow the normal procurement process
and may be used on multiple projects within one or more departments
as approved by the Public Works Director and Finance Director. Contracts
shall be structured in a unit cost format based on estimated quantities.
Additional unit cost items required in the course of project(s), but
not originally bid, shall require Levy Court approval using the change
order process.
H. Multiple-year contracts for goods or services for more than one year
or extension of existing contracts for more than one year at the same
cost shall be awarded by the Levy Court if they exceed $50,000 per
fiscal year ($150,000 for public works infrastructure projects).
[Amended 4-12-2022 by P22-01]
I. Procurement of professional or consulting services over $100,000
is to be administered using the requests for proposals (RFPs) format.
The draft RFP shall be submitted to the County Administrator for review
and approval. If an RFP is used for lesser amounts, it must also be
reviewed and approved by the County Administrator.
[Amended 4-12-2022 by P22-01]
J. Sole-source purchases.
[Amended 4-12-2022 by P22-01]
(1) For purchases less than $50,000 ($150,000 for public works infrastructure
projects), the County Administrator may authorize the transaction
after reviewing the department manager's written certification, supported
by data showing only one available source. A Quotation Summary Form
shall be used to document such action.
(2) For purchases greater than $50,000 ($150,000 for public works infrastructure
projects), the department manager must submit written certification,
supported by data showing only one available source, to Levy Court
for review and approval.
K. Change orders. When it becomes necessary to revise the purchase of
goods and services after an award has been made, a written explanation
of the change shall be required with the following approvals:
(1) For changes up to 10% of contract amount or $5,000, whichever is
less: department manager or row officer approval.
(2) For changes between 10% and 25% of contract amount or between $5,000.01
and $50,000, whichever is less: County Administrator's approval.
(3) For changes greater than 25% of contract amount or over $50,000,
whichever is less: Levy Court approval unless otherwise stated in
the contract with the vendor.
L. Purchase of used equipment.
(1) Purchases of $5,000 or less may be approved by the row office holder
or department head concerned. Any such purchase must be reported monthly
to the County Administrator. The report will include a detailed description
of the item and its use, price, expected useful life and the name,
address and telephone number of the seller.
(2) Purchases of $5,000.01 to $25,000 must be requested by letter to
the County Administrator. The letter will include a detailed description
of the item and its use, price, expected useful life and the name,
address and telephone number of the seller.
(3) Purchases of $25,000.01 or more must be requested by letter to the
appropriate Levy Court Committee. The letter will include a detailed
description of the item and its use, price, expected useful life and
the name, address and telephone number of the seller.
M. Office supplies purchased by individual offices shall be limited
to those items constituting immediate individual office need.
N. Nonbudgeted purchases shall require a Levy Court approved budget amendment as per Levy Court Policy §
22-6.
O. The County Administrator or his designee may declare a procurement emergency as set forth in the definition of "emergency" in Subsection
A hereof. Emergency purchases must be reviewed and approved by the County Administrator in consultation with the Finance Director or, in either person's absence, the President of Levy Court. At the earliest reasonable opportunity following the invocation of the authority specified herein, the County Administrator or his designee shall give each Levy Court Commissioner notice of an emergency purchase.
P. Purchases orders and a purchase order system with applicable procedures
may be implemented by the Finance Director as necessary.
Q. Unnecessary or unwarranted purchases of any amount as determined
by the Finance Director shall not be permitted and County funds may
not be expended for such purchases. Such disapproved purchases may
be submitted by the department head or row office official to the
County Administrator for his approval or to the Levy Court for consideration.
R. Eligibility for award.
[Added 7-27-2010 (P10-03)]
(1) In order to be eligible for a bid award or a contract for services,
a vendor or provider of services shall be in good standing with Kent
County. If any Kent County department or board of Kent County denies
an award based upon the fact that the vendor/provider is not in good
standing, such decision must be sent to the vendor/provider in writing,
outlining the basis for the conclusion that the vendor/provider is
not in good standing.
(2) In order to be in good standing, a vendor or provider of services
must not be delinquent in the payment of monies owed to the County
(unless the vendor/provider is on a tax payment plan approved by the
Director of Finance); and
(3) In order to be in good standing, a vendor or provider of services
shall not be in violation of the County Code and/or have existing
unresolved land-use-related violations, except that such vendor/provider
would be eligible for bid/contract award if alleged violations are
pending adjudication in a court of competent jurisdiction.
S. Any employee violating this Policy shall be subject to disciplinary
action per Kent County Code.
[Amended 2-26-2019 (P19-01)]
[Adopted 10-28-2008 (P08-06),
effective 10-28-2008]
This Policy establishes procedures for purchasing environmentally
preferable products, to include office supplies, furniture, carpeting,
cleaning products, and building materials.
A. In April 2008, a Green Team was formed of County employees from various
departments and divisions.
B. The goal of the Green Team is to provide direction to County employees
on Kent County's effort to minimize its impact on the environment.
One way to accomplish this goal is through the purchasing of environmentally
preferable products (EPPs).
C. Definitions:
(1) "Environmentally preferable products" as defined by the Environmental
Protection Agency shall mean products or services that have a lesser
or reduced effect on human health and the environment when compared
with competing products or services that serve the same purpose.
(2) "LEED" or "Leadership in Energy and Environmental Design" refers
to a third-party certification and is a nationally accepted benchmark
for purchasing environmentally preferable products.
(3) "Energy Star" is a nationally recognized rating system by the Environmental
Protection Agency and the Department of Energy that identifies and
promotes energy-efficient appliances which reduce greenhouse emissions.
D. Whenever possible, all County departments and others shall endeavor
to purchase environmentally preferable products. At a minimum, such
products shall include:
(1) Office paper, including business cards, letterhead, envelopes, and
copy paper shall contain a minimum of 30% post-consumer recycled content.
(2) Cleaning supplies shall be biodegradable, nonaerosol, and citrus
based.
(3) Office furniture, building materials, carpeting, and/or material
shall be LEED certified.
(4) Appliances shall be Energy Star certified.
(5) Remanufactured laser print cartridges and remanufactured or refillable
inkjet cartridges for printers and copiers.
E. For budgeting purposes, departments shall give first consideration
to purchasing alternative-fuel vehicles. Consideration shall include
vehicle size, workload, anticipated mileage, and future fuel costs.
F. The Green Team shall be responsible for compiling a list of vendors
who specialize in EPP.
G. The Green Team shall periodically review this Policy and make changes
as deemed necessary.
H. Nothing in this Policy shall be construed as requiring the purchase
of products that do not perform adequately or are not available at
a reasonable price. Purchases made using outside funding sources shall
be exempt from this Policy.
I. This Policy shall become effective immediately upon adoption by Levy
Court.
[Adopted 7-27-2010 (P10-04)]
This Policy establishes guidelines for the development, issuance,
and review of requests for proposal at the direction of Levy Court
for the procurement of professional and consulting services for the
County.
A. Whenever Levy Court determines that professional or consulting services
are needed, a request for proposal (RFP) shall be developed if the
estimated value is over $25,000 (over $50,000 annually for pension
or OPEB-related consulting services).
[Amended 3-27-2018 (P18-01)]
B. Any draft RFP shall be submitted to the County Administrator for
review and approval. If an RFP is used for lesser amounts, it must
also be reviewed by the County Administrator.
C. Upon completion of the draft RFP review process, the final RFP shall
be promptly advertised, with proposals due no earlier than 30 days
thereafter.
D. Review and evaluation of the submitted proposals shall be completed
within 60 days, unless it is determined by the County Administrator
that the complexity of the proposals requires additional time for
review. The review and evaluation of the proposals shall be consistent
with the parameters established in the RFP and shall at a minimum
include the following:
(1) Vendor's qualifications and experience to provide the required service
as defined in the RFP.
(2) Adequate number of personnel with the qualifications required to
provide the services as defined in the RFP.
(4) Compliance with the terms, conditions and other provisions of the
RFP.
(5) Adequacy and completeness of the proposal with regard to the information
specified in the RFP.
E. A recommendation of award shall be submitted to Levy Court for consideration
within four months of issuance of an RFP, unless extended by the County
Administrator. If staff determines that the RFP responses received
are incomplete, will not achieve expected outcomes, or are unacceptable
for any other reason, revisions shall be made as necessary and a new
round of advertisement scheduled.
F. After approval by Levy Court and execution of an agreement for services,
the unsuccessful responding vendors shall be notified that the selection
process had been completed.
G. The County Administrator and Finance Director shall develop appropriate
forms and guidelines for the efficient administration of the Policy.
H. This Policy shall become effective immediately upon adoption by Levy
Court.