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HomeMy WebLinkAboutbocc.ord.026.2005AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING THE 2005 PITKIN COUNTY PROCUREMENT CODE ORDINANCE #05 - Q� RECITALS 1. The Board of County Commissioners has reviewed and discussed a new Pitkin County Procurement Code, a copy of which is available for inspection and copying by the public at the Deputy Clerk's office at 530 E. Main, Aspen. 2. The Board finds that the 2005 Procurement Code will be a benefit to staff, to contractors who work with the County, and to County taxpayers due to efficiencies within the procurement system as well as savings resulting from the competitive processes provided in the 2005 Procurement Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners that the 2005 Pitkin County Procurement Code is hereby adopted. This 2005 Pitkin County Procurement Code replaces all prior procurement codes, and this ordinance repeals all prior ordinances and resolutions addressing prior procurement codes, including, but not limited to, Ordinance No. 056-2001 and Resolution No. 201- 2002. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 25`h DAY MAY 2005. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE %q� DAY OF 2005. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 8' DAY OF JUNE 2005. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE JgM DAY OF JUNE 2005. Y ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 4t&A - a�w- Patti Kay-Cla er, Chair Date: Q(e - [ d -oS 2 APPROVED AS TO FORM: John Ely Hilary Fletcher Smith Count ey County Manager Pi 2005 PITKIN COUNTY PROCUREMENT CODE Adopted by Ordinance 05 - ARTICLE 1 - GENERAL PROVISIONS 1-101 PURPOSES, RULES OF CONSTRUCTION (1) Interpretation. This code shall be construed and applied to promote its underlying purposes and policies. (2) Purpose. The purpose of the Pitkin County Procurement Code is to provide procurement procedures that will promote competition and maximize the purchasing power of public funds, increase organizational effectiveness, efficiency and accountability, and assure fair and equitable treatment of all persons participating in County procurement. 1-102 APPLICATION OF THIS CODE (1) General Application. This code applies only to contracts solicited or entered into after the effective date of this Code. (2) Application to County Procurement. Unless specifically exempted, this code shall apply to each expenditure of public funds irrespective of their source, including federal assistance monies, by this County. In addition, this code shall also apply to rights to use county property for commercial or private purposes for one year or more. Nothing in this Code or in regulations promulgated hereunder shall prevent any governmental body from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement. (3) Exemptions to County Procurement. The following are exempt from the requirements of this code: a. licenses, permits, easements, and leases or other rights to use County real property for one year or less for commercial or private purposes; b. leases for County affordable housing; c. sale or purchase of real property; d. professional services of legal counsel and expert witnesses; e. sole source procurements as described in Section 3-104; f. small purchases as described in Section 3-103; g. emergency procurements as described in Section 3-105; h. outside agency bids as described in Section 3-106; i. disposition of Surplus County property; and j. grants or contracts (intergovernmental agreements) between the County and other governments. 1-103 EFFECTIVE DATE AND REPEAL OF PRIOR CODES This code is effective as of July 8, 2005 and repeals all prior codes. 4 1-104 DEFINITIONS The words defined in this Section shall have the meanings set forth below whenever they appear in this Code: (1) Construction means the process of building, altering, repairing, improving, or demolishing any fixed public asset, including without limitation any public structure or building, roads, sidewalks, parks, lighting, and landscaping. It does not include the routine operations or routine maintenance of existing structures, buildings, real property or other fixed assets. (2) Contract means all types of County agreements, regardless of what they may be called, for the Procurement or disposal of assets, supplies, services, or construction. (3) Contractor means any person having a contract with a governmental body. (4) Designee means a duly authorized representative of a person holding a superior position. (5) Goods are personal property or materials, including without limitation, supplies, equipment, parts, printing and other tangible end products. (6) Governmental Body means the Board of County Commissioners of this County. (7) Grant means the furnishing or receipt by the County of assistance, whether financial or otherwise to or from any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; a contract resulting from such an award is not a grant but a procurement contract. (8) Person means any entity, business, individual, union, committee, club, other organization, or group of individuals. (9) Procurement means buying, purchasing, renting, leasing, or otherwise acquiring or disposing of any property, Goods, Service, or Construction. It also includes all functions that pertain to the obtaining or disposing of any property, Goods, Service or Construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (10) Procurement Officer means any person authorized to negotiate and to administer County Procurement. (11) Prove means all County property, including but not limited to equipment, materials, documents, water rights, insurance, supplies, and leases of one year or more of real property, excluding land or permanent interests in land. (12) Proposer means any Person submitting a proposal to the County in response to a request by the County. (13) Request for Proposals means all documents utilized for soliciting proposals. (14) Request for Qualifications means all documents utilized for soliciting qualifications for contractors. (15) Responsible Proposer means a Person who has the capability to perform fully the contract requirements. (16) Selection Committee — a group of not less than three individuals designated to review proposals and recommend a selection from the participants. (17) Services mean the furnishing of labor, time, or effort by a contractor, other than a consultant, not involving the delivery of a specific end product or for which the end product component is minimal in relation to the services component. (18) Surplus County property means property that is scheduled for replacement, has outlived its useful life, or is otherwise no longer needed in or for County operations. 1-105 PUBLIC ACCESS TO PROCUREMENT INFORMATION Procurement information shall be a public record to the extent provided by law and shall be available to the public as provided by law. Confidential data, if identified as such by the Proposer, will be held confidential upon request, if the request is made as part of the Proposal and if the County Attorney determines that the data meets the requirements for confidentiality under the Colorado Public Records Act. ARTICLE 2 - PROCUREMENT ORGANIZATION 2-101 AUTHORITY AND DUTIES OF THE COUNTY MANAGER Except as otherwise provided in this Code, the County Manager or Designee shall have the authority and responsibility to promulgate regulations, consistent with the Code, governing the Procurement, management, control, and disposal of any and all Goods, Services, and Construction to be procured by the County. The County Manager or Designee shall consider and decide matters of policy within the provisions of this Code. The County Manager or Designee shall have the power to audit and monitor the implementation of 5 Procurement regulations and the requirements of this Code. Policy determinations, current internal operating procedures, and interpretations by the County Manager or Designee shall be maintained by the Manager's Office in a Procurement Code Policy Book. The County Manager also has responsibilities in emergency procurements, as set forth in Article 3, and in appeals, as set forth in Article 4. 2-102 COUNTY PROCUREMENT OFFICERS Many purchasing functions are decentralized in Pitkin County, with employees in the various departments responsible as Procurement Officers for the purchasing decisions. ARTICLE 3 - SOURCE SELECTION AND CONTRACT FORMATION Part 1 -Source Selection 3-101 METHODS OF SOURCE SELECTION Unless otherwise authorized by law or exempt from this Code, all County contracts shall be awarded by one of the methods in this section. 3-102 PROPOSALS FROM PRE -QUALIFIED CONTRACTORS (1) Conditions for Use. When the only criteria for selection are price and timeline, a contract may be entered into using a pre -qualification process. (2) Request for Qualifications/Disqualification Process. At least annually, a Request for Qualifications may be advertised for contractors to submit qualifications for advertised types of Construction, Goods, and Services desired by the County. A committee will evaluate and weigh submitted qualifications and a master list of qualified contractors shall be maintained. For purchases that do not qualify as Small Purchases that will be using the pre -qualification process, the County will advertise and qualify contractors for a period of time prior to the solicitation of Proposals. The Procurement Officer or County Manager shall have the authority to disqualify any bidder or contractor who has defaulted on quotations or awarded contracts, and remove them from the qualified contractor's list. (3) Use of Pre -qualification Process a. Request for Proposals. Proposals specifying the scoring criteria for price and time line shall be solicited from the approved list of qualified contractors. No other criteria will be considered. b. Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing Proposers during the process of negotiation. c. Discussion with Responsible Proposers and Revisions to Proposals. Discussions may be conducted with responsible Proposers to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Any such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there I shall be no disclosure of any information derived from proposals submitted by competing Proposers. d. Award. Award shall be made to the Proposer whose total score is highest considering the selection criteria of price and time line. The contract file shall contain the basis on which the award is made. 3-103 SMALL PURCHASES Any Procurement not exceeding an amount determined by the County Procurement Operations Policy may be made in accordance with small purchase procedures. 3-104 SOLE SOURCE PROCUREMENT A contract may be awarded for Goods, Services, or Construction without competition after the Procurement Officer determines in writing with appropriate approval that there is only one source for the required Goods, Services, or Construction. 3-105 EMERGENCY PROCUREMENTS Notwithstanding any other provision of this Code, the County Manager may authorize emergency Procurements when there exists a threat to public health, welfare, or safety under emergency conditions, provided that such emergency Procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. 3-106 OUTSIDE AGENCY BID A Procurement Officer may award a contract for Goods, Services, or Construction on the terms and to the Contractors that have been selected by the State of Colorado or other governmental jurisdiction through a competitive procurement process. 3-107 COMPETITIVE SEALED PROPOSALS -REQUESTS FOR PROPOSALS (RFP) (1) Conditions for Use. Contracts shall be awarded by competitive sealed proposals whenever no other method of source selection is applicable. (2) Requests for Proposals. Proposals shall be solicited through a Request for Proposals. The solicitation shall include a proposed contract for the proposal received. A bid bond may be required if it is determined to be in the best interest of the County. (3) Public Notice. Adequate public notice of the Request for Proposals shall be given a reasonable time prior to the date of the opening of the proposals. (4) Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing Proposers during the process of negotiation. (5) Evaluation Factors. The Request for Proposals shall state the specific scoring criteria to be used in selecting the winning Proposer. (6) Discussion with Responsible Proposers and Revisions to Proposals. Discussions may be conducted with Responsible Proposers to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Proposers. (7) Award. Award shall be made to the Responsible Proposer whose total score is highest considering all selection criteria. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. 3-201 CANCELLATION OF REQUESTS FOR PROPOSALS A Request for Proposals or other method of selection may be cancelled, or any or all proposals may be rejected in whole or in part when it is in the best interest of the County. 3-301 CONTRACT PERFORMANCE AND PAYMENT BONDS (1) When Required - Amounts. The County shall require performance and payment bonds in an amount no less than that required by state law. (2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the County to require a performance bond or other security in addition to those bonds, or in circumstances other than specified in Subsection (1) of this Section. 3-401 CONTRACT CLAUSES AND THEIR ADMINISTRATION The County Attorney's office has approved standard contracts for the County. Procurement Officers may vary the clauses in approved contracts in accordance with internal County policy. ARTICLE 4 - APPEALS 4-101 AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS (1) Right to Protest. Any actual or prospective Proposer or contractor who is aggrieved in connection with the solicitation or award of a contract shall protest to the County Manager or Designee. The protest shall be submitted in writing within 5 days after such aggrieved person knows or should have known of the facts giving rise thereto, or within five days of receipt of notice to a non -winning Proposer, whichever first occurs. (2) Authority to Resolve Protests. The County Manager or Designee shall have the authority to settle and resolve a protest of an aggrieved Proposer or contractor, actual or prospective, concerning the solicitation or award of a contract. (3) Written Response from Procurement Officer. In connection with any written protest, the County Manager or Designee shall provide a copy of the written protest to the Procurement Officer whose solicitation or award is the subject of the protest. The Procurement Officer shall submit to the manager within a reasonable time a written response to the protest, including relevant documents from the Procurement Officers file. 9 19 (4) Decision. If the protest is not resolved by mutual agreement, the County Manager or Designee shall promptly issue a decision in writing. The decision shall: (a) state the reason for the action taken; and (b) inform the protestant of the right to appeal as provided in this Article; (c) advise the protestant of the amount of bond necessary for the appeal. (5) Notice of Decision. A copy of the decision under Subsection (4) of this Section shall be mailed or otherwise furnished promptly to the protestant and to the Procurement Officer. (6) Finality of Decision. A decision under Subsection (4) of this Section shall be final and conclusive, unless the protestant appeals administratively to the Board of County Commissioners acting as the Procurement Appeals Board. 4-102 CREATION OF THE PROCUREMENT APPEALS BOARD The Board of County Commissioners shall act as the Procurement Appeals Board. 4-103 DECISIONS OF THE PROCUREMENT APPEALS BOARD The Procurement Appeals Board shall issue a decision in writing signed by the parties or take other appropriate action on each appeal submitted. A copy of any decision shall be provided to all parties and the County Manager. 4-104 JURISDICTION OF THE PROCUREMENT APPEALS BOARD Within 7 days after receipt of notice of a decision under Section 4-101, a contractor, prospective or actual, or Proposer may appeal the Manager's decision to the Procurement Appeals Board by submitting a notice of appeal to the County Manager. No other appeals are permitted. 4-105 RECORD ON APPEAL Upon receipt of the notice of appeal, the County Manager or Designee shall promptly prepare the record on appeal for review by the Board. The record on appeal shall consist of the written protest, the documents in the Procurement Officer's file used in response to the protest, any written decision of the County Manager or Designee, and the notice of appeal. This record on appeal shall be submitted to the Board, and no other evidence may be considered on the appeal. 4-106 SECURITY REQUIREMENT At the time an appeal to the Board is filed, it must be accompanied by cash or security in a form satisfactory to the County Attorney to cover the County's costs in defending the decision and the County's costs for delay in initiating the purchase or contract. The security shall be in an amount determined by the County Attorney, payable to or for the benefit of the Board of County Commissioners of Pitkin County, Colorado. The full amount of cash security, without interest, shall be refunded, and any other form of security cancelled or released, in the event of a successful appeal. 10 1 4-107 DECISION ON APPEAL Within 15 days of receipt of the record on appeal, the Board shall decide the appeal. The action of the County Manager or Designee shall be upheld by the Board unless the Board determines that the County Manager or Designee acted arbitrarily or capriciously. The decision will be memorialized in a written resolution, and shall be final upon adoption. 4-108 REMEDY FOR A SUCCESSFUL APPEAL In the event an appeal is successful, the sole remedy shall be to re-initiate the procurement process. ARTICLE 5 — OTHER PROVISIONS 5-101 CONFLICT OF INTEREST No Procurement Officer shall participate directly or indirectly in a procurement when the Procurement Officer knows that: (a) the Procurement Officer or any member of his/her immediate family has a financial interest pertaining to the procurement. Immediate family means a spouse, significant other, children, parents, brothers or sisters; (b) a business or organization in which the Procurement Officer, or any member of the Procurement Officer's immediate family, has a financial interest pertaining to the procurement; or (c) any other person, business, or organization with whom the Procurement Officer or any member of his/her immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. In addition to this conflict of interest provision, certain specified County employees, members of the Board of County Commissioners, County Hearing Officers, and County citizen board members are subject to conflict of interest provisions in the Pitkin County Home Rule Charter and/or the Standard of Conduct. All employees are also subject to the Employee Handbook. 5-102 COMPLIANCE WITH FEDERAL OR STATE REQUIREMENTS When procurement involves the expenditure of federal or state assistance or contract funds, the Procurement Officer shall comply with applicable federal or state law or Grant conditions. 5-103 SEVERABILITY Should any one or more sections of this Procurement Code be judicially declared invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining sections of this Procurement Code, the intention being that the various sections are severable.