All purchases made by the county, except from
petty cash and except for emergency purchases, shall be made by issuance
of a properly executed purchase order or by a duly executed contract.
A.
Purchase descriptions, specifications, plans and drawings
shall state only the actual minimum needs of the county and shall
describe the required supplies, services, equipment or capital improvement
projects in a manner which will encourage maximum competition. Purchase
descriptions and specifications shall set forth the essential physical
and functional characteristics of supplies, services, equipment or
capital improvement projects to be purchased. As many characteristics
as are necessary to express the minimum requirements of the county
should be utilized in preparing purchase descriptions, specifications,
plans and drawings, such as:
(1)
Common nomenclature.
(2)
Kind of material, i.e., type, grade, etc.
(3)
Electrical data.
(4)
Dimensions, size or capacity.
(5)
Principles of operation.
(6)
Restrictive environmental conditions.
(7)
Intended use.
(8)
Equipment with which the item is to be used.
(9)
Method of testing, inspection and acceptance.
(10)
Other pertinent information that further describes
the supplies, services, equipment or capital improvement project.
B.
Purchase descriptions and specifications shall not
be written so as to specify a product or a particular feature of a
product peculiar to one manufacturer and thereby preclude consideration
of a product manufactured by another company, unless it is determined
that the particular feature is essential to the county's requirements
and that similar products of other manufacturers lacking the particular
feature would not meet minimum requirements. Generally, the minimum
acceptable purchase description shall be the identification of a requirement
by use of a brand name followed by the words "or equal." Standard
specifications shall be utilized to the maximum extent possible for
repetitive requirements of supplies, services, equipment or capital
improvement projects common to the needs of more than one (1) agency.
[Amended by Bill No. 93-13]
No purchase of supplies, services, equipment
or capital improvement projects shall be made for any agency of the
county in excess of available unencumbered appropriations or allotments
applicable thereto. Except for purchases in an amount of not more
than $100 and emergency purchases, no purchase order or contract shall
be executed or payment made out of county funds for purchase of supplies,
services, equipment or capital improvement projects unless the County
Treasurer or his designee shall first certify that the funds for the
proposed purchase are available. (See also Section 520 of the Charter).
[Added by Bill No. 92-36]
A.
No payment of county funds shall be made for any alteration
or demolition of a historic property, as defined in Section 267-60.1
of this Code, unless:
B.
Notwithstanding Subsection A of this section, if the Director of the Department of Inspections, Licenses, and Permits and the County Health Officer determine that the property constitutes an immediate danger to the health, welfare, and safety of the public, county funds may be expended for the demolition or alteration of the property.
No contract shall be awarded to any contractor
unless the contract contains provisions obligating the contractor
not to discriminate in any manner against any contractor, employee
or applicant for employment because of race, creed, color or national
origin and further obligating the contractor to include similar provisions
in all subcontracts, except subcontracts for standard commercial supplies,
equipment or raw materials.
When bids or quotations are received on supplies
or equipment of domestic origin versus foreign origin, price, quality,
service and warranty being relatively equal, the domestic product
shall be purchased.
[Added by Bill No. 91-53]
A.
The county shall not enter into or renew a contract
the performance of which requires the use of tropical hardwood or
tropical hardwood products, unless the Director determines that:
B.
A person submitting a bid to provide supplies or contractual
services to the county shall submit with the bid a written certification
that no tropical hardwood products are to be supplied to the county
or used in connection with the contractual services.
C.
A bid that does not contain the certification required by Subsection B of this section is not complete and shall be rejected by the awarding authority.
D.
A person submitting a bid to provide supplies or contractual
services to the county shall not falsely certify in the bid that tropical
hardwood products are not to be supplied to the county or used in
connection with the contractual services.
[Amended by Bill No. 77-62; 10-16]
Except where prohibited by state or federal
laws or rules or regulations, purchasing from vendors, contractors
and consultants or professional services whose place of business is
physically located in the County is considered to be in the best interest
of the County, and such purchases shall be made from local vendors,
contractors and consultants, provided that price, quality and service
are equal to that which can be obtained from vendors whose place of
business is located outside of the County.
[Added by Bill No. 88-45]
A.
HANDICAPPED
SHELTERED WORKSHOP
(1)
(2)
(3)
(4)
As used in this section, the following terms shall
have the meanings indicated:
An individual with a physical or mental disability that prevents
the individual from currently engaging in normal competitive employment.
An entity that is:
Operated in the interest of handicapped individuals;
Certified as a sheltered workshop by the Wage
and Hour Division of the United States Department of Labor;
Accredited by the Division of Vocational Rehabilitation
of the State Department of Education; and
Exempt from taxation under 26 U.S.C. § 501(c)(3).
B.
A county contract for the purchase of janitorial services
shall be awarded to a sheltered workshop, if the workshop's bid does
not exceed the bid of the lowest responsible nonworkshop bidder by
more than twenty-five percent (25%).
[Added by Bill No. 92-13]
A.
When supplies or contractural services are purchased
through the bid process established by this chapter, the county may
give a preference to the local bidder who is the lowest responsible
local bidder if:
(1)
A bidder whose principal place of business is in another
county or state is the lowest responsible bidder;
(2)
The other county or state gives a preference to its
local bidders; and
(3)
A preference does not conflict with a federal law
or grant affecting the purchase of the supplies or contractural services.
B.
A preference given under this section shall be identical
to the preference that the other county or state gives to its local
bidders.
Under certain circumstances, the county's equipment
requirements may be more economically filled by rental rather than
purchase. The decision to rent rather than purchase shall be made
by the Director of Procurement after consultation with the head of
the using agency on a case-by-case basis, and rental should be used
where it would be in the county's best interest. Criteria to be considered
in each case shall include but not be limited to:
A.
The duration of the county requirement; i.e., where
such requirement is of short duration, purchase might be costlier
than rental.
B.
The probability that the equipment will become obsolete
and that replacement within a short period will be necessary.
C.
The special or technical nature of the equipment,
when the lessor may provide the equipment as well as maintenance and
repair services at a lower cost than would otherwise be available
to the county. A lease for a term greater than one (1) year's duration
shall not be entered into without the approval of the County Council.
Contracts and purchase orders normally involve
commercial warranty provisions which are standard or customary in
the trade. Warranties other than normal commercial warranties shall
be used only when it is found by the Director of Procurement to be
in the best interest of the county after considering such factors
as:
A.
Nature of the item being purchased and its end use.
B.
Cost of the warranty.
C.
Criticality of meeting specifications.
D.
Damages to the county that might be expected to arise
in event of a defective performance.
E.
Cost of correction or replacement in absence of a
warranty.
F.
Administrative cost and difficulty of enforcing the
warranty.
[Amended by Bill No. 10-11]
Liquidated damages provisions may be used in
contracts under such circumstances that time of delivery or performance
is such an important factor that the County may reasonably expect
to suffer damages if the delivery or performance is delinquent and
when the extent or amount of such damages would be difficult or impossible
to ascertain or prove. When a liquidated damages clause is used, the
contract shall set forth the amount which is to be assessed against
the contractor for each day of delay. The rate of assessment of liquidated
damages must be considered on a case-by-case basis and reasonably
fixed with reference to probable actual damages. Determination to
use liquidated damages provisions in a contract and determination
as to rate of assessment of liquidated damages shall be made by the
County Attorney after consultation with the using agency. Liquidated
damages provisions shall be included in all contracts of $100,000
or more.
The contract-awarding authority, with the approval
of the County Attorney, may waive informalities and irregularities
in bids submitted if such irregularities do not violate any applicable
provisions of any rules and regulations or law if such action is considered
to be in the best interest of the county.
[Amended by Bill No. 10-16]
Except for emergency purchases, the Board of Estimates shall have the responsibility for awarding all contracts that are in an amount of $50,000 or more, shall award all contracts that are awarded under § 41-28 that are in an amount of $25,000 or more and shall approve all purchases, sales or leases of real property. All other contracts shall be awarded by the County Executive or the Director when such authority is delegated to the Director by the County Executive in writing and shall be posted on the County’s website.
A.
Generally. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof
shall exceed $25,000, shall be purchased by formal, written contract
from the lowest responsible bidder after due notice inviting bids.
[Amended by Bill No. 93-13; 10-16]
B.
Notice inviting bids.
(1)
Publication in newspaper. Notice inviting bids shall
be published at least once in at least one (1) newspaper in the county
and at least ten (10) days preceding the last day set for the receipt
of bids.
(2)
Scope. The newspaper notice required herein shall
include a general description of the articles to be purchased or sold
and shall state where bid blanks and specifications may be secured
and the time and place for opening bids.
(3)
Prequalified bidders' list. The Director shall also
solicit sealed bids from a representative number of responsible prospective
suppliers who have requested their names to be added to a prequalified
bidders' list, which the Director shall maintain, by sending them
a copy of such notice as will acquaint them with the proposed purchase
or sale. 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. Failure
to notify prospective suppliers on the vendors' or bidders' list shall
not invalidate any bids or contracts.
(4)
Posting on bulletin board. The Director shall also
advertise all pending requests for proposals or sales by a notice
posted on the public bulletin board in the County Office Building.
C.
Bid deposits. When deemed necessary by the Director,
bid deposits shall be prescribed in the public notices inviting bids.
Unsuccessful bidders shall be entitled to return of the posted surety
where the Director has required such. In addition to any other damage
incurred by the county by the successful bidders' refusal to enter
into the contract, a successful bidder may be required to forfeit
any surety required by the Director upon failure on his part to enter
a contract within ten (10) days after notice of the award is sent
to him, unless extended by the county.
D.
Bid opening procedure.
(1)
Bids to be sealed. Bids shall be submitted sealed
to the Director and shall be identified as a bid for a specific contract
on the envelope.
(2)
Time and place of opening. Bids shall be opened in
public at the time and place stated in the public notices.
(3)
Tabulation. A tabulation of all bids received shall
be posted for public inspection.
E.
Rejection of bids. The contract-awarding authority
shall have the authority to reject all bids, parts of all bids or
all bids for any one (1) or more supplies or contractual services
included in the proposed contract when the public interest will be
served thereby. The awarding authority shall not award a contract
to a contractor who is in default on the payment of taxes, licenses
or other money due the county, regardless of whether or not the contractor
would otherwise qualify as the lowest responsible bidder. Upon determining
that a contract is in default to the county, the Director shall notify
the contractor in writing and shall state the reasons for such default.
A bidder is not in default to the county if he is disputing the alleged
money due by appropriate administrative or judicial proceedings.
F.
Award of contract.
(1)
Authority in Director. The Director shall have such
authority to award and execute contracts as shall be delegated to
him in writing by the County Executive.
(2)
Lowest responsible bidder. Contracts shall be awarded
to the lowest responsible bidder. In determining lowest responsible
bidder, in addition to price, the awarding authority may consider:
(a)
The ability, capacity and skill of the bidder
to perform the contract or provide the service required.
(b)
Whether the bidder can perform the contract
or provide the service promptly or within the time specified without
delay or interference.
(c)
The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(d)
The quality of performance of previous contracts
or services to the county or other owners.
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service.
(f)
The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of
the supplies or contractual services to the particular use required.
(h)
The ability of the bidder to provide future
maintenance and service for the use of the subject of the contract.
(3)
Award to other than low bidder. When the award is
not given to the monetarily lowest bidder, a full and complete statement
of the reasons for placing the order elsewhere shall be prepared by
the Director and filed with the other papers relating to the transaction.
(4)
Tie bids.
(a)
Local vendors. If all bids received are for
the same total amount or unit price, quality and service being equal,
the contract shall be awarded to a local bidder, if the tie bidders
otherwise equally qualify as lowest responsible bidders.
(6)
Performance, payment and maintenance bonds. The Director
shall have the authority to require performance and/or payment bonds
before a contract is entered into, in such amount as he shall find
reasonably necessary to protect the best interests of the county.
The Director of Public Works may require maintenance bonds for capital
improvement projects in an amount and for a duration of time he may
deem appropriate.
(7)
Notification of nonacceptance of bids. The Director
shall notify all persons who submitted bids and were not awarded the
contract that their bid was not accepted.
G.
Capital improvement projects.
[Amended by Bill No. 94-83]
(1)
Plans and specifications. When a capital improvement
project is to be performed by contract, the Director of Public Works
shall prepare or cause to be prepared necessary plans, specifications
and cost estimates for submission to the Director of Procurement.
(2)
Prequalification of contractors for capital improvement
projects.
(a)
The Director shall establish by regulation a
prequalification procedure for the procurement of capital improvement
projects that exceed $100,000.
[Amended by Bill No. 10-16]
(b)
The prequalification procedure established by
the Director shall at a minimum determine whether a prospective bidder
has:
[1]
The experience and skill necessary to perform
the contract;
[2]
The ability to comply with the required or proposed
delivery or performance schedule;
[3]
A satisfactory record of performance;
[4]
The financial resources sufficient to perform
the contract; and
[5]
Previously complied with all laws when fulfilling
a county contract.
(c)
The prequalification procedure established by the Director shall not apply to a capital improvement project procured as an emergency purchase under Section 41-29 of this Article.
(d)
The fact that a person is prequalified does
not make that person responsible.
(e)
A person who is not prequalified shall not be
permitted to submit a bid.
(3)
Invitation to bid and public announcement. Upon receipt
of a properly approved capital improvement project, including plans,
specifications and cost estimates, the Director shall prepare bid
forms, issue invitations to bid and make public announcements as prescribed
in this chapter for formal competitive bidding or professional or
other consultant services.
(4)
Contractor selection. After evaluation of bids and
determination as to the lowest responsible bidder, a contract award
notification letter shall be sent by the Director of Procurement to
the lowest responsible bidder along with contractual documents for
execution by the lowest responsible bidder.
(5)
Contract execution. Unless extended by the county,
the successful bidder must, within 10 days after receipt of contract
award notification letter and contractual documents, sign and return
the contract along with required performance and payment bonds and
other pertinent documents to the Director of Procurement. Upon return
of the documents to the county, the contract shall be executed by
the County Executive or the County Executive's designee.
(6)
Notice to proceed. After the contract has been fully
executed, the Director of Procurement shall provide the contractor
and the Director of Public Works with a copy of the completed contract
and, after consultation with the Director of Public Works and the
Treasurer, issue a notice to proceed to the contractor.
(7)
Contract administration, construction, control and
supervision. The Director shall be responsible for the supervision
of the administration of the contract, and the Director of Public
Works shall be responsible for the supervision of the execution and
performance of all contracts for capital projects constructed for
the county and as agreed upon by and for other using agencies.
H.
Prohibition against subdivision. No contract or purchase
shall be subdivided to avoid the requirements of this chapter.
A.
Generally. Except as provided in § 41-20.1 of this chapter, all purchases of less than the estimated value of $25,000, shall be made in the open market, without advertisement and without observing the procedure prescribed in § 41-26 for the award of formal contracts and in § 41-28 for the award of contracts for consultant and other professional services.
[Amended by Bill Nos. 88-45; 93-13; 10-16]
B.
Minimum number of solicitations. All open market purchases shall, wherever possible, be based on at least three (3) competitive price quotations and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 41-26.
C.
Notice inviting bids. The Director shall solicit price
quotations by direct mail request to prospective vendors and/or by
telephone. For those procurements of under $25,000, price quotations
shall be documented by means such as, but not limited to, electronic
or facsimile transmissions from the vendors which will be retained
in the file. The solicitation of price quotations should be from as
many suppliers as are required to obtain a reasonably complete sampling
of the market. The list of potential suppliers should be rotated,
always including the current source, so that over a period of time
each will be contacted. The solicitation should cover a spread of
multiple quantities sufficient to indicate the price breaks or discounts
for quantity purchases and possible transportation economics.
[Amended by Bill No. 93-13; 10-16]
D.
Recording. The Director shall keep a record of all
open market orders and the price quotations submitted in competition
thereon, and such records shall also be open to public inspection.
E.
Audit. The Director shall periodically conduct an
audit of the open market orders and the price quotations submitted
to the Department. The Director shall retain a written record of the
audit for a period of three (3) years.
[Amended by Bill Nos. 77-26; 77-62]
A.
Generally. Procurement of consultant and other professional
services, except for the employment of special legal counsel pursuant
to Section 403(c) of the Charter, and physicians' services, shall
be through negotiation on the basis of qualification and competence
of the prospective consultant, the technical proposal as to the proposed
work and the price to the county. The procurement of consultant or
other professional services by the county shall be by written contract.
The contract shall contain, among other things:
(1)
A complete description of the services to be performed.
(2)
The time period over which services are to be performed
and completion date.
(3)
The total price to be paid for such services.
(4)
A clause permitting audits of the records of the contractor
as they pertain to specific items of the contract with the county.
Reimbursable expenses, if any, shall be clearly defined in the contract
as to limitations and allowability thereof and shall be expressed
in terms of ceilings. Per diem rates, if any, shall include "not to
exceed" limits. No consultant or other professional services shall
be contracted for on a time or hourly basis unless there shall be
established in the contract a ceiling price for the total services
to be rendered with the contractor assuming the obligation for completion
of all required services at a price not to exceed the ceiling price.
Further, contracts for consultants and other professional services
shall contain provisions requiring approval of the Director of the
department or using agency that is responsible for the administration
of the contract of all proposed subcontractors, consultants or associates.
B.
Qualification questionnaire. The Director of Procurement,
by public advertising, will periodically, but no less than every two
years, require that all firms interested in providing professional
consultant services for the county submit a statement of their area
of interest together with a questionnaire similar to the United States
Government's Standard Form 251 and any other data pertinent to the
description of capabilities of their firm. These submissions will
be maintained under the supervision of the Director. All statements
and other data will be updated annually. During interim periods between
advertisements, the Director shall accept submissions from professionals
and consultants. Pending the next public advertisement, the Director
shall add the names of the new consultants and professionals to the
list. Insofar as possible, the Director shall list in the advertisement
the forthcoming projects and contracts.
[Amended by Bill No. 93-13]
C.
Negotiation procedures. As services for projects are
required, the Director shall appoint a Negotiation Committee of not
less than three (3) members, one (1) of whom shall be the cognizant
using agency head or his designee and two (2) others shall be at the
choice of the Director.
(1)
The Committee shall first prepare a report indicating
the project description, scope of services being sought, funding data,
estimated construction costs and, finally, a list of consultants deemed
eligible. Except where prohibited by state or federal laws, rules
or regulations, the list shall include a representative number of
qualified firms whose principal places of business are located in
the county and will include a total of at least three (3) firms. The
number will depend only upon apparent qualifications and shall be
listed in order of preference. The list will be the result of reviewing
all applicable qualification questionnaires. The report shall state,
insofar as possible, the reasons for the proposed order of preference.
(2)
The report will be submitted to the Director for review
and comment. If the Director disagrees with the report, he shall state
his reasons for the disagreement and make recommendations to the Committee.
If the Director disagrees with the report, the Committee shall consider
his reasons and recommendations, confirm or modify its report and
proceed with negotiations.
(3)
The Committee will negotiate technical and price proposals
with at least the three (3) most preferred firms of those firms listed
in the final order of preference. The Committee shall compare the
proposals with their final report as a basis for negotiations. The
Committee shall negotiate with the selected firms without considering
the order in which they were listed in the Committee's initial report
to the Director.
(4)
After negotiations are completed, the Committee shall
forward their results to the Director for submission to the awarding
authority for selection and awarding of the contract.
D.
Public announcement of contract award. The selection
of a consultant and award of all contracts for consulting and other
professional services shall be made public by posting on a bulletin
board in the County Office Building available to the public information
such as:
A.
By Director. In case of an emergency which requires
immediate purchase of supplies or contractual services, the Director
is authorized to secure at the lowest obtainable price, by open market
procedure as herein set forth or from a single source, any supplies
or contractual services regardless of the amount of the expenditure,
when such purchases are necessary to prevent delays in the work of
the using agency which may vitally affect the life, health or general
welfare of the citizens of the county.
B.
By head of department. In case of an emergency, when
the Director of Procurement is not available to make the required
purchase, the head of any using agency may purchase any supplies or
contractual services needed to prevent delays in the work of the using
agency which may vitally affect the life, health or general welfare
of citizens of the county.
(1)
Recorded explanation. The head of such using agency
shall send to the Director a requisition and a copy of the delivery
record, together with a full written report of the circumstances of
the emergency.
(2)
Emergency procedure. The Director shall prescribe
by rules and regulations the procedure under which emergency purchases
by heads of using agencies may be made.
When the county requires supplies, equipment or services, including consultant or other professional services, which are proprietary with one (1) producer or available from only one (1) source of supply, the Director of Procurement shall appoint a Negotiation Committee as provided for in § 41-28, which shall negotiate with that single source and recommend a contract to the awarding authority.
Services for which the rate or price is fixed
by a public authority authorized by law to fix rates or prices shall
be contracted for without competitive bidding.
[Amended by Bill No. 93-13]
To reduce the administrative work load of the
Department of Procurement and expedite purchase of supplies, the Director
of Procurement may establish blanket order agreements (charge accounts)
with selected suppliers for such commodities as automotive repair
parts, stationery and office supplies and other categories of supplies
as may be determined by the Director of Procurement. Blanket order
agreements shall include instructions as to order placement, dollar
limitations, billing instructions and listing of persons authorized
to place orders. The Director of Procurement shall authorize individuals
assigned to requiring agencies to place orders against blanket order
agreements. The Director of Procurement shall also periodically audit
orders placed against blanket order agreements by authorized individuals
to assure conformance to good purchasing standards.
The Director of Procurement may enter into price
agreement contracts for supplies on which there are repetitive requirements
over a period of time by one (1) or more requiring agencies. Price
agreement contracts shall normally be entered into under the formal
contract procedure herein set forth and shall normally be on a yearly
basis. Orders for specific supplies covered by price agreement contracts
shall be by purchase order issued by the Director of Procurement at
prices indicated in the price agreement contract.
In those instances where it may be impossible to accurately price in advance certain work to be performed, the Director of Procurement shall appoint a Negotiation Committee as provided in § 41-28, which shall negotiate a purchase order or contract which shall state the categories of labor proposed and hourly rates specifically applicable thereto. Material prices shall be fair and reasonable and in line with current market prices. Time and material contracts shall not be used unless the Director of Procurement determines that no other type of contract would be more suitable and in the best interests of the county for the particular requirement. All time and material contracts shall include a maximum price and shall contain a clause permitting audits of the records of the contractor as they pertain to the contract with the county.
A.
Authorized. The County Executive is hereby authorized
to recommend an appropriation to a fund, which shall be known as the
"Petty Expenditures Revolving Fund." From this fund shall be paid
all purchases not in excess of fifty dollars ($50.) each made by the
heads of using agencies for incidentals with the approval of the Director.
B.
Accounting. At the end of each month, the Director
shall render to the County Treasurer a statement showing the actual
expenditures for each using agency so made out of such Petty Expenditures
Revolving Fund, and the County Treasurer shall reimburse such revolving
fund for such expenditures in the same manner as other expenditures
of such using agencies are paid.
C.
Rules and regulations. The Director shall promulgate
rules and regulations for use of the Petty Expenditures Revolving
Fund.
A.
Generally. The Director shall control and supervise
storerooms and warehouses and shall administer the Storerooms Revolving
Fund.
B.
Storerooms Revolving Fund. The County Executive is
hereby authorized to recommend an appropriation to a fund, which shall
be known as the "Storerooms Revolving Fund."
(1)
Accounting procedure. Requisitions from supplies in
a storeroom or warehouse shall be credited by the Storerooms Revolving
Fund by a charge against the appropriation of the using agency.
(2)
Inventory. The Director shall maintain a perpetual
inventory record of all materials, supplies or equipment stored in
storerooms and warehouses.
Purchase agreements and all proposed contracts
shall be reviewed by the Department of Law for legal sufficiency.
It shall be the responsibility of the Department of Law to draft special
clauses for contracts such as, but not limited to, liquidated damages,
warranties, nondiscrimination and other special provisions to protect
the interests of the county.
A.
Inspection by Director. The Director shall inspect
or supervise the inspection of all deliveries of supplies or materials
to determine their conformance with the specifications set forth in
the order or contract.
B.
Inspection by using agency. The Director shall have
the authority to authorize using agencies having the staff and facilities
for adequate inspection to inspect all deliveries made and services
rendered to such using agencies under rules and regulations which
the Director shall prescribe.
C.
Tests. The Director shall have the authority to require
chemical and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and conformance
with the specifications. In the performance of such tests, the Director
shall have the authority to make use of laboratory facilities of any
agency of the county government or of any outside laboratory.
D.
Purchase orders. Inspection and acceptance of supplies,
equipment or services purchased by a purchase order or from petty
cash shall be made by qualified personnel of the requiring agency.
Unacceptable supplies, equipment or services shall be reported to
the Director of Procurement for appropriate corrective action.
A.
Responsibility. With the approval of the County Executive,
the Director shall be responsible for the disposition of surplus,
obsolete and scrap supplies and equipment.
B.
C.
Surplus property listings. All agencies shall, at
the end of each fiscal year quarter, submit to the Director of Procurement
a listing of any property which is surplus to their needs. Following
receipt of these listings, the Director of Procurement shall consolidate
and circularize the surplus items list to all agencies to determine
whether interagency transfer is appropriate and in the best interest
of the county. The listing shall include a full nomenclature of each
item and shall indicate its condition.
D.
Disposal methods. The Director of Procurement, following
circularization of the surplus list to agencies and determination
that transfer is not appropriate, shall either offer surplus property
for sale or exchange for other property of an approximate equivalent
value or shall offer the property as trade-in for the purchase of
similar property, whichever is determined to be in the best interests
of the county. Formal contract procedure shall be utilized for the
sale of property. If transfer, sale, exchange or trade-in is determined
not to be appropriate, the property may be donated to institutions
or public service agencies, if such donation is considered to be appropriate
for the institutions or public service agencies. Otherwise, the property
shall be scrapped and included in a sale to the public along with
other scrap material. Material having no salable value shall be destroyed
by appropriate means conforming to current ecological procedures.
E.
Sales to highest responsible bidder. Sales under this
section shall be made to the highest responsible bidder.
The Director shall, with the approval of the
County Executive, have the authority to join with other units of government
in cooperative purchasing plans when the best interests of the county
would be served thereby.
A.
Files maintained. There shall be maintained in the
Department of Procurement complete files applicable to all purchases
made by the county. Such records shall include but not be limited
to:
(1)
Purchase requisitions.
(2)
Purchase orders.
(3)
Contracts.
(4)
Preaward and postaward documentation and correspondence
pertaining to each purchase order and contract.
(5)
General correspondence files.
(6)
Catalog and pricing information files.
(7)
Bidders' lists.
(8)
Qualification questionnaires for consultant and other
professional services.
(9)
Report files. Records pertaining to purchase orders
and contracts and preaward and postaward documentation shall be maintained
for the current county fiscal year and three (3) fiscal years subsequent
to the year in which the contract is completed. These records shall
be open to public inspection at all times.
B.
Emergency purchases report.
C.
Report of consultant and other professional services
contracts. The Director of Procurement shall submit through the County
Executive to the County Council a monthly report of all contracts
for consultant and other professional services awarded during the
month. Such report shall include:
D.
Additional reports. The Director of Procurement shall
submit any additional reports pertaining to the functions and operations
of the Department of Procurement as may be directed by the County
Executive or the County Council.
