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HomeMy WebLinkAboutAdmin Policy (4.18.2023)- Purchasing Procedures.pdfCALIFORNIA Administrative Policy and Procedure Number: F14 Department: Finance Effective Date: 4/18/23 ew Date: 4/18/26 Revised Date(s): City Manager Sig nature___.,,=,..__-r-,,-....,,__ _____ _ Purchasing Procedures 1.Purpose 1 .1 This document is established pursuant to the Diamond Bar Municipal Code sections 3.24 and 3.25 with the intent to establish clear and efficient purchasing procedures. These Purchasing Procedures are intended to supplement, not replace, the Municipal Code. If there is conflict between the two, the Municipal Code shall prevail. The City's purchasing process is decentralized, with departments and divisions responsible for purchasing/contracting to fulfill assigned roles in City operations. At the core of this responsibility is to ensure that the procurement of goods and services is completed ethically, achieves the best value for the city, follows an open, fair, and competitive process, and complies with all applicable laws. 2. Definitions 2.1 Bid Request -written documents used to solicit competitive proposals, identifying the goods, services, specifications, and/or terms and conditions of the purchase. It can take a number of forms, including a simple request for quotation to a Request for Proposals intended for a more complex purchase. Template Bid Request forms are available and should be used for all purchases. 2.2 California Uniform Public Construction Cost Accounting Act (CUPCCAA) - a voluntary program that allows participating agencies to utilize force accounts and/or alternative purchasing and bidding procedures for contracts to complete public works projects. The City has elected to be subject to the provisions of CUPCCAA. 2.3 Force Account -Work performed on public works projects by City staff or City-owned or controlled supplies, equipment, materials, etc. 2.4 PlanetBids -the City's online procurement platform. 2.5 Project Manager-the individual responsible for making the purchase. 2.6 Public Works Project -projects involving construction, alteration, demolition, installation, or non-routine general maintenance. General maintenance work, like minor repainting, resurfacing of streets at less than one inch, and Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 1 of l l landscape maintenance are not considered public works projects. Refer CUPCCAA provisions for more information. 2.7 Purchasing Agents -Department Directors have the authority to make purchases of supplies, services, property, and equipment with a value less than $10,000. The Public Works Director has purchasing authority up to $45,000 for Public Works projects (See DBMC 3.24.040(b)(2); DBMC 3.25.020). 2.8 Purchasing Delegates -Division Managers, or other individuals approved by the City Manager and filed annually with the Finance Director, have the authority to make purchases of supplies, services, property, and equipment with a value less than $5,000 (See DBMC 3.24.040 (b)(3)). 2.9 Purchasing Manager-The City Manager is the Purchasing Manager and has authority to procure goods, services, and professional services with a value less than $45,000 and Public Works projects with a value less than $175,000. 3.Purchasing Procedures in Brief 3.1 The purchasing procedure you'll use will depend on what you are buying and the amount you are spending. Generally, purchases fall into one of three categories: 1) services, supplies, property, and equipment, 2) professional services, and 3) public works projects. The table below provides examples of purchases in each category. Purchasing Examples Services, Supplies, Professional Public Works Projects Property, & Equipment Services Office supplies, special Attorneys Street beautification work events decorations Janitorial & Landscape Engineers Construction of facilities Maintenance Contract Class Accountants Curb ramp installations Instructors Land and buildings Graphic Park improvements Designers Vehicles and heavy Election Painting of buildings machinery Consultants 3.2 If you're buying things like office supplies, maintenance services, land or property, or vehicles/heavy machinery, use the table below to determine which procedure you'll use (See DBMC 3.24.050; Table 3.24A). Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 2 of 11 Bidding Requirements - Supplies, Services, Property, and Equipment Amount Less than $5,000 to less $10,000 to less $45,000 $5,000 than $10,000 than $45,000 or more Approval Agent or Agent/Dept Manager City Authority Delegate Head Council Procedure Quote Informal Informal Formal PlanetBids Not Not required, Not required, Required required but but recommended recommended Minimum Bids 1 3 3 3 Requisition/PO No Yes Yes Yes Bid Posting No No Minimum No Minimum 1 O Days Period Minimum 3.3 If you're buying services from an individual or firm possessing a high degree of professional skill or expertise, like attorneys, engineers, accountants, or graphic designers, use the table below to determine which procedure you'll use (See DBMC 3.24.070; Table 3.24B). Bidding Requirements -Professional Services Amount Less than $45,000 $45,000 or More Approval City Manager City Council Authority Procedure Informal Formal PlanetBids Not required, but Required recommended Minimum Bids 3 3 Requisition/PO $5,000 to $45,000 Yes Bid Posting No Minimum 10 Days Period 3.4 If you're managing a public works project, like street rehabilitation work or park enhancements, use the table below to determine the purchasing procedure you'll use (See DBMC 3.25.020; Table 3.25.03A). Bidding Requirements -Public Works Projects Amount Less than $60,000 $60,000 to $200,000 or $200,000 More Approval City Manager or City Manager City Council Authority Public Works Director Procedure Quote Informal Formal Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 3 of 11 Notice Inviting Not required Bids Planet Bids Not required Bid Posting No minimum Period Requisition/PO No Encumbered Yes Contract Notice of City Manager Completion 4.Purchasing Fundamentals 4.1 Plan Ahead Required Required Not required, Required but recommended No minimum 14 Days No No Yes Yes City Manager City Council 4.1.1 Make sure funding has been appropriated in the correct budget. Do not proceed with a purchase unless funding is available in the line­ item budget. 4.1.2 If the purchase is for a public works project, make sure the plans and specifications have been approved by the Public Works Director or City Council. 4.1.3 Make sure there is enough time to publicly solicit bids for the appropriate time period. 4. 1 .4 Identify and consider any qualified local vendors. 4.1.5 Make sure the Information Systems Department has approved the proposed purchase of any network or internet-capable hardware or software. 4. 1 .6 Make sure recycled materials are considered as part of the purchase (if applicable and financially feasible). 4.2 Develop the Bid Request 4.2.1 Using the appropriate Bid Request Form, supply potential vendors with the information necessary to provide the most responsive bids. When drafting the request, be as exact as possible when conveying the specific products and/or services desired, the scope of work and timelines expected, or the plans and specifications of the project. Remember, the bid request will be the primary basis for choosing the lowest responsible bidder. Keep in mind, answers to posted questions do not impact the ability to select vendor. Utilize the requirement section for essential components for acceptable bids. Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 4 of l l Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 5 of 11 4.5 Award the Purchase 4.5. 1 Determine if an exception to the bidding requirements is needed (See Section 5 below & DBMC 3.24.090). Once you have identified the lowest responsible bidder, notify all bidders of the results. 4.5.2 Make the recommendation for award by commencing the purchasing approval process. Use the tables above to determine the approval requirements. Nearly all purchases of $5,000 or more will require a Requisition/Purchase Order to encumber the funds in MUNIS. Contracts should only be used to encumber funds in Munis when the vendor's contract requires withholding retention (almost exclusively Capital Improvement Projects). 4.5.3 Then, enter the requisition or contract encumbrance request into the Munis approval workflow to be reviewed for budgetary appropriation and compliance with purchasing procedures. Make sure the request includes the following backup information: 4.5.3.1 Bid Evaluation and Award Form. 4.5.3.2 Bid Request Form. 4.5.3.3 All vendor bid proposals received. 4.5.3.4 Executed contracts and/or amendments (if applicable). You do not need to attach insurance forms and Contract Routing Forms to a fully-executed contract in MUNIS. 4.5.3.5 City Council report/minutes (if the purchasing approval was granted via minute order) 4.5.3.6 W9 (must be provided to Finance to establish a new vendor in the Munis system before a Requisition can be processed) 4.5.4 Upon approval in the Munis workflow, the requisition or contract will cause the encumbrance of funds and you may proceed with the purchase. Click here for a step-by-step guide to requesting a requisition in Munis. Click here for a step-by-step guide to encumbering a contract in Munis. 4.5.5 POs are to be annual in nature and not amended via a change order to be continued to the next Fiscal Year. A PO change order is to be used for the current Fiscal Year only. A new PO should be entered for the next Fiscal Year. 4.5.6 Open Purchase Orders Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 7 of 11 4.5.6.1 An open purchase order is used to purchase supplies from a specific vendor on an as-needed basis when the quantity and/or variety of goods have not yet been determined. 4.5.7 Change Orders to a Requisition/Purchase Order 4.5.7.1 Modifications to the approved Purchase Order or contract encumbrance amount, project scope, and/or funding source require approval prior to purchase. To request a modification, complete the change order request in Munis. Once submitted, the Change Order request will re-enter the approval workflow. Upon approval by the appropriate authority, the Purchase Order or contract encumbrance will be revised and re-released by the Finance Department and the purchase may commence. Click here for a step-by-step guide to processing a change order in Munis. 4.5.8 Contingencies/Change Orders to an Encumbered Contract 4.5.8.1 Approved contingency amounts shall be processed when needed via change order in Munis. If a change order that requires the use of the approved contingency amount is necessary, route the contract change order for approval and execution. Once executed by the City Manager, give the contractor notice to proceed with the change order. Then, process the change order to the encumbered contract in Munis, attaching the executed contract change order or amendment. Click here for a step-by-step guide to processing a change order to an encumbered contract in Munis. 4.5.9 Cumulative Amounts 4.5.9.1 When submitting a requisition request, it is important to check your department's purchasing history with the vendor. The cumulative amount of all departmental purchases during the fiscal year with that vendor will determine purchasing authority/dollar threshold requirements. 4.5.10 Notice to Proceed 4.5. 10. 1 To inform the vendor that the purchase has been approved and is ready to commence, issue a Notice to Proceed. For purchases of supplies, services, property, equipment, and professional services, use the approved requisition as a de facto Notice to Proceed by providing it to the vendor. For Public Works projects, use the template here. Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 8 of 11 4.5. 11 Rejecting a Bid 4.5.11.1 Bids may be rejected at the City's discretion. If all bids are to be rejected, notify bidders in writing using the template here. 5. Purchasing Exceptions 5. 1 In the course of purchasing, there may be situations in which the standard bidding procedures do not apply or cannot be implemented (See DBMC 3.24.090). If one of the following occurs, identify and briefly justify the exception on the Bid Evaluation and Award Form. Consult with your Department Director and City Manager prior to approving or awarding any bid that requires an exception. This information will be approved by the purchasing authority prior to entering into Munis as the requisition request proceeds through the approval workflow. 5.2 Request an exception when you receive less than three responsive bids (informal and formal bidding requirements only). 5.3 Request an exception for a Sole Source purchase. A Sole Source purchase occurs when: 5.3. 1 Goods and services are available from only one vendor. 5.3.2 Goods and services have design or performance features essential to the requesting Department where no other source satisfies the requirements. 5.3.3 Goods and services are patented or proprietary. 5.4 Request an exception when using a cooperative purchasing program. The Municipal Code requires that the City Council approve all cooperative purchasing agreements by resolution. Cooperative purchasing is eligible only when the baseline contract is still in effect by the cooperative agency. Unless specifically allowed by State or Federal law and approved by the City Attorney, Public Works projects or materials for use in a Public Works project may not be procured using cooperative purchasing programs. 5.5 Request an exception in an emergency situation that poses an immediate threat to public health, or safety including, but not limited to a public disaster or breakdown of machinery or an essential service. While standard bidding requirements are waived in an emergency situation, purchases must be subsequently ratified by the approving authority based on the applicable purchasing authority threshold. 5.6 Purchasing cards/CAL Cards are purchasing cards issued by the Finance Department for the purchase of small dollar, low value purchases that would otherwise be inefficient using standard purchasing procedures. Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 9 of 11 Examples include, but are not limited to: small supplies, online orders, travel expenses, etc. CAL Card purchases may not exceed individual purchasing limits or requisition/purchase order thresholds. Refer to Administrative Policy F2 for more information. 6.Contracts 6.1 When making a purchase, the Project Manager is responsible for negotiating and preparing contract terms and collecting any required contract documentation (proof of insurance/additional insured endorsement, performance and/or payment bonds, etc.). In most cases, the use of standard form agreements (with modifications for the specifics of your purchase) will suffice. Do not hesitate to contact the City Attorney's office with questions prior to routing for approval and execution. Once the contract is fully executed, you are responsible for providing a copy to the vendor. Click here to access the Staff Guide to Preparing Contracts. 6.2 Multi-year Contracts 6.2.1 For multi-year contracts, requisition approval thresholds are determined by the total not-to-exceed amount for the term of the contract, along with the requesting department's authorized budget. When determining the appropriate approval threshold for your purchase, do not factor in optional extension periods not included in the original not-to-exceed amount until they are formally exercised. 6.2.2 If an existing and approved contract is amended, you do not need to attach all previously approved bid documents to the request in MUNIS. Simply attach the executed contract and amendment. 7.Managing and Processing Payments 7.1 Departments/divisions are responsible for processing payments, maintaining all required purchasing records, vendor relations, and ensuring that the vendor meets established terms and conditions over the full life cycle of the purchase/project. 7.2 Upon receipt of the invoice from the vendor, make sure it is: 7.2.1 Clearly labeled "Invoice". 7.2.2 Is dated. 7.2.3 Contains a unique Invoice Number and any related PO or Contract number. Separate invoices shall be submitted for each PO or Contract. Departments are to confer with the Finance Department when this is not feasible and will be advised on how to "break up" an invoice prior to entering it into Munis. Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 10 of 11 7.2.4 Contains a verifiable description of the goods/services rendered, including locations of work performed when applicable. 7.2.5 Contains an accurate payment amount for the work/goods provided in that invoice period. 7.3 Submit the invoice for payment in•Munis. Click here for a step-by-step guide to processing a payment in Munis. 8.Further Information 8. l For further information about these procedures, contact the Finance Director. 9.Exhibits 9. l Purchasing Process - Quick Reference 9.2 Bid Evaluation and Award Form 9 .3 Bid Request Form - Cost Proposal 9 .4 Bid Request Form - Contract/Professional Services 9.5 Bid Request Form - Public Works Project 9.6 Notice to Proceed Template 9 .7 Notice of Completion Template 9 .8 Bid Rejection Letter - Template 9.9 Authorized list of Purchasing Delegates (contact Finance for this document) Administrative I Policy Fl 4 Effective Date: 04/18/2023 Page 11 of 11