[Adopted 5-10-2004 by Res. No. 252-2004]
It is the intent of this manual to explain to users what the
Purchasing Division does and to provide users with information that
will enable them to make the most effective use of the services offered
by the Purchasing Division. It is suggested that you read this document
closely, ask any questions that you feel necessary to increase your
understanding of the purchasing process, and refer to it as frequently
as you need to in the course of carrying out your daily responsibilities.
A.
Mission.
(1)
The Purchasing Division shall promote the County's best interest
by providing a professional purchasing system of quality and integrity
whereby all persons involved in public purchasing are treated fairly
and equitably, the value of public funds are maximized and a sufficient
supply system is available for all departments/agencies.
(2)
The Purchasing Division will implement and maintain the purchasing
system in full accordance with requirements set forth in General Municipal
Law of the State of New York and such local laws as passed by the
Albany County Legislature. The Purchasing Division shall conduct the
procurement system for the County in a cost-effective, objective manner,
devoid of favoritism or special interest influence.
B.
Goals. The goal of the Purchasing Division is to make the purchasing
process as competitive and objective as possible, while striving to
promote high standards for all business relationships.
C.
Objectives. The objectives of the Purchasing Division are to obtain,
on a timely basis, quality products and services as economically as
possible, as well as to satisfy the specific needs of our various
departments. We endeavor to assure that the taxpayers receive the
maximum value for each dollar expended. The established purchasing
objectives center around the need for efficient and effective operations
which are responsive to users' needs, and practices which promote
sound purchasing management and render the greatest value for the
County taxpayers dollars. With this in mind, the Purchasing Division
is charged with accomplishing the following objectives:
(1)
Promote timely procurement of supplies, equipment and services necessary
to the daily operation of the County.
(2)
Promote prudent spending of County funds by obtaining maximum value
for purchasing dollars spent by ensuring competition. Promote fair
and open competition among vendors in an impartial manner.
(3)
Promote buying techniques which encourage economies of scale, thereby
ordering materials and services in large quantities.
(4)
Provide guidance, oversight and problem resolution to County departments,
and ensure compliance with County purchasing policies and procedures.
(5)
Simplify, clarify and streamline the procurement process of the County.
Make the purchasing policies and procedures practiced by the County
as consistent as possible.
(6)
Ensure fair and equitable treatment of all persons/vendors who deal
with the County.
(7)
Ensure that all interested suppliers understand how to do business
with the County.
(8)
Maintain liaison with vendors providing goods/services to the County,
including the resolution of complaints regarding those goods/services.
(9)
Treat all prices and technical information submitted by suppliers
as confidential in order to preserve a good business reputation and
obtain competitive prices.
D.
Purchasing Division's responsibilities. The charge of the Purchasing
Division is to provide efficient service to the departments in the
procurement of goods and services that are of the best value from
responsible vendors. It is the Purchasing Division's responsibility
to handle all aspects of the procurement process, including the identification
and development of sources, assistance to departments in the development
of specifications, solicitation of bids, proposals, quotations, and
interacting with vendors. The following performance service standards
are the maximum number of business days per task that County departments
can expect from the Purchasing Division:
(1)
Requisitions:
(a)
Issue a purchase order for bid items within 24 hours.
(b)
Assign non-bid requisitions to a buyer within 24 hours.
(c)
Department will receive notice if buyer requires additional
information within two days.
(d)
Issue a purchase order for non-bid commodities under $10,000
within two weeks.
(e)
Issue a purchase order for non-bid public works projects under
$20,000 after a request for quote (RFQ) has been completed and a contract
signed within three weeks.
E.
Department responsibilities.
(1)
Expenditures should be planned sufficiently in advance to allow the
Purchasing Division to obtain the best price and/or overall service.
(2)
Purchase orders are based on information and specifications shown
on the requisition. Care should be taken so that specifications are
adequate to allow someone with little or no knowledge of the merchandise
to place the order properly. When requesting parts for machines or
equipment, a manufacturer and part number or model number of the unit
the parts are for should be stated on the requisition.
(3)
Purchases to be made with grant money should be planned at the time
that the grant money is received. The department shall immediately
notify the Purchasing Division what commodities need to be purchased
with the grant money to allow for a cost-effective purchase and prompt
payment. Notifying the Purchasing Division in a timely manner will
help ensure that grant money will not be lost.
(4)
Employees who are involved in their department's procurement process
are to familiarize themselves with these policies and procedures.
Supervisors are to ensure that new employees have read these policies.
(5)
No purchase shall be divided for the purpose of bringing the value
of the order down to avoid using more stringent purchasing methods
or restrictions.
A.
General.
(1)
Only the County Purchasing Agent may commit the County for a purchase.
No purchase may be made without a purchase order signed by the Purchasing
Agent or his/her designee.
(2)
The dollar amount of the purchase and/or the commodity/service being
acquired is the basis for determining the correct purchasing procedure.
This dollar amount is determined on a County-wide basis, not on a
departmental basis. The use of commodity codes has enabled the Purchasing
Division to easily identify those commodities that require public
bids.
(3)
The Purchasing Agent has the right to make alternative suggestions
to the requisitioner if, in the judgment of the Purchasing Agent,
the specifications would restrict competition, or otherwise preclude
the most economical purchase of the required items.
(4)
When a low bidder proposes an alternative as "an equal" to that which
was specified, the Purchasing Agent will consult with the department
head or his/her authorized designee to determine the validity of the
alternative.
(a)
In the event of any claim by any unsuccessful bidder concerning
or relating to the issue of "equal or better" or "or equal," the successful
bidder agrees, at his/her own cost and expense, to defend such claim
or claims and agrees to hold the County of Albany free and harmless
from any and all claims for loss or damage arising out of this transaction
for any reason whatsoever.
(5)
The Purchasing Agent is to be notified in writing of any default
in contractor performance.
(a)
Records are to be kept by department heads of vendor inconsistency
and any evidence of unsatisfactory vendor performance during the course
of any contract by completing a vendor complaint form (Exhibit "A")
and forwarding it to the Purchasing Agent. This procedure should be
followed each time a vendor does not perform to the standards of a
bid or request for proposal.
(b)
The Purchasing Division will send a certified letter with the
vendor complaint form attached giving the vendor an opportunity to
respond to the complaint and/or rectify any problem.
(c)
The Purchasing Division, in conjunction with the Department
of Law, will be responsible for determining, prior to contract award,
if the vendor has continued to be "responsible."
(6)
Departments should plan purchases sufficiently in advance to allow
the Purchasing Division to obtain the best price and/or overall service.
(7)
Departments can send vendor price quotes to the Purchasing Division
once they have entered a requisition. Prior to the issuing of a purchase
order, the Purchasing Division will confirm all price quotes to confirm
accuracy.
B.
Requisitions.
(1)
The Purchasing Division receives requests for supplies, services
and equipment from the departments through the MUNIS financial system.
The Purchasing Agent or his/her designee reviews each requisition
for its completion and determines the correct purchasing procedures
for that order.
(2)
After reviewing the requisition, the Purchasing Agent directs the
correct processing method to be used and assigns the work to the staff.
Each purchasing staff member is assigned to purchase goods or services
based on the commodities assigned to them by the Purchasing Agent.
These staff members will work directly with vendors and issue the
appropriate binding purchasing documents.
(3)
Requisitions with incomplete product descriptions are rejected back
to the requesting department until enough information is given to
properly identify the product being requested.
(4)
A completed requisition form in MUNIS will include the following:
(a)
Department name.
(b)
Date requisition is initiated.
(c)
Requisition number.
(d)
Catalog number and manufacturer.
(e)
Detailed description of items(s) requested.
(f)
Date required.
(g)
Unit measure (each or pack).
(h)
Quantity required.
(i)
Account to be charged.
(j)
Special instructions.
(k)
Suggested vendors.
(l)
Commodity codes as required.
C.
The purchase order.
(1)
Requisitioned request:
(b)
The department can request that the vendor's copy of the purchase
order be sent to the department. The department can then hand carry
the vendor's copy of the purchase order to the vendor and pick up
the items.
(2)
Request for immediate purchase order:
(a)
Emergency purchase order requests must be discussed with the
Purchasing Agent or his/her designee prior to any purchase. A requisition
must be submitted to the Purchasing Division via the MUNIS financial
system and approved before the request will be considered. The Purchasing
Division will not issue a purchase order for goods or services that
have been purchased without prior approval from the Purchasing Agent.
Remember, if the Purchasing Division does not purchase it, we do not
issue a purchase order.
(b)
Emergency purchase order requests must be kept to a minimum
and must be for essential items when the normal delay in processing
will significantly affect the operation of the department. Routine
items, which the department has forgotten to maintain in inventory
or anticipate a requirement, will not meet the guidelines. An example
of an acceptable request would be for a part to repair an essential
piece of equipment.
(d)
After securing the above information, the Purchasing Agent will
approve or disapprove the request. If approved, the Purchasing Agent
will convert the requisition to a purchase order and the department
may then order the goods or services.
(3)
Blanket purchase orders:
(a)
A blanket purchase order is issued when several purchases are
made against the same order number for a designated period of time
(usually on a monthly basis). Blanket purchase orders can be for bid
and non-bid vendors. A blanket purchase order eliminates the processing
of many individual purchase orders and allows the department flexibility
in ordering commodities.
(b)
Procedures for blanket purchase orders:
[1]
All requests for blanket purchase orders will be sent to the
Purchasing Division via MUNIS. The Purchasing Division will determine
if a blanket order is appropriate.
[2]
Departments shall submit the requisition to the Purchasing Division
at the beginning of the month.
[3]
If the request is approved, the Purchasing Division will issue
a purchase order number to the requesting department. The purchase
order number must be given to the vendor when ordering commodities
and must appear on all paperwork received from the vendor.
[4]
If no purchases were made against the blanket purchase order
for the time period specified, the department must notify the Comptroller's
Office to cancel the purchase order.
[5]
If the dollar amount on the blanket purchase order will be used
up before the end of the month and additional purchases must be made,
submit a new requisition for the issuance of a new blanket purchase
order. DO NOT EXCEED THE ORIGINAL PURCHASE ORDER DOLLAR AMOUNT. Exceeding
the dollar amount appropriated on a blanket purchase order is in fact
placing an order without the proper approvals from the Purchasing
Division.
[6]
The remaining balance of a blanket purchase order can be liquidated
by the department when the last invoice has been entered against it.
A.
General.
(1)
Competitive bidding is required for purchase of commodities or like
commodities with an anticipated value of $20,000 or more. The competitive
bidding process ensures that all bidders receive the same information
and the bid award shall be made to the lowest responsible bidder.
(2)
Planning and gathering information is vital. Sufficient lead time
should be built into the procurement process to permit adequate planning,
specification writing, bidding, vendor selections, documentation,
etc. Departments should allow sufficient time for the Purchasing Division
to review product specifications or scopes of work and complete the
bid or proposal documents. Additional time will be needed for bids
and RFPs where contracts must be approved by the Contract Administration
Board or the County Legislature.
(3)
Each bid or proposal will be numbered before being published.
(a)
Advertisements for public bids and requests for professional
services are published in the designated official County newspapers,
The Evangelist and The Times Union.
(4)
All bids and RFPs are posted on the Capital Region Purchasing Group
(CRPG) website for viewing and downloading.
(5)
Prior to publishing the bid or proposal in official papers, the requesting
department head will be required to sign off on the specifications.
(6)
The Purchasing Division issues bid or proposal packages to vendors/contractors
at the advertised location or by downloading from the CRPG website.
Bid or proposal packages are also mailed First Class, or FedEx'ed
when the firm furnishes a FedEx account number. The request for bid
or proposal package must come in writing, e-mail or by fax.
(7)
All bid or proposal packages picked up at the Purchasing Division
are recorded on the bidder's specification pick-up form. The CRPG
website maintains a record of all firms who download from the website.
B.
Developing bid specifications.
(1)
Purchasing writes a bid using the department's list of specifications
as the specific criteria against which vendors' bids are evaluated.
These specifications must be absolutely clear to all the potential
bidders. The bid will be awarded to the lowest-cost supplier to meet
all of the department's needs, exactly as it was defined by the department
in the specifications.
(2)
Departments will not be allowed to add or delete requirements after
the bids open; the evaluation will be based solely on all requirements
set forth in the bid. During the bid process, the vendors must be
absolutely certain they are all considering the same thing. The vendor
needs to offer the appropriate product at the right price.
(3)
The goal is to have only one possible meaning for the specifications
listed. The buyers in the Purchasing Division often receive challenges
from vendors. Vendors want reassurance they are being treated impartially.
Departments may be called upon to justify any requirement as the minimum
acceptable to meet their legitimate operational needs.
(4)
Consider using quantitative statements for requirements whenever
possible. Instead of writing "must operate quietly," write "must be
no louder than ___ dB during operation." Words like "fast," "quiet,"
"reliable," "automatic" and "portable" can have very different meanings
to different individuals. A vendor who is losing a sale because the
sales representatives idea of "fast" was 40 miles per hour, while
the specification writer's idea of "fast" was 60 miles per hour, may
be angry. Sometimes it is more appropriate to write the specification
by using a minimum or maximum allowable range. For example: "The minimum
acceptable temperature range for the incubator is 0 to 37° C."
or "The maximum allowable fluctuation is +/- 0.2° C." Conflict
can be avoided by developing a clear, unambiguous specification.
(6)
Brand names. Brand names can be used in a specification. If the Purchasing
Division is supplied with a brand name, the buyers will generally
specify "brand name or equal" on the bid or RFQ. A brand name gives
the parties involved an idea of what type and quality of product is
required; and in many cases, several distributors can supply a given
brand. The most important features or requirements must still be addressed.
Since no two brands are identical in all respects, describe in which
respects any product offered to be equivalent is needed. Make it clear
at the outset what is considered an "equivalent."
(7)
Use of vendor specifications.
(a)
Only departments are qualified to know exactly what their needs
are. Avoid turning the job over to a vendor. Vendors' literature is
written to describe and promote their products. It is their job to
sell their company's product and it is to their benefit to emphasize
the uniqueness of their product both verbally and in their product
literature.
(b)
By copying a vendors' literature rather than writing their own
specifications, departments are likely to over-restrict the specifications
to the point where only the vendor whose literature has been copied
can meet them. It may reduce competition and result in higher costs.
(c)
The Purchasing Division requests that departments write their
specifications using their own thoughts and words. If the Purchasing
Division unknowingly issues a bid based on specifications supplied
by a department that are from a specific vendor's literature, a competing
vendor may challenge the bid or purchase decision, saying the requirements
unfairly favored one vendor and restricted competition. The bids may
need to be rejected (or order canceled) and a new list of requirements
developed to more accurately reflect the department's true needs.
Delays can be avoided by spending quality time up-front writing your
own, well-thought-out list of requirements.
[1]
Avoid over-specifying. Avoid writing down more than what is
actually required to meet operational needs. The more requirements
added, the more likely it is the number of vendors that can offer
a product to meet them will be limited. Think about the use of a product
or the need for a service for your department and limit yourself to
what actually makes sense in your setting.
C.
Bidders' list. In addition to the required public advertisement,
the Purchasing Division posts its bids/RFPs on the CRPG website. Any
vendor wishing to have automatic notification must register on the
CRPG website and pay a small fee for that service. Vendors who do
not wish to have automatic notification may register for free and
then they will have access to downloading any document. Vendors who
register for free have the responsibility of checking the website
to look for business opportunities. The Purchasing Division will no
longer maintain lists of vendors for commodities or services. In order
for specifications to be sent to any vendor, that vendor must first
contact the Purchasing Division by mail, e-mail or fax, requesting
that they be sent via regular mail. Any vendor that requests specifications
to be sent by FedEx or other overnight mail must pay for this service.
No bid or proposal packages will be faxed to any vendor under any
circumstances.
D.
Bid security. There are two different types of circumstances that
may require bid securities.
(1)
Purchase or service. A percentage of the estimated bid as security
is required in certified check form and/or bid bond. The certified
check and/or bid bond of the awarded vendor is held until the Purchasing
Division receives written notification from the requesting department
head that bid items have been received. The bid security is then returned
to the awarded vendor.
(2)
Capital improvement or public works projects. A percentage or fixed
dollar amount bid security in the form of a certified check or bid
bond is required. Bid security will be 5% of the total bidding contract
amount or a fixed dollar amount. Bid security will be returned once
the required performance bonds have been received and the contracts
are fully executed by the County Executive.
E.
Performance bond. Performance bonds shall be required when bidding
capital improvement or public works projects. Bidders are required
to submit their performance bonds before or at the time that they
sign a contract. This bond will ensure that the bidder performs for
the municipality between the date of award and the date of completion
of the contract.
F.
Prevailing wages. Prevailing wages consist of pay scales that have
been bargained for by the various unions throughout the state and
are set by the New York State Department of Labor. Vendors must pay
these rates to those employees who work on public works projects in
any municipal building. There is no dollar threshold where these wages
do not apply. In having vendors submit quotes, it is extremely important
to make sure that they understand that prevailing wages apply for
any public works project in County buildings, regardless of the cost
of the contract.
G.
Addenda.
(1)
As stated in the request for bid terms and conditions, "only formal,
written addenda can alter the bid specifications." When a discrepancy,
ambiguity or omission is revealed, the Purchasing Division will issue
an addendum to clarify the bid requirements. The addendum is sent
by fax and/or certified mail to all vendors that have picked up or
were mailed bid packages and posted on the CRPG website. The first
addendum will be labeled "Addendum #1." Subsequent addenda issued
will be sequentially labeled.
(2)
The Purchasing Division will make every effort to ensure that the
appropriate vendors receive addenda.
(3)
The addendum procedure will also be used to extend the bid date to
give the vendors/contractors sufficient time to submit a responsible
bid.
H.
Receipt of bids.
(1)
Vendors or contractors must mail, express or deliver sealed bids
to the Purchasing Division office on or before the bid deadline specified
in the legal advertisement. As the bids are received, they are immediately
date and time stamped by the designated time clock, and bid receipt
is recorded in the Purchasing Division Bid/Proposal Log. No bids are
accepted after the bid deadline. Those received after the bid deadline
will be returned to the sender unopened. No fax machine transmission
bids will be accepted under any circumstances. All bids are kept in
a secure location.
(2)
At the appointed time, the Purchasing Agent, or designee, will announce
the bids to be opened. The bids will be opened and read aloud, and
the bid prices appropriately recorded.
I.
Bid recommendation process. A copy of all bids received will be made
and sent to the requesting department with a memo requesting a review
and a recommendation or rejection of the lowest responsible bidder.
The department shall review the package and send a memo of its recommendation
or rejection to the Purchasing Division. If the lowest responsible
bidder is not recommended, then a detailed written explanation from
the department head must be attached. The Purchasing Agent will review
the package and department recommendation, and, if necessary, contact
the Law Department to clear up any legal technicalities and will approve
or disapprove the department's recommendation.
J.
Bid award process. If a contract is required for an individual department,
the department head must submit the package with recommendations to
the appropriate contract approval authority. After the approval for
the contract is granted the Purchasing Division will then process
any necessary notice of award or purchase order. If the bid is for
various Albany County facilities, the Purchasing Division will then
process it through the appropriate approving authorities. When the
award process is finalized, the entire bid package becomes a permanent
file in the Purchasing Division.
K.
Purchase of like commodities under $20,000. Where competitive bidding
is not required by General Municipal Law § 103, the Albany
County Legislature has adopted the following conditions under which,
and the manner in which, procurements of commodities shall be made:
(1)
Purchases of commodities, equipment or goods:
[Amended 9-13-2010 by Res. No. 357-2010]
(a)
$0 to $999.99: one documented telephone price inquiry or written
quote.
(b)
$1,000 to $3,999.99: minimum of two vendor-submitted written,
e-mail or facsimile price quotes.
(c)
$4,000 to $19,999.99: minimum of three vendor-submitted written,
e-mail or facsimile price quotes.
(d)
$20,000 and over: sealed bids in conformance with General Municipal
Law § 103.
L.
Public works projects under $35,000. Where competitive bidding is
not required by General Municipal Law § 103, the Albany
County Legislature has adopted the following conditions under which,
and the manner in which, public works project procurements shall be
made:
(1)
Purchases for public works projects/contracts:
[Amended 9-13-2010 by Res. No. 357-2010]
A.
General.
(1)
These guidelines are for the development, solicitation, evaluation
and award of RFPs consistent with applicable laws and regulations
of Albany County. Generally, an RFP is to be used as a procurement
vehicle when the end-user does not have a pre-defined product specification
or service requirement, but rather a set of outcomes or deliverables
needed to meet the project objective(s). An RFP allows responding
proposers to use their best resources to propose solutions that meet
the project objective(s).
(2)
A thorough, well-written RFP will help ensure that responsive proposals
will be received and that the desired ends for the project will be
achieved. The RFP must provide the offeror with a clear, unambiguous
statement of work for the contract, the rules for submitting responsive
proposals, a detailed statement of the requirements and goals of the
project, instructions on the preparation of the proposal and the method
and criteria for proposal evaluation.
B.
Guidelines.
(1)
RFP administration and process.
(a)
RFP development.
[1]
The Purchasing Division shall work with the requesting department
in the development and review of the RFP. The department shall be
given a final draft of the RFP for approval before the legal notice
has been advertised.
[2]
The evaluation team, evaluation criteria and evaluation weights
shall be determined prior to solicitation. The weight for each evaluation
criteria item shall be determined by the evaluation team with the
advice of the Purchasing Division prior to the solicitation. The weight
shall be based on a percentage where the combined weights for all
the evaluation criteria shall equal 100%.
(b)
Forming an RFP development team. Assembling a competent development
team at the outset of the process is essential. RFP development team
members should be carefully selected on the basis of their individual
skills and potential contributions. The team should consist of staff
members from the department that have an interest or expertise in
the services to be procured. The team should be given sufficient time
and resources to participate in the planning and implementation process.
(c)
Forming the evaluation team.
[1]
Prior to solicitation, the requesting department will form an
"evaluation team" of knowledgeable personnel to evaluate and recommend
an award of the RFP. It should be clear to evaluation team members
from the outset that their duties will require significant time and
effort.
[2]
There is no restriction as to how many people there may be on
the evaluation team. It is suggested that a minimum of three individuals
be considered, and the team should be diverse with expertise and knowledge
of the product or service being procured.
[3]
Each evaluation team member will be provided with the RFP guidelines
and a copy of the RFP for review prior to commencement of the evaluation
process.
(d)
Role of the Purchasing Division.
[1]
The experience, influence and consistency of the Purchasing
Division is critical to the successful completion of the RFP process.
The Purchasing Division will not serve as a scoring member of the
evaluation team but will perform the following responsibilities:
[a]
Support department staff in drafting the RFP;
[b]
Manage the RFP process;
[c]
Instruct the proposal evaluation team regarding
the RFP process, the terms of the subject RFP and the evaluation process
detailed in the RFP so that team members understand the RFP process
and their responsibilities in it;
[d]
Manage the proposal evaluation process;
[e]
Oversee the review of technical proposals for responsiveness
to mandatory requirements;
[f]
Conduct and coordinate any oral presentations and
written clarifications with proposers; and
[g]
Maintain the contract file during the RFP process.
[2]
Protests, appeals and lawsuits are part of procurement life.
It shall be the Purchasing Division's responsibility to work with
the Department of Law when one of these actions occurs. Such actions
may or may not center on the activities of the evaluation team. However,
it is not uncommon for a protestor to review the scoring of the evaluation
team. It is essential that evaluators work hard to score the proposers
in a consistent and explainable manner.
(e)
Role of the evaluators.
[1]
Evaluators are instructed not to discuss any part of the proposals
with anyone outside the County until a contract has been fully executed.
[2]
For uniformity in scoring, the evaluators are to use the evaluation
form supplied by the Purchasing Division.
[3]
All scores must be supported by rational and sufficient documentation
to substantiate the evaluators' judgment.
[4]
A team leader should be established to serve as a proctor for
all meetings of the evaluation team and to keep records of all evaluation
discussions, forms, scoring and recommendations.
[5]
Proposal evaluations should be conducted as a "blind" exercise;
all materials and discussions should be protected from disclosure
between individuals making the evaluations, with documentation to
that effect.
[6]
If it is apparent that one or more of the evaluators' scores
differ greatly from the majority, the department head may discuss
the situation to be sure the criteria was clear to all. If an evaluator
feels at this point that he/she did not understand the criteria or
did not understand the proposal, he/she may, at his/her discretion,
revise the evaluation. All evaluation forms are turned in to the Purchasing
Division to become part of the public record.
[7]
Some simple do's and don'ts for evaluators:
|
Do's
|
Don'ts
|
|---|---|
|
Do evaluate each proposal independently.
|
Don't confer with any other team evaluators concerning a proposal
while you are evaluating it independently.
|
|
Do record the detailed rationale for scoring each proposal.
|
Don't use vague or contradictory statements in your evaluation
rationale.
|
|
Do ask the Purchasing Division for guidance with any question
you may have.
|
Don't discuss the evaluation scores with non-team evaluators
prior to an award being made. If you get an inquiry from an offeror,
your response should only indicate that you are in the "evaluation
process." Any further questions should be directed to the Purchasing
Division.
|
|
Don't assume. If you have a question, please ask.
|
(f)
Conflicts of interest. A conflict of interest exists whenever
there is a situation in which an evaluation team member, advisor or
consultant may have a financial or other interest or prejudice through
current or past association or relationship with any responding offeror.
Any individual who believes a potential conflict of interest exists
must inform the Purchasing Division immediately.
(g)
RFP solicitation phase.
[1]
Legal notices for all RFPs shall be published in the official
newspapers of Albany County, The Times Union and The Evangelist. In
addition, RFPs will be made available for downloading directly from
the Capital Region Purchasing Group (CRPG) website, directly from
the Purchasing Division or vendors may fax a request to have an RFP
packaged mailed.
[2]
Departments that have a list of potential vendors that they
would like notified of the RFP must send the Purchasing Division a
written list containing the phone number, fax number and address.
The Purchasing Division no longer keeps potential vendor lists for
any products or services. Any vendor who wishes to be put on a bid
list should be directed to the Purchasing Division for instructions
on how to register with the CRPG website.
(h)
RFP development questionnaire. The RFP Development Questionnaire
is a requirement for the Purchasing Division to begin drafting an
RFP.
(2)
RFP layout and content.
(a)
In general.
[1]
The layout and content of all RFPs will include information
and requirements from both the department and the Purchasing Division.
Some sections of the RFP will be the primary responsibility of the
department, while some sections will include standard language from
Purchasing. While RFPs will vary from project to project, they will
typically follow a basic outline:
[a]
Background information.
[b]
Objectives and Technical Requirements (Scope of
Work).
[c]
Cost/Budget Proposal Requirements.
[d]
Contractual Terms and Conditions.
[e]
Administrative.
[f]
Proposal Format and Content.
[g]
Proposal Evaluation Criteria.
[h]
Any relevant attachments provided by the department.
[2]
The department will be primarily responsible for developing
the background information, objectives and technical requirements
(scope of work), cost/budget proposal requirements and the evaluation
criteria. The department is also responsible for any attachments to
the RFP.
[3]
Purchasing will provide the language for the contractual terms
and conditions, administrative information (i.e., contact and pre-bidder's
conference information), proposal format and content (i.e., required
proposal sections and their order).
(b)
Background. This section of the RFP contains background information
for offerors. This should include a description of the function of
the agency for which the services are required, a fairly detailed
explanation of why the services are needed, a description of the method
or system presently employed (including its deficiencies), the staff
and resources available and the objectives of the agency. This is
a reasonably brief summary of the existing problem and the approach
to a solution preferred by the department. The details of tasks are
reserved for the scope-of-work section. For human services RFPs, any
current data and demographic information on the target population
or utilization of services should also be included here.
(c)
Objectives and Technical Requirements; Scope of Work (SOW).
[1]
This is a detailed description of the work to be performed by
the proposer. A well-written SOW enhances the opportunity for all
potential offerors to compete equally for County contracts and serves
as the standard for determining if the proposer meets the stated performance
requirements. The SOW should specify in clear, understandable terms
the work to be done in developing the services to be performed by
a proposer. Preparation of an effective SOW requires both an understanding
of the services that are needed to satisfy a particular requirement
and an ability to define what is required in specific, performance-based,
quantitative terms. An SOW prepared in explicit terms will enable
offerors to clearly understand the County's needs. This facilitates
the preparation of responsive proposals and delivery of the required
services while shifting the responsibility for preparing the SOW from
the County to the solicitation respondents.
[2]
Any technical requirements that proposers must meet as an organization
or comply with in their proposed program should be detailed in this
section. This section should also include any regulatory or legal
requirements that must be followed.
[3]
The department will need to develop the objectives that the
selected proposal will be expected to accomplish. Note: Objectives
are not simple benchmarks or milestones (i.e., X number of children
receive treatment per month). They should be the outcomes you are
looking to achieve (i.e., reduce by X% the number of children being
hospitalized).
[4]
HINT: Request that the Purchasing Division conduct an RFP search.
Most initiatives and programs that you are looking to RFP have been
done in other communities across the country. Our Purchasing Division
has access to RFPs from other communities. They can search to find
RFPs from other communities for similar programs that can be adapted
to fit your department's needs.
(d)
Cost/Budget Proposal Requirements. The department requesting
the RFP will be responsible for the details in this section, although
some language will be standard in all RFPs and provided by the Purchasing
Division. You should describe the form and cost breakdown that you
will require for this particular contract. If you will be attaching
a budget form for proposers to complete, you should indicate that
here. You may also want to repeat here any funding information that
you provided in the previous background or objectives/requirements
sections.
(e)
Evaluation Criteria. Proposers will need to know the specific
aspects of their organization and the criteria that they will be judged
upon. Evaluation criteria should be carefully developed, well-thought
out and provide a comprehensive array of qualities on which to judge
proposers. Avoid multiple criteria that are similar to one another,
or criteria that can be ambiguous or unclear. Criteria should be chosen
and weighted based upon their importance to the project and your mission
and as a factor in successfully meeting your project objectives. You
should not include criteria that are not relevant or important to
the project.
(3)
RFP proposer-County communication/contact.
(a)
Vendor questions and/or inquiries. Once the legal notice has
been published, and the RFPs have been distributed, all vendor questions
should be directed to the Purchasing Division in writing. Under no
circumstances should a department answer hypothetical or speculative
"what if" questions.
(b)
Pre-proposal conferences.
[1]
Based on the scope and technical requirements of an RFP, a pre-proposal
conference may be required. If a pre-proposal conference is conducted,
modifications to the RFP may result. The pre-proposal conference provides
an opportunity to:
[2]
The pre-proposal conference is a meeting of potential respondents,
the Purchasing Division and the requesting department's technical
representative. A sign-in sheet will be distributed to collect the
attendee names, company names and phone numbers. Some questions are
answered immediately, while others may require additional scrutiny.
[3]
The Purchasing Division will indicate to the attendees that
there will be a response in writing made in a timely manner before
the scheduled opening, or if necessary, the opening will be rescheduled.
All questions will be addressed in a subsequent addendum.
(c)
Addendum. If needed, an addendum to the RFP may be issued to
correct any inconsistencies in the RFP, revise elements of the RFP
and/or respond to inquiries by potential respondents. The Purchasing
Division will be responsible for coordination of the subject matter
and issuing the addendum. The addendum is sent to all vendors who
possess a copy of the RFP.
(4)
Post-RFP deadline and evaluation.
(a)
RFP closing. After the proposal due date and time, names of
the respondents are identified. No other information is given until
the County has a signed contract with the awarded vendor.
(b)
RFP evaluation.
[1]
After the RFP has closed, the Purchasing Division will distribute
copies of all responses to the requesting department, with the original
response kept in the Purchasing Division file. The requesting department
shall distribute copies of all responses, with the scoring matrix,
to the identified evaluation team. Each team member is to score all
proposals against the evaluation criteria identified in the RFP.
[2]
Each evaluation team member should provide written justification/explanations
for each score given under each criteria. When all evaluation team
members have completed their scoring, the scores shall be collected
by the team leader for tabulating the results, and identifying the
top-rated respondent(s) for award consideration. See Attachment A,
Official Score Sheet.
(c)
Oral presentations.
[1]
Oral presentations are used to clarify or verify the respondent's
written proposal and should be used when appropriate. They may be
restricted to only those respondents with the highest scores after
the initial evaluation of all proposals. The Purchasing Division,
in coordination with the requesting department, shall develop discussion
points and questions for the respondents to address during their presentations.
All respondents will be afforded equal time lengths for their presentations.
[2]
All members of the evaluation team should be present for each
presentation. Details of competing proposals should not be discussed
during presentations. The respondent's presentation and answers to
the evaluation team's questions may enhance the respondent's score
in the evaluation areas of the RFP. The evaluation team may re-evaluate
and make changes to the scores of the respondents based on the information
received from the presentations.
(d)
RFP award phase.
[1]
After the responses to an RFP have been evaluated and tabulated,
or re-evaluated after oral presentations, the department head shall
make a formal written recommendation to the Purchasing Division. Attached
to the recommendation shall be the scoring matrix, with supporting
documentation justifying why the successful offeror was selected.
[2]
The Purchasing Division will issue a notice of recommendation
to the highest scoring respondent. The department head shall request
contract approval through the appropriate approving authority. Once
approval has been granted, the Purchasing Division will issue a notice
of award.
(5)
Procuring professional services under $20,000. The Albany County
Legislature has adopted the following conditions under which, and
the manner in which, procurements of professional services shall be
made:
(a)
Professional services and consultants (RFP):
[1]
$0 to $2,999.99: minimum of one vendor written price quote with
award recommendation being made by the department head, and with the
approval of the Purchasing Agent and the award being made by the County
Executive.
[2]
$3,000 to $19,999.99: minimum of three vendor written price
quotes, with the award recommendation being made by the department
head, and with the approval of the Purchasing Agent and award being
made by the County Executive.
[3]
$20,000 to $99,999.99: written request for proposal, with award
recommendation by the department head with approval from the Purchasing
Agent and the award of contract being made by the Contract Administration
Board.
[4]
$100,000 and over: written request for proposal, with the award
recommendation by the department head with approval from the Purchasing
Agent and the award of the contract being made by the County Legislature.
(b)
The Albany County Purchasing Agent shall comply with the open
and fair procedures, established by the Albany County Procurement
Policy, for the awarding of public contracts for goods and services.
The Purchasing Agent shall establish the necessary reports and statistics
to ensure that proper implementation of the policies and accountability
requirements are met to provide assurance that favoritism or fraud
does not occur.
(6)
Exceptions.
(a)
A good-faith effort shall be made to obtain the required number
of proposals or quotations. If the Purchasing Department is unable
to obtain the required number of proposals or quotations, the Purchasing
Department shall document the attempt made at obtaining the proposals.
In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
(b)
Except when directed by the Legislature, no solicitation of
written proposals or quotations shall be required under the following
circumstances:
[1]
Emergencies;
[2]
Sole-source situations;
[3]
Goods purchased from agencies for the blind or severely handicapped;
[4]
Goods purchased from correctional facilities;
[5]
Goods or services purchased from another government agency or
public jurisdiction within New York State that provides goods or services
to municipal governments;
[6]
Goods purchased from surplus government auction;
[7]
Goods or services purchased for less than $999.99
[8]
Mandates requiring Albany County to contract with all qualified
providers at a rate established by the federal government or New York
State.
[9]
Albany County contracts with all qualified and willing providers
of a defined social service program under the following departments:
Aging, Health, Mental Health, Department for Children, Youth and Families
or Social Services. Examples of such programs are Early Intervention
and the Committee for Preschool Special Education under the New York
Department of Education.
[10]
New York State mandates for the provision of a
specific service at a pre-established rate and requirements that such
service be offered via a state-qualified or state-licensed provider,
such as Cornell Cooperative Extension and Hudson Valley Community
College.
[11]
Contracts as part of a grant process where the
contractor is identified as the provider in the grant application.
[12]
Physicians.
(c)
In accordance with General Municipal Law § 103, Subdivision
16, contracts let by any state or any county or political subdivision
or district therein are excepted from this policy if such contract
was let in a manner that constitutes competitive bidding consistent
with state law and made available for use by other governmental entities.
[Added 7-8-2013 by Res.
No. 232-2013]
(7)
Purchases from other than the lowest responsible dollar offeror.
(a)
General Municipal Law § 104-b, Subdivision 2, Paragraph
(e) requires that the policies and procedures "require justification
and documentation of any contract awarded to other than the lowest
responsible dollar offeror, setting forth the reasons such an award
furthers the purpose of this section."
(b)
Any time a purchase is made from other than the lowest responsible
vendor or contractor submitting a quotation or proposal, there must
be justification and documentation of the reason why the purchase
was in the best interest of the County and otherwise furthers the
purposes of GML § 104-b.
(c)
For example, if a vendor submitting the lowest proposal has
a history of not making deliveries on time or of delivering goods
of inferior quality, such facts might be justification for taking
other than the lowest offer, but such decision must be documented
with facts and the vendor must be given an opportunity to be heard
as to the objection prior to awarding the contract to a different
vendor.
(8)
Where formal bidding procedures are not required by laws or regulation,
quotations are solicited.
A.
As a public owner, Albany County has the right to choose any selection
process for professional services, unless restricted by applicable
statute. NYS Finance Law § 136a, requires all state agencies
to procure professional architectural engineering and surveying services
using qualification-based selection (QBS). Federally funded projects
also require utilization of the QBS process for the procurement of
professional architectural, engineering and surveying services. NYS
General Municipal Law § 104-b acknowledges that some services
are not best procured by the competitive bid method in that it allows
the latitude or option for local governments to adopt separate procurement
procedures such as QBS.
B.
Therefore, notwithstanding any previous requirements, in those instances
when Albany County receives federal and state funds to procure professional
design/surveying services, QBS shall be an exception to the RFP process.
When utilizing QBS, the County will establish evaluation criteria,
solicit statements of qualifications from interested firms, develop
a short list of three to five firms, investigate references, jobs,
invite for oral interviews, interview and rank the firms, establish
contract terms, ask for a fee proposal and, if agreeable, enter into
a formal contract.
C.
The QBS format only applies to services anticipated to exceed $25,000.
A.
Competitive bidding proposals are not required under General Municipal
Law § 103 in those limited situations when there is only
one possible source from which to procure goods and services required
in the public interest, such as in the case of certain patented goods
or services or public utility services (see, gen, 1986 Opns St Comp
No. 86-25, p 41). Thus, for example, if a political subdivision, acting
in good faith and without intent to arbitrarily inhibit or restrict
competition, determines that a particular patented item is required
in the public interest and it is further determined that such item
is available only from one source, competitive bidding may not be
required for the procurement of the item.
B.
The following are examples of circumstances which could justify a
sole-source purchase:
(1)
The compatibility of proposed equipment accessories or replacement
parts to existing equipment is essential and the required item is
available from only a single supplier.
(2)
An item for trial, testing or teaching purposes is available from
only a single supplier.
(3)
A one-of-a-kind item is sold only on a "direct from manufacturer"
basis.
(4)
Proprietary software which is licensed by a company and sole support
is only provided by that company.
C.
In making these determinations, the department head should be prepared
to show, among other things, the unique benefits of the patented item
as compared to other items available in the marketplace; that no other
item provides substantially equivalent or similar benefits; and that,
considering the benefits received, the cost of the item is reasonable,
when compared to conventional methods. In addition, the department
head should be prepared to document, as a matter of fact, that there
is no possibility of competition for the procurement of the goods.
D.
The New York State Comptroller's Office, Division of Municipal Affairs,
required that any municipal officers executing sole-source documents
should be prepared to "factually verify that the goods or services
sought may only be obtained from a single source."
E.
The sole-source justification form should not be confused with a
standardization resolution. Where a standardization resolution dictates
which brand may be purchased of a particular item, a sole-source designation
dictates from whom that item may be purchased (i.e., simply because
a resolution exists standardizing IBM brand equipment does not necessarily
mean that IBM Corporation is the only distributor/vendor who has the
ability to sell those items).
F.
To initiate a sole-source purchase, the requesting department must
submit a sole-source justification form (see Exhibit C[1]). This form must be accurately filled out and contain
the name and address of the vendor; a complete catalog number, manufacturer
and description of all sole-source items; and bear the original signature
of the department head.
[1]
Editor's Note: Exhibit C is on file in the County offices.
G.
Upon receipt of the fully processed sole-source justification form,
the Purchasing Division will verify that the requested item or service
is available from only one supplier, in accordance with statutes permitting
sole-source procurement. If there is any doubt, the Purchasing Division
will contact additional vendors or seek bids if the dollar value is
anticipated to exceed the $10,000 or $20,000 bid limits.
H.
No official or employee shall be interested financially in any contract
entered into by the County. This also precludes acceptance of gratuities,
financial or otherwise, by the above persons, from any supplier of
materials or services.
A.
It is important to distinguish between contracts for public works
and purchase contracts, as these items are not defined in the General
Municipal Law. This distinction is especially important because there
is a difference between the bidding thresholds.
B.
In general, purchase contracts involve the acquisition of commodities,
materials, supplies or equipment, while contracts for public works
involve services, labor or construction. Many times, contracts involve
both goods and services and it is difficult to determine which bid
limit to apply. Each procurement must be reviewed on a case-by-case
basis and determination must be made as to what kind of contract is
involved. As a general rule, if the contract involves a substantial
amount of services, such that it is the focal point and the acquisition
of goods is incidental, it will be considered a contract for public
works. Conversely, if services or labor are only minimal or incidental
to the acquisition of goods, it is considered a purchase contract.
C.
For example, a contract for interior painting of a building involves
both material (paint) and labor (painting). In most instances, the
labor component of the contract will be predominant, making it a contract
for public works.
A.
A "service" is considered to be any job where a final cost cannot
be determined before the repair or service is made.
B.
Where comparable estimates can be obtained, repairs/services will
be issued a purchase order.
C.
As examples, advertising, shipping charges and motor repairs that
cannot be predetermined will be processed as services.
A.
Subdivision (4) of General Municipal Law § 103 set forth
an exception to bidding requirements for emergency situations and
provides as follows:
|
"Notwithstanding the provisions of subdivision one of this section,
in the case of a public emergency arising out of an accident or other
unforeseen occurrence or condition whereby circumstances affecting
public buildings, public property or the life, health, safety or property
of the inhabitants of a political subdivision or district therein,
require immediate action which cannot await competitive bidding, contracts
for public work or the purchase of supplies, material or equipment
may be let by the appropriate officer, board or agency of a political
subdivision or district therein."
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B.
Accordingly, there are three basic statutory criteria to be met in
order to fall within this exception:
(1)
The situation must arise out of an accident or unforeseen occurrence
or condition;
(2)
Public buildings, public property or the life, health, safety or
property of the political subdivision's residents must be affected;
(3)
The situation must require immediate action which cannot await competitive
bidding. Even when a governing board passes a resolution that a public
emergency exists, the public interest dictates that public purchases
are made at the lowest possible cost, seeking competition by informal
solicitation of quotes or otherwise, to the extent practicable under
the circumstances.
C.
The Office of the State Comptroller has suggested that, to meet these
criteria, there generally must be a present, immediate and existing
condition which is creating an imminent danger to public or private
property or the life, health or safety of the residents and which
makes further delay to comply with competitive bidding requirements
unwarranted (1981 Opns St Comp, No. 81-224, P 241). Further, in as
much as General Municipal Law § 103(4) provides that the
emergency must arise out of an accident or unforeseen occurrence,
it is doubtful that a local government may invoke the emergency provisions
in a situation which is the result of inaction or dilatory behavior
on the part of officials and which, therefore, could have been foreseen
(1978 Opns St Comp No. 78-780, unreported; see Rodin v Director Purchasing,
38 Misc 2d 362, 238 NYS2d d).
D.
Note that, even in an emergency situation, it is in the public interest
that purchases be made at the lowest possible cost (Orange Paint v
Scaramuccia, 59 AD2d 894, 399 NYS2d 52). Thus, the political subdivision
should seek competition by informal solicitation of quotes or otherwise,
to the extent practicable under the circumstances.
E.
The law cannot be circumvented by a declaration of an emergency which
is caused by lack of planning on the part of a department. A "sudden"
emergency arising from the gradual deterioration of a piece of equipment
or an out-of-stock condition of a routine supply item will not withstand
legal scrutiny.
F.
The requesting department should contact the Purchasing Agent for
the determination that the situation qualifies as an emergency.
G.
When circumstances support an emergency purchase, the requesting
department should attempt to locate a source for the goods or services,
with the Purchasing Division's assistance. An attempt should be made
to obtain the lowest price from a vendor or contractor who will best
meet the requirements. When the supplier and the price have been established,
the department head or designee will call the Purchasing Division
for emergency purchase procedures.
H.
The County Legislature is empowered to designate an "emergency purchase"
or "emergency project," and may waive normal bidding requirements.
If the emergency designation is approved and certified by the County
Legislature, the requesting department will submit to the Purchasing
Division all original backup information, such as the vendors' or
contractors' proposed contracts or proposals, quotations, letters,
etc.
Departments will notify the Comptroller's Office of the complete
cancellation of a purchase order, so that the encumbrance may be liquidated.
A.
General.
(1)
The County's Central Supply has various office supplies in stock
for use by all Albany County facilities. Central Supply regularly
purchases items in large quantities at the lowest possible cost to
Albany County. All departments are mandated to use the supplies in
Central Supply whenever possible. Orders from Central Supply are entered
as requisitions in the MUNIS financial system.
(2)
Personnel in each department who manage and order the department's
supply needs should be made aware of the possibility that items may
have to be substituted, quantities reduced or items back-ordered.
As per Resolution No. 15, dated January 10, 1994, the Albany
County Legislature has discontinued the practice of requiring vendor
certification on claim forms for all goods purchased, but will continue
the use of these forms for services and public works projects. There
are currently three types of claim forms in use within Albany County.
A.
Goods purchased. The Purchasing Division will supply these claim
forms to the departments after the requisition has been converted
to a purchase order. The claim forms can be processed by the department
as soon as the invoice has been received.
B.
Services. Vendor certification is still required for any service
that has been provided to Albany County. If the Purchasing Division
issues a purchase order for the service, claim forms will automatically
be mailed to the vendor. If the service does not require a purchase
order it will be the responsibility of the individual department heads
to get claim forms signed by the vendor who is providing the service.
C.
Public works projects. It is the responsibility of the department
head to have the proper claim form and vendor certification in order
to have payment made. These claim forms must be paid by Albany County
in 45 days.
Under the new County Charter adopted January 1, 1994, a contracts administrative board was formed, consisting of the County Executive, Chairperson of the County Legislature and the County Clerk. Pursuant to Article 13, Sections 1301 and 1302, of the Albany County Charter, the contracts administrative board was formed for the purpose of simplifying, clarifying and centralizing the approval process for contracts.
A.
County Executive. For contract approval, the County Executive is
empowered to approve and execute contracts in amounts up to $19,999.99.
B.
Board of Contract Administration. The Board of Contract Administration
is empowered to approve contracts between the amounts of $20,000 and
$99,999.99, or such higher amount as may be established by local law.
C.
County Legislature. The County Legislature is empowered to approve
contracts for execution by the County Executive in amounts over $100,000,
in addition to those mentioned in Section 208(l) of the Albany County
Charter.
A.
Albany County recognizes that the use of procurement cards is a practical
alternative to the use of purchase orders or petty cash for high-volume,
low-value purchases. The purpose of the procurement card program shall
be to streamline and simplify the requisitioning, purchasing and payment
process for small-dollar transactions.
B.
Therefore, the Albany County Division of Purchasing, after consultation
with the County Executive, County Comptroller and Commissioner of
Management and Budget, is authorized to implement policies and procedures
for the use of procurement cards for the purchase of goods or services.
Such program shall be designed to shorten the approval process and
reduce the paperwork or procurement procedures such as purchase orders,
petty cash, check requests and expense reimbursements. Notwithstanding
this authority, such policies and procedures must include the following
provisions:
(1)
Each transaction shall be limited to $200. This limit may only be
exceeded with prior written approval of the Purchasing Agent or his/her
designee. The limit may also be exceeded when used for approved out-of-County
travel; however, the limit may only be exceeded for airplane fares,
vehicle rental and other actual travel expenses.
(2)
A procurement card(s) may not be used for the following:
(3)
Materials and information to be provided.
(a)
Each department which requests a procurement card(s) must provide:
[1]
Written documentation of how each card will be used;
[2]
An estimate of any time and/or monetary savings generated through
the use of each procurement card(s);
[3]
A written description of the types of transactions that will
be made with each procurement card(s);
[4]
Identification of the employee who will be authorized to use
each procurement card and an explanation as to why such employee should
be authorized to use a procurement card.
(b)
Such materials and information must be provided for each procurement
card issued to a department.
(4)
Internal controls.
(a)
The Division of Purchasing shall also develop internal controls
for each department to ensure proper use of each procurement card(s).
These internal controls shall include the following:
[1]
Dollar limits on each transactions (not to exceed $200).
[2]
Total monthly spending limits.
[3]
The number of transactions allowed per specified time period
(limit may be daily, weekly or monthly).
[4]
Security measures to prevent theft, loss or unauthorized use,
including procedures for obtaining, safeguarding and returning cards.
[5]
A system that tracks expenditures as they occur. Such system
must give up-to-date information on purchases and funds expended.
[6]
The types of goods and services that are not authorized for
procurement card purchases.
(b)
Such materials and information must be provided for each procurement
card issued to a department.
(5)
The issuance of any procurement card(s) to a department must be approved
by the Commissioner of Management and Budget and the Purchasing Agent.
(6)
Prior to the issuance of any procurement cards, the Commissioner
of Management and Budget and the Purchasing Agent shall determine
the maximum number of procurement cards that may be issued to each
department and the maximum number of procurement cards that may be
issued.
(7)
Procurement card(s) must be kept in a secure (locked) location when
not in use.
(8)
Only one employee shall be authorized to use each procurement card.
Such issuance to a specific employee must be approved by the employee's
department head and the Purchasing Agent. Any unauthorized purchases
made with a procurement card shall be the responsibility of said employee.
Said employee must sign an acknowledgment and disclosure form prior
to receiving a procurement card.
(9)
All procurement card purchases must receive prior approval by the
employee's department head or his/her designee(s).
(10)
Any misuse of the procurement card or misrepresentation while
using a procurement card shall require the immediate suspension of
all procurement card privileges by the relevant department. Any misuse
of the procurement card or misrepresentation while using a procurement
card shall be grounds for discipline up to and including termination
of employment.
(11)
Each employee who is authorized to use a procurement card must
reconcile their procurement card statement and purchases at least
twice each month in order to verify that all charges are proper and
the correct amounts have been charged. The Purchasing Agent shall
determine the dates when such reconciliation statements must be submitted.
The employee who is authorized to use a procurement card and his/her
department head or his/her designee shall sign the reconciliation
statement to indicate approval and that all charges are proper and
the correct amounts have been charged. Such reconciliation must include
receipts for each use of the procurement card and a brief description
of the good or service purchased. Original receipts, invoices and
credit slips from each purchase must be provided for reconciliation
and audits. Photocopies shall not be acceptable. These documents should
be attached to the appropriate monthly statement and retained for
review. An approved out-of-County travel form must also accompany
any receipts for expenses incurred during out-of-County travel. Upon
request, an additional detailed and written explanation must be provided
for any use of a procurement card.
(12)
It shall be the responsibility of each employee who is authorized
to use a procurement card to contact the vendor and/or procurement
card issuer directly regarding any discrepancies between the receipt
and statement. The Purchasing Agent and Commissioner of Management
and Budget must be notified of any discrepancies.
(13)
The department head and/or the Purchasing Agent may suspend
or revoke the privilege of any employee to use a procurement card
at any time. Further, the Purchasing Agent, with just cause, may suspend
the privilege of procurement card use for any department. For the
purposes of this program, the term "just cause" includes, but is not
limited to, failure to comply with procedures, policies and guidelines
regarding the use of a procurement card(s).
(14)
The Purchasing Agent shall conduct a periodic review of each
procurement card and supporting documentation and departmental procedures
on a continuous basis to ensure compliance. The Purchasing Agent shall,
after consultation with the County Comptroller and Commissioner of
Management and Budget, develop and promulgate the practices and procedures
for conducting these reviews. Failure to comply or cooperate with
an audit may result in the suspension or revocation of the privilege
of any employee or department to use a procurement card(s).
(15)
In addition to the provisions contained herein and those implemented
by the Purchasing Agent, a department head may implement additional
rules regarding the use of procurement cards. Such additional rules
shall not supersede those policies and procedures implemented by the
Purchasing Agent or contained herein.
The Purchasing Division participates in the CRPG (Capital Region
Purchasing Group) e-procurement system. This system provides one centralized
bidding and registration system for vendors as a single point of contact
with broader access to new business opportunities throughout our community.
This new system, developed in conjunction with a local company, BidNet,
allows the County and other local municipalities to post invitations
to bid, informal quotes, request for proposals, construction notices,
addenda and awards all on one centralized system. This type of system
will save County taxpayers money, expand economic opportunities for
businesses throughout the County, reduce time spent acquiring goods
and improve the customer service levels of the County purchasing function.
A.
A contract should be used in all instances; however, a purchase order
may be used in place of a contract for purchases of basic commodities,
equipment or goods.
B.
All professional services and consultants require a contract. Notwithstanding
this requirement, a purchase order may be used for professional services
and consultants when the price does not exceed $19,999.99 and at least
two of the following exceptions exist:
(1)
There
is an immediate threat or danger to the health and safety of employees
and/or citizens;
(2)
The
service is required to respond to a County emergency; or
(3)
The
service is required to comply with the Americans With Disabilities
Act or other law, rule or regulation intended to protect employees
in the workplace.
A.
Albany County shall allow bidders to submit bids electronically pursuant
to the dictates of General Municipal Law § 103, as amended
by L. 2003, ch. 62, Part X, §§ 4, 5, and the rules
and regulations governing such bids (including 9 NYCRR 540). Electronic
bidders are presumed to understand and comply with their obligations
pursuant to these laws and regulations, as amended.
B.
The County shall not be held responsible for any problems caused
by the receiving device that interrupt, delay or prevent receipt of
such electronic bid in a timely fashion or by a failure of the electronic
bidder to meet its obligations under federal, state or local law.
C.
To ensure receipt of an electronic bid, bidders are strongly advised
to confirm receipt by the Department of Purchasing.
Upon a department head making the determination that an item
or items of personal property are no longer necessary for public use,
the Purchasing Agent may utilize an electronic auctioning service,
eBay or equivalent service provider, to dispose of said property without
notification of the official publications of the County.
[Added 11-13-2017 by Res.
No. 430-2017]
In accordance with federal regulations, as amended, nonfederal
entities, when procuring property and services under a federal award,
shall follow 2 CFR 200.318, General Procurement Standards, through
2 CFR 200.326, Contract Provisions.
