HomeMy WebLinkAbout20192010.tiffCh
ryi Hoffman
From:
Snt: c
Tt
Cc:
Subject:
Attachments:
Hi Cheryl,
Esther Gesick
Tuesday, May 14, 2019 9:56 AM
Cheryl Hoffman
Barb Connolly; Bruce Barker; Elizabeth Relford; Toby Taylor
FW: Chapter 5
ARTICLE _IV Purchasing_Policy 5-14-19.doc
Here is the latest version for you to start drafting the Ordinance. I assume any modifications will be forwarded as the
departments get further direction from the Board.
Thanks!
Esther Ea Gesick
Clerk to the Board
1150 O Street/ P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Barb Connolly
Sent: Tuesday, May 14, 2019 7:43 AM
T : Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: Chapter 5
Here is the code changes after we met with Elizabeth and Toby yesterday. I have accepted the or deleted comments
that were resolved. The remaining are either things that need to get fixed in the formatting process or addressed with
the BOCC as policy decisions.
Let me know if you have questions.
e441 ePti
Barbara Connolly, CPA
eDd County Government
Contr fer and
Pur hasin Director
11500 Street
Greeley, C ', 80631
2019-2010
1
(970) 400-4445
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Bruce Barker
Wednesday, May 08, 2019 11:13 AM
Barb Connolly; CTB
Rob Turf
RE: Chapter 5 Procurement Code Amendments
Esther: Can you all find those in Chapter 2 and include them in this change? Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Barb Connolly
Sent: Wednesday, May 08, 2019 11:11 AM
To: Bruce Barker <bbarker@weldgov.com>; CTB <CTB@co.weld.co.us>
Cc: Rob Turf <rturf@weldgov.com>
Subject: RE: Chapter 5 Procurement Code Amendments
In addition to Chapter 5 there are places in Chapter 2 that we need to change Director of General Services to
Controller. I found in 2-16-40, 2-16-50 and 2-16-60.
Earce eneo€49P,74
Barbara Connolly, CPA
Weld County Government
Controller and
Purchasing Director
1150 O Street
Greeley, C 80631
(970J 400-4445
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Wednesday, May 8, 2019 8:09 AM
To: CTB <CTB@co.weld.co.us>
Cc: Barb Connolly <bconnolly@weldgov.com>; Rob Turf <rturf@weldgov.com>
Subject: Chapter 5 Procurement Code Amendments
See the attached. Disregard the comments on the right margin. Changes shown in strikeout or blue/red language.
Also attached is Appendixes 5-T and 5-U. Table 1 on page 12 needs to be in Appendix 5-V. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
ARTICLE IV - Purchasing PalicyW
Footnotes:
Editor's note— Ord. No. 2015-2 , adopted March 25, 2015, repealed the former Art. IV, §§ 5-4-10-5 4
190, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter
See Disposition of Ordinances Table for complete derivation.
Sec. 5-4-10. - Statement of policy.
A. The Local Government Budget Law of Colorado, Section 29-1-103, C.R.S., provides that each local
government shall adopt an annual budget. Such budget shall present a complete financial plan for
the ensuing fiscal year. It shall set forth all proposed expenditures for the administration, operation
and maintenance of all offices, departments, boards, commissions, and institutions of such local
government, including publicly owned and operated utilities and enterprises. Section 29-1-113,
C.R.S., and Section 14-2 of the Home Rule Charter provide that, before the beginning of the fiscal
year, the Board of County Commissioners shall enact an ordinance making appropriations for the
ensuing fiscal year. The amounts appropriated for the offices, departments, boards, commissions
and other spending agencies shall not exceed the amount fixed therefore in the budget adopted by
the governing body.
B. Section 29-1-110, C R.S., provides that, during the fiscal year, no officer, employee or other
spending agency shall expend or contract to expend any money, incur any liability or enter into any
contract which, by its terms, involves the expenditures of money in excess of the amounts
appropriated. Any contract, verbal or written, made in violation of this Section shall be void and no
moneys belonging to a local government shall be paid on such contract. Subsection 3-8(4)(m) of the
Home Rule Charter provides that all contracts must be approved and executed by the Board of
County Commissioners. The Chair of the Board shall sign all contracts unless otherwise delegated.
C. Section 29-1-115, C.R.S., provides that any member of the governing body of any local government
or any officer, employee, or agent of any spending agency, who knowingly or willfully fails to perform
any of the duties imposed upon him or her, by this Article, or who knowingly and willfully violates any
of its provisions is guilty of malfeasance in office and, upon conviction thereof, the court shall enter
judgment that such officer so convicted shall be removed from office. Any elector of the local
government may file an affidavit regarding suspected malfeasance with the District Attorney, who
shall investigate the allegations and prosecute the violation if sufficient cause is found. It is the duty
of the court rendering any such judgment to cause immediate notice of such removal to be given to
the proper officer of the local government so that the vacancy thus caused may be filled.
D. Accurate records of expenditures and encumbrances must be kept by the Department of Finance
and Administration so that department heads and elected officials can be informed on a timely basis
of expenses and obligations in comparison to the adopted budget of the County. By utilizing a
consistent policy of purchasing procedures, the County's elected officials and department heads will
find it easier to comply with the provisions of the state statutes and the Home Rule Charter.
E. This Article will provide reference for questions that may arise, and will assist in prompt procurement
consistent with economy.
F. The Home Rule Charter provides that Central Purchasing shall establish, maintain and operate the
Central Purchasing Office for the County. Responsibilities of the Purchasing Office shall include the
receipt of quotes and the purchase of supplies, materials, property, equipment, and inventory
pursuant to policies and procedures established by the Board of County Commissioners and in
accordance with the Charter and the laws of the State. The policy of the Department of Purchasing in
the discharge of these duties will include, with the assistance of other departments and agencies, the
1
establishment of reliable and reputable sources of supply, the fostering of competition, and good
procurement practices consistent with timely accomplishment of its goals. All negotiations will be
conducted on the highest level of business ethics. All contact with existing or potential suppliers after
submission of a purchase requisition shall be made by, or with the knowledge and approval of, the
Department of Purchasing or the delegated Department Head (elected official). While establishing
and maintaining satisfactory supplier relationships, the acceptance or solicitation of entertainment,
loans, gifts, or special considerations by any County personnel will not be permitted.
G. Compliance with the provisions of this Article is mandatory. Any provisions which adversely affect
the performance of any department's vital services shall immediately be called to the attention of the
Director of General-.Ser-v-i-cesController or designee.
H. It shall be deemed a violation of this Article for any County personnel to:
1. Violate the Standard of Conduct or the Code of Ethics for a local government official or County
employee as prescribed by Article 18 of Title 24, C.R.S.
2. Knowingly exaggerate requirements for the purpose of temporarily receiving a better price.
3. Knowingly underestimate requirements or deny the existence of a requirement to avoid doing
business with a particular supplier.
4. Knowingly misrepresent a competitor's prices, quality, or services to obtain concessions.
5. Purchase goods or services without proper procedures. ANY GOODS OR SERVICES
PURCHASED WITHOUT PROPER PURCHASING PROCEDURES WILL NOT BE PAID FOR
BY THE COUNTY AND WILL BECOME THE PERSONAL LIABILITY OF THE INDIVIDUAL
MAKING COMMITMENT TO THE VENDOR FOR THE ILLEGAL PURCHASE.
I A Weld County employee or elected official will avoid any activity that would create an actual or
perceived conflict between personal interests and the interests of Weld County. If any of the
following conflicts exist, the employee or elected official shall immediately notify the Purchasi-ng
Di-reGter-Controller or designee and remove himself/herself from the procurement:
1. The employee, or elected official, or any member of the employee's family, has any financial
interest related to a specific Weld County procurement.
2. A business or organization in which the employee, or elected official, or any member of the
employee's family, has a financial interest pertaining to the Weld County procurement.
For the purpose of this section of the Code, "Family" means spouse, child, parent, stepparent, stepchild,
sibling, half -sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law,
grandparent, spouse's grandparent, step -grandparent, grandchild, step -grandchild, foster parent, foster
child and guardian.
J. Any employee found in violation of the provisions of this Section will be subject to disciplinary
actions.
K. The intent of this Article 4 is to comply with the Unit -arm Guidance on general procurement
standards required for local governments using federal funds, set forth in 2 C.F.R. 200.318. A
compliance checklist is contained in Appendix 5-T. The Updated Federal Equal Opportunity Clause is
found in Appendix 5-U.
( Weld County Code Ordinance 2015-2 :: Weld County Code Ordinance 2016-14 )
Sec. 5-4-20. - Relationship with vendor's representatives.
The relationship between the purchaser and the seller is one of mutuality. No contract that proves
unsatisfactory to the vendor can be regarded as totally satisfactory to the buyer. It is the responsibility of
2
the Department of Purchasing and individual departments to establish a relationship of mutual confidence
and satisfaction between the County and its suppliers.
A. The individual departments should not be burdened with unsolicited visits from suppliers. To
avoid this, they should observe the following procedures:
1. All unsolicited vendor's representatives will be referred to, and received by, the Department
of Purchasing; and when necessary for them to talk with department heads or elected
officials, the interview will be arranged by the Department of Purchasing. If an unsolicited
vendor should contact the department directly, he or she shall be immediately referred to
the Department of Purchasing. No unsolicited vendor is permitted in departments unless
approval is received from the Department of Purchasing.
2. The Department of Purchasing will inform or distribute to department heads (elected
officials) any useful information received from interviews, catalogs, advertising, e-mail, etc.
B. During the course of business, it is recognized that the individual departments will need to
conduct analysis of products in regards to quality, costs, flexibility, and applicability. Therefore,
individual departments may solicit visits from supplier(s) for demonstration purposes.
1. Solicited demonstrations or product inquiries can be explored by either individual
departments or the Department of Purchasing.
2. Interactions during these solicitations and demonstrations shall comply with ethical
standards of conduct.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-30. Bid regulations.
A. Section 14-9 of the Home Rule Charter specifies that:
1. The Board of County Commissioners shall adopt bidding procedures for county purchases
which shall assure open and competitive bidding on all county purchases, and the Central
Purchasing Division shall follow the procedures adopted in all county purchases.
2. Bid specifications shall be prepared in such a manner as to invite and encourage bidding from
all suppliers of the goods and equipment being purchased by the County No specifications
shall be submitted to bidders so restrictive in detail as to eliminate any line of competitive
equipment.
3. The County Commissioners shall give preference to resident Weld County bidders in all cases
where the bids are competitive in price and quality.
4. The County Commissioners shall enter in the minutes of the meeting, at which a purchase is
made for other than a low bid, the reason for not accepting the low bid.
5. All purchases in excess of an amount to be set annually by the Board of County Commissioners
by ordinance shall be by written, sealed bid and bids over the amount set annually by ordinance
by the Board of County Commissioners shall be followed by a ten-day period for consideration
and investigation of the bids submitted to determine comparisons of quality and price. The ten-
day waiting period may be waived by resolution of the Board for emergency purchases. The
Commissioners shall accept the bid they find to be most beneficial to the County.
B. Section 30-11-110, C.R.S., specifies that it is unlawful for any board of county commissioners of any
county to accept any bid or make a purchase of any books, stationery, records, printing.
lithographing or other supplies for any officer of its county, from any person, company or corporation
having its manufactory or principal place of business outside the State, when the same can be
procured from some person, company or corporation having its manufactory or principal place of
business within this State and at a net cost which shall not exceed the amount for which such books.
stationery, records, printing, lithographing or other supplies can be procured and delivered to the
3
County by any person, company or corporation having its manufactory or principal place of business
without the State.
C. Section 43-2-209, C.R.S., specifies that:
"Contract for work on highways - advertise for bids. If any board of county commissioners' desires to let
out any work on the county highways by contract, it may advertise in a legal newspaper in the county or
post a notice in the county courthouse, for a period of not less than ten days before the contract is let, for
sealed proposals for performing the work. When a contract for work on highways involves expenditure
equal to, or greater than, the amount at which a contract requires a contractor's bond under Section 38-
26-105, C.R.S., the board of county commissioners shall advertise in a newspaper as provided in this
Section unless such advertisement, in the judgment of the board, would be detrimental to the immediate
preservation of the public peace, health, and safety. The advertisement must describe the work to be
done and its location and must refer all persons to the person holding the plans and specifications
therefore, and such contract shall be awarded to the lowest responsible bidder, the board reserving the
right to reject any bids proffered. The cost of any county highway work mentioned in Sections 43-2-208 to
43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as the board may
determine."
D. The Department of Purchasing shall continually strive to increase competition and obtain new
sources of supply. Bidding shall be open and unrestricted; however, the County shall not be
obligated to solicit bids from every supplier for every requirement. Quotations and bids shall be
based on established standards and specifications whenever possible.
( Weld County Code Ordinance 2015-2 )
See. 5-4-40 - Definition of terms.
The following terms shall be used with the given definitions when used throughout this Section:
A. D pa ment„The term "Department" includes all offices of the Weld County Government.
B. Purchases: The term "Purchases" is defined and categorized as follows:
- _
1. Small Purchases are goods and services for less than $5,000.00.
2. Informal Purchases are those transactions of $5,000.00 and up to $25,000.00.
3. Formal Purchases are those transactions greater than $25,000.00 and must be processed
through the Purchasing Department.
C. Purchase Order: A Purchase Order is a document issued by the Department of Purchasing to a
supplier that specifies the goods or services to be purchased. An official Purchase Order
includes the signature of the Controller.
D. Requisition: A Requisition is a request to the Purchasing Department to purchase specified
goods or services. Requisitions ensure that the purchase is appropriately approved, budgeted,
and that the County is receiving a competitive price. Requisitions should include:
1. Organization making request.
2. Name of originator.
3. Specifications of product/service. An accurate description and specification for every item
listed, including catalog/part/model numbers, size, color, etc., but not so restrictive as to
unduly limit competitive bidding.
4. Estimated cost for each item. If pricing was obtained, the quotation(s) should be noted on
the requisition. Copies of all quotes and other relevant information should be submitted
with the requisition or referenced on electronic requisitions, scanned and emailed, or sent
via County mail.
/141
lisji(jv
I Commented [BC1 ]: Should this now be Public Works?
Commented [BB2R1]: No. Still called that.
Commented [ER3R1}: Does that mean we need to match
the budget book to say Road and Bridge because it was
changed to Public Works Fund. Wouldn't we want to match
it either way?
l
Commented [ER4]: At our last meeting, I thought Bob
said we would not number the definitions but try to stay
consistent with how we do definitions in other chapters of
the code?
5. Quantity needed.
6. Account to be charged.
7. Department Head (elected official) or designee approval.
8. Recommended supplier(s), if known.
9. Delivery. Delivery instructions, stating specifically delivery date and location.
10. Other pertinent information.
�. A-Capital-Con-structi•on-1=?r-o ect is de-frned--as-an-y-new-con-stcuction-rregar-d-Icss--of-cost and
r-ernodef g-er-r-enev-ation-projects-with n-e-sti ated-cost of $25;0 -0Q -or-- o -r -c for-tl e-pcoj-eot
F. Request for Bid (RFB) is a procurement method often referred to as a sealed bid solicitation.
\./Vhen issued, the bid package is considered complete for bidding purposes. Responsiveness
to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will
be eliminated from consideration. Inteuiews-ma-be-eonduc-ted to -determine qualification&
Among -qualified bidders, ILow price is the key consideration by Weld County in awarding and
RFB the contract.
Qualifications -Based Selection (OBS', is a procurement method used for the competitive
""7"selection of architectural, engineering, or similar professional services under which the most
appropriate professional or firm is selected based on qualifications such as knowledge, skill,
experience, and other project -specific factors, rather than on solely fees. OBS is typically
achieved through an in -two qen Taal-steps�RFQ and RFP process. tithe -Q —B -S -process is
used-i-n-contunction-with-State or Federal funding source -s-, the department -will -use -the OBS
scoring form -to _ determine -vendor ranking. If the -CABS process -used wit -funds -other -than
State-er-F-ederal, the -department -w -111 -use -the Best -Value -Scaring form.
G. Request for Proposal (RFP) is a procurement step under -the QualificationBased-Selection
;Q-BS)-p-rec-r-Went-meethed. purchasing process where an advertisement requesting
proposals for work in accordance with the requirements as outlined for a project. RFP
similar to-R-P3-cxcept yo•u arc re -due -sting input from uses -a selection team rather -than -4 -being
solely -that is based on a scope of work. i-s-the-second--QBS- Stec where-p-rospecti-ve-suppl+ers
or consultants- from-the-she#list are -requested -to -submit a proposal-for-the--pcoGur cnent-of
goods, works or services, based -on the -specifications, scope -of -work, or terms -of -reference
instided-in the-solEcitatien-documents: During the selection process, the department uses
interviews and a scoring form to rank suppliers or consultants. The highest ranked firm is
selected and enters into contract. If an agreement to contract cannot be reached, an agency
can negotiate a contract with the second ranked consultant and so on until an agreement is
reached. An-RF-P own--aaaso-based-i-nde-pendently-o-f a OBS-.
H. A Request for Information (RFI) is an advance notice to communicate to potential bidder firms
the County's interest in specific research and development pro.ects. This type of solicitation is
used sometimes to determine the potential bidder interest for a specific procurement. It is
also used as market research to determine whether or not a small business set -aside is
appropriate. T--he-ind-u-str sSometimes refereds to this as sources sought.
5
Request for Qualifications 'RFQ) is a purchasing process procurement step -under the
au-al-ifcation Based SeTectien4Q-B -}-proourern-en-t-method. RFQ is the Tifst-step-ef QBS
where prospective suppliers or consultants respond to the solicitation including the desired
minimum qualifications of the company, firm, or design -builder, a scope of work statement
and general proect requirements. RFQ allows the County to provide a pre-screening step,
so when a Request for Proposal is sought there are fewer proposals to evaluate. RFQ is not
a _ bid 'required step to an REP. Thus, the RFQ becomes a means by which the purchasing
department can add suppliers or consultants to their vendor list or short list. During the
ranking process, the department uses interviews and a scoring form to rank suppliers or
consultants. The top-thfee-to five n+ghest-ran-ked-firms will be placed on a shortlist achieving
the ability to respond to a related RFP. An -R -FO can also be used _ in-dQpendentlistLof a QBS.
I. Sole source. A procurement term employed when there is no competitive marketplace for the
requirement, i.e. the product or service needed is available only from one source.
J. Single source. Procurement of products or services from one selected supplier, even though
there are other suppliers that provide similar products or services. It is at the sole direction of
the county in the interest of compatibility and consistency of goods and services.
K. Design -Bid -Build (DBB) is the traditional project delivery method in which County either
designs or retains a designer to furnish complete design services. Then solicits bids
;advertises' and awards a separate construction contract based on the designer's completed
construction documents. In DBB, the agency "owns" the details/risks of design during
construction and as a result, is responsible for the cost of any errors or omissions
encountered in construction.
L. Design -Build 'DB) is a project delivery method in which the agency procures both design and
construction services in the same contract from a single, legal entity referred to as the
design -builder. The design -builder controls the details of design and is responsible for the
cost of any errors or omissions encountered in construction.
M. Construction Manager at Risk (CMAR) is construction project delivery method in which the
county owner enters into a contract with a Construction Manager. enters into separate
contracts with -the -designer and the builder, often-ater about the same -time-.- During design,
the CMAR advises the owner and designer on constructability, value engineering, cost
estimating, schedule, sequencing, selection of components and materials, and other matters.
When the design is completed, the CMAR using defined or negotiated fees becomes the
builder or general contractor that is responsible or "at risk" for completing construction with
100% of the work being sub -contracted.
N. Construction Manager / General Contractor (CM/GC; A construction project delivery method
in which the countyowner enters into separate contracts with the designer and the builder,
often at or about the same time. During design, the CM/GC advises the owner and designer
on constructability, value engineering, cost estimating, schedule, sequencing, selection of
components and materials, and other matters. When the design is completed, the CM/GC
using defined or negotiated fees becomes the builder or general contractor for the work and
may use subcontractors and/or self -perform the work. The CM/GC does not become a
Construction Manager; instead the county supplies construction management through it's
own staff or a consultant. Typically, CM/GC contracts include both lump sum and pay items
that will be measured and paid for on a unit price basis.
Commented [ER5j: This is a policy decision if the Board
wants the pre-screening to be a required step to an RFP or
not. I recommend not so an REP can occur even without an
RFQ.
O. Low Bid is a procurement method where the county requests a price from multiple sources
and bases the award decision on the lowest priced bid that meets specifications.
P. Lump Sum Price. The lump sum is the simplest and easiest price. Based on specifications,
the contractor estimates their cost to provide the work, adds a profit margin, then proposes
the sum as a price of the pro.ect. Lump Sum requires the proposals to include a fixed, not -to -
exceed lump sum, which shall include all costs that may be paid to the contractor. The
solicitation may include an itemized list of costs, in which case the proposals shall include
itemized costs.
Construction -Agreed —Price —(CAP) is the -total of the direct -cost of -construction -and -the
C-W-GG-Mana_ ernen 'rice Percentage-for--a-s-pecif+c--construction--cache:
-R. Force Account 'FA) refers to construction work performed on proects using its own forces.
The FA may include the use of labor, equipment, materials, and supplies furnished by the
county and used under its contract terms. is a payment method -used for -extra -work -when -the
contractor and -the —County —can —not -agree on a--unit-a-r-ice or -lump -sum amount —or if-efthcr of
those method -s are impracticable- FA may include but are not limited to: Shared Risk
Contingency Pool, CDOT Risk Pool and other traditional force accounts, such as On -the -Job
Training, Incentives, and Fuel Cost Adfustments.
S. Contingency Costs are funds that are held in reserve to deal with unforeseen circumstances.
T. Cost Plus. County agrees to cover the actual expenses of the proect, plus a fee. These costs
include labor and materials, plus other costs incurred to complete the work. The "plus" part
refers to a fixed fee or percentage of total proect. These fees are agreed upon in advance to
cover the contractor's overhead and profit. Cost-plus contracts are "open book," meaning the
County has the right to see exactly what the expenses are.
U. Best Value. See -cede -section -5 4--1-59-C: a proect procurement method where price and
other key factors, such as quality and expertise, are considered in the evaluation and
selection process.
V. Negotiated Price. Negotiated contract prices are fees provided and agreed upon between
the County and the bidder.
W. Guaranteed Maximum Price (GMP). GMP (also known as not -to -exceed price' -is a variance
of the Cost -Plus pricing method where a -ceiling -the contractor guarantees the county will pay
no more than the maximum price is established for the completion of the work.— GMP fees
may include but are not limited to the costs of work, management fees and a contingency fee
to cover risk. GMP for vertical construction contracts are typically executed in two parts. The
first contractagreer-n-ent is for design services and is usually a lump sum or hourly fee. --or
hour- fee: The second contractugree nenf is for actual construction based on the designs
which -and establishes the GMP.-The--secon4- greement-is-sua4 y onaddendu-rn-te-the-fits-t
agreement GMP fees ty-piccaH-ymay include but are not limited tobut-not l4m+tcd to: Design,
Pre -Construction Services, General Conditions, specifications, Construction Management,
Bonds Contingency, and Insurance and Cost of Work, and -Cost of -Work, or other. GMP
contracts are cost -type contracts :also known as an open book-contract,-)includear-e. G -MW
for horizontal-construction-proects-are-typica-1--y-executed as a Lump —Sum -Price
7
Commented [ER6]: Formatting messed up. Need to re -
letter.
X. Best and Final Offer (BAFO` is a tool that can be used during the final evaluation and
negotiation phase of a procurement using an RFP when at least two qualified vendors remain
within a competitive range. BAFO is the vendor's response to purchasing's request for vendor
to submit their most attractive response in order to secure a contract for a particular project.
Y. Unit Prices. Unit pricing is where the contractor simply sets a price for each unit of type of
work, or category of cost.
Z. Time and Materials. The bui4darcontractor is reimbursed for cost incurred and for labor and
materials plus a fee for their profit and overhead.
Emergency Purchases See ---code sect1en 5 4 110.
AA. Progress Payments. Payments shall only be made for work actually completed or
equipment/material received. Progress payments are normally invoiced monthly.
BB. Bid. An offer in response to an Invitation to Bid or an offer in response to an electronic
solicitation from other sources.
CC. Letter of intent (LOD A pre -contractual document, usually in the form of a letter and
sometimes signed by both parties, used to express expectation of contract formation in the
future and to ensure that certain basic agreements are clearly understood by both parties.
When properly drafted, the LOI should create no binding obligation to either party.
DO. Procurement. The acquisition through purchase or lease of real property, good or other
products including intellectual property;, works or services.
EE. Proposal. An offer in response to a Request for Proposal.
FF. Quotation/Quote. An offer in response to a Request for Quotation is a bid. However, if it is in
response to an inquiry, it is simply a statement of price and availability.
GG. Solicitation. Generic term for a request to suppliers to offer a bid, quotation or proposal.
HH. Specifications. A description of the technical requirements for a material, product or service.
Usually referring to the minimum defined requirements for materials or products but can also
relate to the requirements for services or statement of work.
II. Statement of work. Requirement specifications for work assignments outlining the specific
services a contractor is expected to perform, generally indicating the type, level and quality of
service, as well as the time schedule required. Can be accompanied by a BillSummary of
Quantities ;S-BOQ) and/or drawings/designs.
JJ. Stipend. The fee paid to an unsuccessful firm for development of a responsive design -build
proposal, if approved by the BOCC.
KK. Supplier, vendor. An entity that potentially or actually provides goods or other products
(including intellectual property', services and/or works to the organization. A supplier may
take various forms, including an individual person, a company (whether privately or publicly
held, a partnership, a government agency or a non -governmental organization.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-50. - General information.
A. A smooth flow of requisitions, purchase orders, and invoices must be accomplished. Departments
can assist by giving the Department of Purchasing as much time as possible to fill an order. The
Department of Purchasing shall endeavor to complete the order in a reasonable amount of time. If
there are problems or complaints that cannot be worked out between departments and the
Department of Purchasing, the O-ir-ecter-of-General--Ser icesController or designee should be notified.
B. The purchasing agent shall purchase only those supplies, materials, and equipment requested by a
using department. The agent will, however, keep department personnel informed on price changes,
deliveries and other information that is in the best interest of sound County fiscal policy.
C. The Board of County Commissioners may, by motion or resolution, purchase an item of used
equipment which, by its very nature is not biddable as a practical matter.
D. All provisions of the Home Rule Charter prohibiting employees and elected officials of the County
from doing business with the County shall be strictly adhered to in connection with the purchase of
all supplies, services, materials, and equipment by the Department of Purchasing and department
heads.
Departments are encouraged to seek the assistance of the purchasing staff as early in the
acquisition process as possible and as necessary. It is at the beginning of the process that using
departments can realize the major benefits provided by the Department of Purchasing staff, who will
suggest products or services to meet the using department's needs; contact vendors to obtain
literature and set up demonstrations; obtain price and delivery information; and investigate
alternatives, including their advantages, disadvantages, and costs. These services are available to
the using department as soon as it decides to solve a supply problem. Departments should contact
the Department of Purchasing prior to budgeting and/or submitting a requisition.
Special circumstances for negotiated purchases without bid. Purchase Orders and contracts may be
awarded by the Board of County Commissioners without the requirement stated in this Section in
any of the following cases:
1. In the event no bids are received for an item, the D+reetor—oGenerat ServicesController or
designee is authorized to negotiate a purchase on behalf of the County.
2. Service on existing equipment if it is to the County's advantage to obtain parts, repair or service
on existing equipment, its supplies or software from a factory -authorized dealer or
manufacturer.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-60. - Purchasing Processes -- limits and procedures.
These procedures are adopted pursuant to Section 14-9 of the Home Rule Charter. As discussed in
Section 14-9, all purchases shall assure open and competitive bidding. All bid specifications shall be
prepared in such a manner as to invite and encourage bidding from all suppliers. No specifications shall
be submitted to bidders so restrictive in detail as to eliminate any line of competitive equipment. In all
cases, the County shall reserve the right to reject any and all bids_ and-/erThe County strives to select the
bid which is in the best interest of the County.
A. Small Purchases. Purchasing authority has been delegated to the Department head of each
Department for those transactions under $5,000.00 and within their budget. Small purchases do
not require quotes or a purchase order; however, Departments are expected to make purchases
in the best interest of the County. Acquisitions of products and services under $5,000.00 may
be handled three ways:
Commented [ER7]: I believe this is one of the statements
the Feds are using against us because the county may not
really have the ability to reject a bid using federal funds.
1. Submission of a formal requisition request to Purchasing,
2. Use of a procurement card (subject to the limitations of Section 5-4-200), or
3. Invoice generated by vendor for a direct pay.
B. Informal Purchases. Purchasing authority has been delegated to the Department head of each
Department for those transactions between $5,000.00 and $25,000.00 and within their budget.
Departments may request, via a requisition, the Purchasing Department to request quotes and
conduct the transaction. Quotes should be sought to foster fair and open competition and to
achieve maximum economy for the County. The amount of money being spent for the goods or
services should cover a 12 -month period. Quotes should not be awarded, within a 12 -month
period, to the same or similar vendorfsl to avoid doing a Formal Bid.
1. The informal bid process consists of
a. Submission of a formal requisition request to Purchasing or a direct department
solicitation to qualified vendors.
b. Either method should consist of a minimum of three (3) bids (whenever possible) with
results sent to Purchasing to be maintained as a public record. The quotations may be
in writing, e-mail, via telephone, or via facsimile. If by telephone, a complete record of
the transaction must be maintained, to include, as a minimum, the following for each
supplier contacted, including suppliers from whom quotes were solicited, but did not
bid or respond: supplier name, quoted by (name), date of quotation, and quoted price.
c. When using previously obtained bids to purchase products or services, such bids shall
have been obtained within twelve (12) months of purchase.
2. Payment for acquisitions of product and services can be secured through:
a. Purchase order initiated by Purchasing,
b. Use of a procurement card (subject to the limits of Section 5-4-180), or
c. Invoice generated by vendor for a direct pay.
3. If the low bid is found unacceptable because of some factual circumstance, the Department
should write a clear, concise, and factual justification for not accepting the lowest bid.
4. All informal bid prices received shall remain confidential until the award is made. After the
award is made, all information regarding the bid shall be open for public inspection during
regular business hours.
5. In the event items do not meet specifications, the Department of Purchasing or individual
Department may reject the bid or, at its discretion, ask for additional documentation from
the vendor regarding evidence of why the alternate will satisfy the need. If documentation
justifies, the County may invite the vendor to provide a demonstration. Based upon data
and/or demonstration, the Department of Purchasing or individual Department may accept
an alternative bid.
Formal Purchases. All vehicle purchases and purchases,_ over $25,000.00 must go through the
formal bid process. The formal bid procedures may be used for purchases under the amount
established by the annual purchasing ordinance (twenty-five thousand dollars [$25,000.00])
when the best interest of the County so dictates.
1. All bidding shall be in accordance with, and pursuant to, Section 14-9(1)-(5) of the Home
Rule Charter. All purchases in excess of an amount to be set annually by the Board of
County Commissioners by ordinance shall be by written, sealed bid, and bids over the
amount set annually by ordinance (twenty-five thousand [$25,000.00]) by the Board of
County Commissioners shall be followed by a ten-day period for consideration and
investigation of the bids submitted to determine comparisons of quality and price. The ten-
day waiting period may be waived by resolution of the Board for emergency purchases.
The Commissioners shall accept the bid they find to be most beneficial to the County. Prior
10
to advertising for such bids, the purchasing agent shall verify that the purchase is
authorized in the current budget.
2. At the discretion of the Director of General Se+eosController or designee, formal bids may
be advertised in the official county newspaper, except as statutorily required, and may be
advertised in other publications or media, such as an online bid advertisement service.
Such advertisement shall include, but not be limited to, the following:
a. General description of the required commodity or service.
b. The location to obtain required bid documents.
c. Cost of bid documents (if applicable).
d. Amount of bid bond (when applicable).
e. Time and place of bid opening.
f Reservation of the right to: (1) Waive informalities, (2) Reject all bids, or (3) Accept the
proposal deemed most advantageous to the best interest of the County.
3. Invitations to bid shall be sent to all appropriate vendors on the County's vendor list and/or
through the appropriate online bid advertisement service categories. The County may send
invitations to other qualified vendors and/or by advertising on the Internet or through direct
solicitation.
4. When bids are received, they shall be stamped with the date and time received, initialed by
the person receiving them, and filed until opened. After the bids are opened, the proposals
shall be reviewed by the purchasing agent and the department head who initiated the
requisition.
5. All formal bids shall be publicly opened at the time and place indicated in the advertisement
or as specified in the bid documents. If bids are submitted by email or facsimile, the vendor
must include the following statement, "I hereby waive my right to a sealed bid." Bidders are
invited, but are not required, to attend the bid opening.
6. The Department of Purchasing may introduce "other source" bids that serve the best
interest of the County. "Other source" bids are quotes for products and/or services which
are obtained from entities such as on-line sources, direct -buy from manufacturers or
wholesalers, published catalogues, or other sources which may increase competition and
reduce cost.
7. Formal bid review and award. When evaluating bids, consideration may be given, but not
necessarily limited to some or all of the following: price, bidder's previous record of
performance and service (internal/external), ability of bidder to render satisfactory service
in this instance (i.e., training, maintenance and repairs), availability of bidder's
representative to call upon and consult with the end users, quality and conformance to
specifications, delivery schedule, life cycle costs, warranty.
a. The department head and the purchasing agent will make a recommendation to the
Board of County Commissioners. The final award of the bid will be approved by the
Board of County Commissioners. If the low bid is found unacceptable because of
some factual circumstance, the Department should write a clear, concise, and factual
justification for selecting other than the low bid.
b. Per Section 14-9(3) of the Weld County Home Rule Charter, the County
Commissioners shall give preference to resident Weld County bidders in all cases
where the bids are competitive in price and quality.
c. Per Section 14-9(4) of the Weld County Home Rule Charter, the County
Commissioners shall enter in the minutes of the meeting, at which a purchase is made
for other than a low bid, the reason for not accepting the low bid.
11
d. Exceptions to this section include sole source purchases and professional services
approved by the Board of County Commissioners.
8. Best and Final Offer (BAFO). When deemed to be in the best interest of the County, the
Director o enerakSe icesController or designee or the applicable department head may
request a BAFO as a part of any Formal Purchase. Any request for a BAFO should be
made following all pertinent discussions, questions, and all addendums made to clarify full
understanding of, and responsiveness to, the solicitation requirements. Vendors shall be
accorded fair and equal treatment with respect to any opportunity for discussion and
revision of proposals. All pricing and information shall remain confidential until the
successful proposal is accepted by the Board of County Commissioners.
a. Best and Final offers shall be requested in writing. The request shall include:
1. Notice that discussions are concluded.
2. Notice that this is an opportunity to submit a Best and Final Offer.
3. A due date for submission of the Best and Final Offer.
After receipt and analysis of BAFO's, proposals shall be evaluatedevaluated, and a
recommendation made to the Board of County Commissioners in accordance with this
section of the Code.
( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-1 )
Sec. 5-4459. methods -Guidelines for gorrnal-Purchases of -Capital -Construction- eject&
When-p-racucin.g-a-ca-p.Itai construction-p-roject which -is expected to c than $25,0Q-074ocmal
p.ureha-se-pcoeess in Sec. 5 4 60.C w 1 -be used. The elected official or department head or designee will
coordinate with the Purchasing Department to determine the appropriate delivery method, procurement
method, pricing method, and any additional items using "Table 1. Meth-odsGuidelines for r -at
Purchases-of-Gapfta oh-sti-ucti-on Projects" as -a -q -u -i8 -e wh-ich-is found in Appendix 5-V Once the
department head or designee has selected the delivery method, procurement method, pricing method
and additional items for a particular project, they shall be clearly written into the bid specifications so that
R
bV
all parties clearly understand how the bid will be managed and awarded.
Table 1A,r . n garocess.MethGyaarGuidelenes for -Far -4M Purchases
Capital Construct -=e
Commented [BC8]: Make this #9 under formal purchases
vs. a new section
Commented [BC9]: Move to appendix.
J
e
Request for Bid
O
Design -Bid -Build
e
Low Bid
i
0
Disadvantage
(RFB)
O
(DBB)
m
Lump Sum
a
Business
'n¢„r-m-a
Design -Build ''DB)
0
Fixed Contract
Enterprise (DBE)
Purchases
e
Construction
e
Price
Plan
Forte
0
Manager at Risk
Cost -Plus
Bonding
ma-!-ificatios
Purchases
(CMAR
e
Best Value
e
Anti -Collusion
Construction
H
NNeeggoottaaHeedd I
e
Prevailing Wage
Based Selection
Manager/General
0
Guaranteed
0
Taxpayer
+QB-S4
Contractor
Maximum Price
Identification (IRS
12
o Request for
(CM/GC)
G
Best and Final
0
W-9)
Qualifications
B Other
Offer
CDOT Bic'ders List
(RFC
Unit Price
3
Antitrust claims
9 Request for
°
Time and
°
CDOT Ca 3ability
Proposal 'RFP)
°
Materials
6}
Statement
® Sole Source
Price Time
Insurance
° Single Source
®
Quantity
®
Buy America
Other
Alternate Bid
a
Minority and
°
Items
0
Women Owned
Other
Business
Enterprise
Minority Business
9
Labor Surplus
°
Area Firms
Contingency
0
Debarment
0
Verification
On -The -Jab
a
Training (OJT)
Other
Sec. 5-4-70. - Questioned purchase requisitions and purchase order changes.
A. The Director -of --General ServicesController or designee has the right and duty to question any item
on a requisition that may be unnecessary and/or unreasonable.
B. The Director--of-General-SecvicesController or designee has a duty to question increases to purchase
orders to ensure the appropriate change order was obtained.
C. The Di -rector of-GeneFa4-ServicesContreiter or-deciq-nee does not-hewever;-assume the -authority -tom
refuse-to-auhorize the purchase -of the-item-requisitioned-or-the-inorease-in the purchase-ocder.
which is authorized —through —the —Accounting —Department.
CD. Controller or designee has the authority to authorize the purchase of the item requisitioned or the
increase in the purchase order.
DC..CE. In the event of a questioned requisition or purchase order change, the matter will be brought to
the attention of the Board of County Commissioners which, in its capacity, will make the final
administrative determination concerning the purchase.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-80. - Expenditures not requiring a procurement process.
A. It has been determined that it is in the best interests of the County to exempt certain purchases o-
goods or services from the requirements of this code. The following is a list of the expenses which
13
will be processed for payment in the Department of Accounting without a requisition and purchase
order:
1. Notices. Notices placed in newspapers or other publications for any County business.
2. Allocations to outside agencies. Payments made to agencies outside County government for
which an amount was determined at budget hearings. (Nonprofit agencies, libraries, cities, etc.)
3. Auto mileage and personal reimbursements. Reimbursements to County employees or
individuals for expenses paid out-of-pocket. Mileage shall be reimbursed at the current rate per
mile for authorized travel on County business.
4. Fees paid for autopsy services.
5. Dues, meetings and travel expenses. Dues to organizations, registration fees for seminars and
conventions, and expenses incurred while attending seminars and conventions such as hotel
bills, food, cab fare, etc.
6. Education and training expenses. Fees paid to organizations for training of County employees
(including Manpower and other Department of Human Services clients).
7. Expert witnesses. Expert witnesses called by the District Attorney, County Attorney or Sheriff to
testify in the County's behalf.
8. Postage. Stamps, postage -paid envelopes or postcards.
9. Rent payments. Monthly rental payments for office equipment, buildings, vehicles, etc.
10. Telephone. Regular telephone bills or telephone answering service.
11. Transcripts. Transcripts for the District Attorney, County Attorney or other County offices.
12. Utility bills. Monthly charges for electrical, water and gas (including propane) service.
13. Insurance claims. Payment for insurance claims paid out of the Insurance Fund under the
County's protected self-insurance program.
14. Library books, subscriptions, and publications. Publications, books, magazines, or published
materials.
15. Vehicle fuel. Gas, diesel, and propane.
16. Computer support. Computer hardware, software, maintenance, and supplies when
determined by the Director of Information Technology not to be competitive resources
compatible to the County's computer environment.
17. Repair and maintenance agreements for office equipment such as copiers and furniture, etc.
(Exception: When the vendor requires a Purchase Order prior to working on equipment.)
18. Non -routine repairs, maintenance, and service agreements required by the Director of
Buildings and Grounds to maintain County facilities.
19. Towing. Vehicles towed by the Sheriff or emergency towing of County vehicles.
20. Medical and fringe benefit claims. Payment made for insurance claims or flexible benefit
accounts.
21. Photo reproduction.
22. Petty cash. Reimbursements to petty cash funds.
23. Waived items. The Director of General—ServicesController or designee may waive the
requirement for Requisition and Purchase Order when warranted by circumstances.
24. Equipment rental. The Di -rector -of -General S-c-e-sController or designee may approve rentals
of short-term duration not to exceed thirty (30) days or twenty-five thousand dollars
($25,000.00). The Director of Public Works and the Director of Buildings and Grounds may
14
approve rentals of short-term duration not to exceed thirty (30) days or twenty-five thousand
dollars ($25,000.00) for their respective departments. Rental of equipment is subject to the
requirements of Section 5-4-60.B. of this Article. Only the Board of County Commissioners may
approve rentals that exceed thirty (30) days or twenty-five thousand dollars (525,000.00).
25. Medicine and supplies. The purchase of medicines and supplies by the Director of the
Department of Public Health and Environment in cases where criteria other than price are
considered paramount; i.e. safety and quality.
26. Items purchased from current state, federal, GSA or other cooperative contracts.
27. Emergency purchases when:
a. Human life, safety, health, or County property is in jeopardy.
b. Repairs of equipment involving hidden dangers.
c. Repairs are immediately needed for equipment where delay would lead to higher expense.
28. Items which are proprietary (software, etc.).
29. OEM (Original Equipment Manufacturer) requirements for equipment under lease, rental,
warranty or maintenance.
30. Design limitations and compatibility with existing equipment.
31. Professional services that do not lend themselves to competitive bidding. Professional Service
Agreements are contracts with persons or entities which due to their experience, education, and
expertise, provide technical or specialized services. With approval of the Board of County
Commissioners, Professional Services may be obtained without following the requirements of
this Chapter.
32. Ammunition. The purchase of ammunition where criteria other than price are considered
paramount; i.e. quantity, quality, delivery date.
( Weld County Code Ordinance 2015-2 Weld County Code Ordinance 2016-1 )
Sec. 5-4-90. Sole source and Single Source purchases.
Purchases may be exempt from the quote and bid process if there is only one appropriate vendor. Some
equipment designation effectively eliminates competition, so support documentation will be required on
the requisition to explain why only a particular brand or service is acceptable. A -so e source situation
cold -arise because--offcorn-patib+city-with-exi-s-ti-nmequi-pmen-t Sue -to the -fact -that the-preduct or -service -is
patented or Go-py-4ightec A Sole Source procurement is one in which only one vendor can supply the
commodities, technology and/or perform the services required by the County. A Single Source
procurement is one in which two or more vendors can supply the commodity, technology and/or perform
the services required, but the County has selected a system of one vendor over the others by weighing
the options and choosinge a supplier that in good faith best meets the needs in accordance with Sec. 5-4-
160. Such purchases, when identified and justified by the requesting department and upon concurrence
of the-Rumba-sing--Dtr-eetorControllor or Assistant Controllerdesi nee, shall be exempt from the quote and
bid process. The Purchasing Department will maintain records of all sole source ustifications. Any sole
source pu-rchaseor Single Source purchases over S25,000.00 will require approval from the Board of
County Commissioners.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-100. — Cooperative purchasing.
15
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A. The purchasing agent may participate in joint bidding with other public agencies if it is deemed in the
best interests of the County.
B. The Board of County Commissioners can accept any of the state bids without rebidding the same
goods/services at the discretion of the Board of County Commissioners or the Department of
Purchasing.
C. When determined to be in the best interest of the County, the Board of County Commissioners may
select vendors or screen qualifications from other government procurement processes when those
processes meet or exceed those described in this Code.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-110. - Emergency purchases.
A. Only the Department of Public Works, Office of Emergency Management, Department of Public
mtin-i-ca-tien-s Information , andTechnology and Department of Buildings and Grounds are
authorized to make purchases outside regular business hours and then only when failure to do so
would result in cessation of vital services. Emergency purchases must be justified to, and assigned
an emergency purchase order number by, the Department of Purchasing. Purchases not truly an
emergency or abuse of emergency purchases by the above departments will be considered
unauthorized purchases as specified in Paragraph 5-4-10.H.5 of this Article.
As described in Sections 2-15-60 and 2-16-60 of this Code, in the event of activation of the
Continuity of Government (COG) Plan or Emergency Operations Center, all purchasing rules set
forth in this Chapter shall be suspended, subject to Board of County Commissioners review. In the
event the Continuity of Government Plan is activated, the COG TEAM LEADER designated by the
Board of County Commissioners and/or the Weld County Director of Finance and Administration
shall have the authority, subject to Board review, to approve any purchases that are necessary in
order to continue the County government. In the event the Emergency Operations Center is
activated, the Director of the Weld County Office of Emergency Management, the Weld County
Director of Finance and Administration and the Weld County Dir-eetor-of-Gene/--Service-sController
or Assistant Controlleror designee --shall have the authority, subject to Board review, to approve any
purchases that are necessary in order to ensure the continuation of vital services and to continue the
Emergency Operations Center and incident command operations.
Informal purchase. In the event of a County -declared emergency disaster or other warranted
conditions, the Board of County Commissioners may set an alternative amount (found in Appendix 5-
L) for informal purchases in order to expedite the procurement process to speed response and
recovery.
Ten-day waiting period. Per Section 14-9 of the Weld County Home Rule Charter, the ten-day
waiting period for sealed bids and bids over the amount set annually by ordinance (found in
Appendix 5-L) by the Board of County Commissioners may be waived by resolution of the Board for
emergency purchases.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-120. - Procurement by the Department of Information Technology.
The Weld County Department of Information Technology shall purchase all information technology
resources, including, but not limited to, electronic hardware, software, and services for all County
Departments, with except-i-o►a--te—the-lepartm t of Pub-ic--Safety-Ga t lEation-s--as described in Section
5-4-125. All purchases shall be conducted in accordance with the policy and procedures set forth in this
Chapter and in the Information Technology Procurement Policy of Chapter 9, Article IX of this Code. All
non -IT resource purchases, such as furniture, office supplies, etc., shall be purchased by the Department
of Purchasing.
16
(--e-ld--Gaunt Gode Ordinance 2015 2 )
Sec. 5-4 125. Procurement by the -Department of Public Safety -Communications.
-The— eld--Ceuwnty--Departmeni;-of Public Safety -Com un-ica-tiens shall--purc-hasc all ine-r-min
tech -no -logy resou-r-ce-s, inccl-44i-ng; but -not limited to, electronic —hardware se -(ware, and services of -the
Department. Ali--purchase-s--s-h-al-l-be-cend cted-i,n-actord-Once-w-its--t-h-e-poticy-and-pr-oced-ure r -se. , th- in
this Ghapter- Ala -non-IT-resource- purch-a-se-s u-ch as furniture, office-supp-l1•os-etc. shafl-be-pucoh-a-sed-by
the Depatmen-t-of R-,urcha-sing-
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-130. - Procurement by the Department of Human Services.
The Department of Human Services shall procure all needed professional services required by the
Department and as approved by the Board of County Commissioners. Procurement shall be conducted in
accordance with the policy and procedures set forth in this chapter and/or the requirements of any grant,
contract, or other funding requirements. All non-professional services, such as furniture, office supplies,
etc., shall be purchased by the Department of Purchasing.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-140. - Contracts for professional services or independent contractors.
Individuals or compa . d to perform services, independent contract work, or provide goods or
materials, awarded t ugh the fo mal bid process (>S25,000.00), shall enter into a contract approved by
the County Attorne and BOCC?. he Director -of -General Services -Controller or designee may waive the
requirement for a c ct o ase-by-case basis. Contracts may be required by the Director of General
ServieesController or designee for informal purchases (<$25,000.00) on a case -by -case basis.
A. Selection process:
1. The selection of individuals or companies to perform professional services work shall be
conducted in accordance with purchasing procedures described in this chapter. Selection
criteria may vary with each specific service.
2. If the needed service or materials can be provided by other than a sole source, a request
for proposal or request for quote will be made by the Department of Purchasing with
assistance from the requesting department. In the case of a sole source, the Department of
Purchasing will make the determination that no other qualified vendor is available or
practical for use by the County. In cases of a sole source, the reason or reasons for
specifying the sole source must be stated in the signed contract for the record.
B. Contract Establishment:
1. Department employees with designated contract management authority for goods anc
services shall follow the procurement procedures. In addition, the designated department
contract manager or representative shall enter the contract into the contract management
system for review and appropriate signatures. The following are generally required:
a. Review and coordination with the County Attorney to develop the contract which
ensures proper liability indemnification and insurance statements are incorporated.
b. Obtain contractor's legal representative signature on contract.
c. Review and approval by Department Head.
d. Review and approval by the Di-rectorof-General-Se icesController or designee.
17
Yetc--61'
aiiev
e. Review and approval by Director of Finance and Administration, or designee.
f. Coordination with the Clerk to the Board so contract can be presented to the Board for
final approval.
2. Department employees with contract management authority shall ensure the appropriate
certificate of insurance and bonding documentation is secured prior to permitting work to
be performed. If possible, this documentation shall accompany the contract presented for
Board approval. If not possible to accompany contract, the documents shall be provided to
the purchasing agents for inclusion into record keeping.
Approval Process:
1. State statutes and Section 3-8(4)(m) of the Weld County Home Rule Charter requires that
all contracts must be approved by the Board of County Commissioners and signed by the
Chair of the Board in order to be valid. Unless otherwise authorized, prior to consideration
for approval by the Board of County Commissioners, the contract shall be approved by the
County Attorney, the Department Head originating the contract, the Director of General
Se+ AcesController or designee and the Director of Finance and Administration, or
designee.
2. Approval by the Board of County Commissioners shall follow the procedures described in
Section 2-1-40 of this Code.
D. Modifications to contracts. Every contract change order, renewal, term modification, or price
adjustment (in excess of the original contract amount) must be approved.
1. Modifications under twenty-five thousand dollars ($25,000.00) (cumulative) to service
contracts can be approved by the department head or designee, or elected official.
Modifications over twenty-five thousand dollars ($25,000.00) (cumulative) to service
contracts must be approved by the Board of County Commissioners.
2. Modifications including, but not limited to, change orders, term modifications or price
adjustments (in excess of the original contract amount) to capital improvement construction
contracts, must be approved by the Board of County Commissioners.
a. The Chair of the Board is authorized to enter into and sign contracts and agreements
for all change orders to contracts for construction projects of up to five percent (5%) of
the original contract amount, not to exceed twenty-five thousand dollars ($25,000.00)
(cumulative).
E. Term of Contract. When it is in the best interest of the County, contracts can be on a multiple -
year basis with renewals at the option of the County and approval by the Board of County
Commissioners.
F. Contract Implementation. Department Heads (and elected officials) are responsible for
implementation of the requirements and specifications of all contracts with their Department.
G. Contract Administration. The user Department will be responsible for monitoring and
documenting contractor performance/compliance. All documentation of non-compliance should
be shared with the Director of the-Purch-acing Department, the County Controller or designee
and the County Attorney. If poor performance or non-compliance with the contract by the
contractor occurs, the Department will notify the Director -of PP--rchastng, the County Controller or
designee, and the County Attorney. The Purchasing Department, in coordination with the user
Department, will be responsible to initiate corrective action with the vendor.
( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-14 )
Sec. 5-4-150. - Qualification -based selection process for professional services.
18
Commented [BC101: Should we add purchasing approval
when appropriate for insurance, bond ?
A. Applicability. This qualification -based selection (QBS) process must be used whenever required by
state or federal law. Appendix 5-P provides additional guidance.
B. QBS procedure.
1. Step 1: RFQ. A Request for Qualifications ("RFQ") shall be advertised by the Department of
Purchasing, outlining general project requirements and proposal guidelines.
a. The RFQ may be advertised at the time that a project need arises or prior to any project
need arising. If the RFQ is not project -specific, the RFQ shall be advertised annually, in
order to create a short list of qualified individuals or firms that are able to provide
professional service. Nothing in this Section precludes the County from accepting
qualifications and/or vendors as allowed in Section 5-4-60 of this Article.
b. Individuals or firms responding to the RFQ shall submit a statement of interest to the
Department of Purchasing by a designated date. Such statements shall address the
categories provided in Appendix 5-Q.
c. The department head or elected official shall designate a review team which shall review
the individuals/firms based upon their statements of interest according to the criteria
provided in Appendix 5-Q. The Director -of- e-neca-E-ServicesController or designee, or his
or -her -d-es-ig-nee shall participate on every review team. The review team shall create a
short list of three (3) to five (5) individuals/firms.
2. Step 2: RFP/Interviews. The department head or elected official shall provide a Request for
Proposal (RFP) to each of the individuals/firms on the short list, who shall be required to attend
a mandatory pre -proposal meeting. The review team shall interview all individuals/firms
responding to the RFP and shall rank each proposal according to the criteria provided in
Appendix 5-S.
3. Step 3: Negotiation.
a. The department head or elected official, or his or her designee, shall negotiate in good faith
with the highest ranked firm or company in order to come to agreement on all aspects of
the contract, including total contract price.
b. If no agreement can be made with the highest ranked company or firm, the department
head or elected official, or his or her designee, may stop negotiations and begin
negotiations with the next highest ranked firm or company. This process may be repeated
as may be necessary If negotiation is not successful with any of the ranked companies ()-
firms, the department head or elected official may begin the QBS process over or may
begin the negotiation process over.
C. Best Value QBS procedure.
1. Step 1: A (Request for Qualification (RFQ1. Whenever the project is not required by state or
federal law to be procured through the QBS Procedure outlined above, the following Best Value
QBS process may be used to include cost as a consideration -a -t the-diser-etion at -the Board -of
County-Com--rn-issioners. Step 1 of the process is identical to Step 1 under Subsection B. above.
2. Step 2: A Request for Proposal ;RFP- The department head or elected official shall provide a
RFP to each of the individuals/firms on the short list, who shall be required to attend a
mandatory pre -proposal meeting. The review team shall review all proposals according to the
criteria provided in Appendix 5-R and shall --may interview the bidders.
a. When deemed to be in the best interest of the County, the department head may request a
Best and Final Offer (BAFO). Any request for a BAFO should be made following all
pertinent discussions, questions, and all addendums made to clarify full understanding of.
and responsiveness to, the solicitation requirements. Vendors shall be accorded fair and
equal treatment with respect to any opportunity for discussion and revision of proposals. At
pricing and information shall remain confidential until the successful proposal is accepted
by the Board of County Commissioners.
19
1. Best and Final offers shall be requested in writing. The request shall include:
a. Notice that discussions are concluded.
b. Notice that this is an opportunity to submit a Best and Final Offer.
c. A due date for submission of the Best and Final Offer.
3. Step 3: Interview/Award. The purpose of Best Value is to ensure quality for the best price, so of
all the low bidder's proposal meets the specifications provided in the RFP, the department head
may decide to conduct interviews.
Step 4: Award. The Department Head or elected official shall recommend that the Board of
County Commissioners award the contract to the most qualifiedlow bidder. If the low bidder's
proposal does not meet the specifications of the REP, the department head or elected official
may start the process over again or do a BAFO again. shall In ew the -next lowest bidder
until-the-4owest bid that meets-speci-isations i-s4dentified-
D. Approval of OBS and Best Value eContracts. The results of the selection process, including the
name and address of the recommended firm or company, and a Professional Services Agreement,
shall be presented to the Board of County Commissioners for approval and specific Board action. No
OBS-negotiated contract shall be approved except through this process.
( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-1 )
Sec. 5-4-155. - Bid protest.
A. The protest shall be submitted, in writing, to the Purchasing Department during the bid process or
when the aggrieved vendor knows, or should have known of, the factors giving rise to the bid protest,
or within five (5) business days after award, whichever is earlier.
1. The written formal protest must contain a minimum of the following:
a. A specific identification of each alleged act and the statute or section of the Weld County
Code that the purchasing staff member or department is alleged to have violated.
b. A precise statement of the relevant facts that include time -lines and all involved parties.
c. An identification of the issue or issues that need to be resolved that support the protest.
d. Any documentation or contractual provision(s) which is relevant to the protest.
2. The P-Lrsha-sing Di -rector -Controller or designee shall review any timely protest and attempt to
resolve the protest by mutual agreement. The Pursh-asingg—Departmenteetr llerController or
designee--sha;1designee shall notify the aggrieved vendor, in writing, of its findings and
resolution.
3. If the aggrieved vendor is not satisfied with the Ru•r-e acing--i-r-eot-or'sController or des q-nee's
resol-ut+ondesignee's resolution, it may appeal the decision in accordance with Section 2-4-10 of
this Code.
(Weld County Code Ordinance 2016-14 )
Sec. 5-4-160. - Product standardization.
All materials, supplies and equipment purchased by the County will be standardized whenever in the
best interest of the County.
A. On an as -needed basis, a County standards committee will be established by directive of the
Board of County Commissioners. The purpose of the committee will be to aid the purchasing
agent in conducting the standardization program and to establish purchasing policy in the
20
various commodity fields that lend themselves to standardization. The main benefits of
standardization are better prices through quantity purchases of fewer varieties of materials and
the selection of materials which are best suited for County use. This sStandardization is the
good faith development of the Single Source determination.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-165. - State and federal grant funded procurement projects.
Procurement of all supplies, equipment, and services utilizing state or federal funds (e.g., federal
grant or contracts) shall be made in accordance with this Code and any terms and conditions of the
funding source. Appendix 2-E provides !general guidance for purchases utilizing state and federal funds.
(Weld Coun
Code Ordinance 2016-14 )
Sec. 5-4470. Disposal of surplus property.
A. This procedure shall be used for disposing of all County -owned material, equipment and supplies
except for property seized by the Sheriffs Office.
B. All departments shall submit to the Department of Accounting, on an annual basis, a report showing
stocks of all supplies, materials and equipment which is no longer usedused, or which has become
obsolete, worn out, or scrapped. The Department of Accounting, with the approval of the Board of
County Commissioners, shall have the authority to sell all such supplies, materials and equipment
which cannot be used by any department, or which have been found by the Board not to be required
for public use, or to exchange or trade in such articles in part or full payment for new supplies,
materials or equipment of a similar nature.
C Estimated sales in amounts or estimated amounts of twenty-five thousand dollars ($25,000.00) or
more shall be formally advertised, sealed bids shall be taken, and the bids received shall be
submitted to the Board of County Commissioners for award. Sale by public auction may be used in
lieu of sealed bids. When public auction is used, the Controller or designee and department
representatives may establish a minimum gross amount prior to the auction. Sealed bids or public
auction shall be used to the maximum extent possible; however, estimated sales in amounts of less
than twenty-five thousand dollars ($25,000.00) shall be made by informal procedures calculated to
achieve maximum benefit to the County. Revenue received from said sales shall revert to the
appropriate fund.
D. Transfer of supplies, materials and equipment between departments shall result in a debit and credit
to the accounts of the departments involved, provided that the departments are within the same fund.
The value of the items transferred shall be established by the Controller or designee to the mutual
satisfaction of the department heads involved. An inventory transfer slip shall be filled out, signed by
both department heads and forwarded immediately to the Department of Accounting.
E. Transfer of supplies, materials and equipment between departments in different funds shall result in
a journal entry being written from one (1) fund for deposit in the other fund by the Department of
Accounting.
F. No supplies, materials, or equipment shall be sold or otherwise disposed of without prior approval of
the Board of County Commissioners and/or the Controller or designee.
G. Nothing contained herein shall be construed to prohibit the return of unused materials, supplies or
equipment which are surplus to the requirements of the County. Materials, suppli-essupplies, or
equipment may be returned with or without a restocking charge if this method of disposal will result in
a higher benefit to the County. All materials, supplies, or equipment returned shall be reported to the
purchasing agent.
21
Commented [ER11]: Need to confirm this is the correct
appendix?
H. In the event no bids are received for the sale of surplus property. the Director-of—Ge-nera4
Se-r-vi-cesController or designee may negotiate a sale. Final negotiated sale must be approved by the
Board of County Commissioners.
( Weld County Code Ordinance 2015-2 )
Sec. 5-4-180. - Payments.
A. All bills paid by the County are paid through the Accounting System and fall into one (1) of the
following categories:
1. Direct pay is a payment generated without system -generated purchase order. Expenditures in
this category do not have a requisition due to departmental spending limits and procedures
identified in Section 5-4-60. A list of other expenditures for which Direct Pay can be used listed
in Section 5-4-80.
2. Regular pay —Payment with system -generated purchase order. Expenditures in this category
require a purchase order.
3. Procurement Card (P -Card) purchases using issued credit card with settlement at end of each
month.
B. Upon approval of the Controller, or Director of Finance and Administration, an expenditure
without a requisition and purchase order may be paid if, in his or her opinion, circumstances
warrant payment.
C. No demand for money against the County shall be approved, allowed, audited, or paid unless it shall
be in writing, dated, and sufficiently itemized to identify the expenditure.
D. The original copy of the invoice shall be scanned and saved by the Department of Accounting. Once
the invoice is scanned, the originating department will process the payment.
E. Appropriate on-line approvals for the Accounting System must be completed, with the Department of
Accounting having final approval on all payments. After approvals are complete, the warrant will be
printed and mailed out with appropriate remittance documents.
( Weld County Code Ordinance 2015-2 ')
Sec. 5-4-190. - Purchasing Card (P -Card) Program.
By Resolution #2005-1610 of the Board of County Commissioners, approved and effective June 1,
2005, the following policy and procedures were adopted for the Purchasing Card (P -Card) Program:
A. Purpose. The purpose of the P -Card Program is to streamline and simplify the purchasing and
payment process for County transactions. The goal of the program is as follows:
1. To simplify the reimbursement process.
2. To eliminate the time-consuming bank record process.
3. To provide P -Card holders with empowerment to choose.
B. General guidelines. In order to provide appropriate internal controls on P -Card purchases,
department heads will not be issued P -Cards. This policy will insure that all purchases or uses
of a P -Card in the county by a county employee are being reviewed and signed off on by a
higher authority in the department or office.
22
P -Card users must comply with all other applicable sections of this Purchasing Policy.
including, but not limited to, Section 5-4-60 of this Article, regarding the need to obtain
bids.
2. Card issuance. Each P -Card holder will be required to complete a P -Card holder
agreement. By signing the agreement, the P -Card holder has agreed to adhere to the
guidelines established in this Section. A sample of the cardholder agreement is available in
the Accounting Department.
a. Each P -Card holder is the only person entitled to use a card. The card is not to be
used for personal use.
b. Since each P -Card is linked to a specific area number and individual cardholder, the
card cannot be transferred from one P -Card holder to another.
c. Upon receipt of the P -Card, the P -Card holder must activate the account by calling the
toll -free number printed on the card. For verification purposes, the P -Card holder will
be asked to provide his or her unique identification number.
1) Although the card is issued in the P -Card holder's name, his or her persona
credit history will not affect the ability to obtain a card.
d. The County is responsible for payment of all purchases.
3. Account maintenance. To change any information regarding an account, such as e-mai•
address or expense accounting code, a P -Card holder must contact the P Gare
Ac n-istratocController or Assistant Controller and complete appropriate documentation.
4. Card usage. The P -Card can be9'used at any merchant that accepts Visa, except as the
County otherwise directs. It may be used for in-store purchases, as well as phone, fax or
mail orders. There is no special terminal or equipment needed by the merchant to process
a P -Card transaction.
a. When using the P -Card, inform the merchant not to send an invoice to Accounts
Payable, since this may result in a duplicate payment.
b. For phone, fax and mail orders, the merchant should send a receipt/packing list only.
The receipt/packing list should indicate "paid by credit card," with the P -Card holder's
name listed in the "ship to" field. The receipt/packing list needs to be turned in with al
other receipts for the month to the approver.
5. Limitations and restrictions. Each P -Card has restrictions and limitations that are in line
with. established purchasing policy. Modifications to any limitation or restriction can only be
made by the P Card-A4m4c+torController or Assistant Controller.
a. Single -transaction and monthly dollar limits are placed on each P -Card. Purchases
should not be split to avoid the single transaction limit.
b. The P -Card Program also allows for merchant category blocking. If a particular
merchant category is blocked (e.g., jewelry stores) and an attempt is made to use a P -
Card at said merchant, the purchase will be declined. The County has made an effort
to ensure that the vendors and suppliers used during the normal course of business
are not restricted. If a P -Card is refused at a merchant, which is believed to be
appropriate, contact the P-Gard-Adm4-nist-ratorController or Assistant Controller in the
Accounting Department.
c. Automated customer service assistance is available twenty-four (24) hours per day,
seven (7) days a week. The menu prompts with options that will provide the following
information:
1) Current balance.
2) Report lost or stolen P -Card.
23
3) Speak with a customer service representative.
d. Depending on the result of each inquiry, a P -Card holder may want to discuss the
issue further with the supervisor, who is empowered to advise the P Card
AdministratorController or Assistant Controller to modify the restrictions on an
employee's use of the P -Card.
NOTE: All requests for changes in limitations and restrictions must be made through
the P Oar -d Adrn4ni-stratocController or Assistant Controller.
6. Lost or stolen cards. Each P -Card holder is responsible for the security of his or her P -Card
and any purchases made on the account. Any lost or stolen P -Card must be reported
immediately to the issuing bank and the P -Gard Adm*ii-straterController or Assistant
Controller.
a. Immediately after reporting to customer service at the issuing bank, a P -Card holder
must inform the P -Card Adm[nistratorController or Assistant Controller. It is extremely
important to act promptly in the event of a lost or stolen P -Card to avoid company
liability for fraudulent transactions.
b. As with a personal charge card, the P -Card holder will no longer be able to use the
account number after notifying the bank of a lost or stolen card. A new card will be
issued once the P Garci-adFn-inistraterController or Assistant Controller is notified, with
delivery within ten (10) days.
C Authorized purchases. The P -Card Program is intended for maintenance, repair, operation and other
low -value purchases needed during the course of business. These purchases may include, but are
not limited to, the following:
1. Office supplies and forms.
2. Books and subscriptions.
3. Computer supplies, e.g., diskettes.
4. Travel -related expenses (lodging, airfare, transportation to/from hotel/airport, parking).
5. Miscellaneous items, limit of $200.00 per item.
6. Training registrations.
D. Unauthorized purchases and vendors. The P -Card should not be used for the following items:
1. Items for personal use.
2. Cash withdrawals.
3. Direct marketing.
4. As with any County purchase, the P -Card is not to be used for any product, service or merchant
considered being inappropriate for County funds.
5. Meals, with the exception of meals served in conjunction with a business meeting hosted by
Weld County, e.g. Planning Commission lunch, Communications Advisory Board, etc.
Failure to comply with the above guidelines for authorized purchases under the P -Card Program
may result in disciplinary action, cancellation of card privileges and possible termination of
employment.
E. Reconcilement and payment. Unlike personal credit cards, the P -Card Program is handled as a
County liability. The P -Card holder's personal credit history has not been taken into account when a
P -card has been issued.
1. The Accounting Department is responsible for paying the invoice each month, and the P -
Card holder is not responsible for direct payment under his or her account.
24
2. It is the responsibility of the P -Card holder, immediately upon receipt of an e-mail from the
P -Card Expense Reporting system, to sign on and reconcile the statement on-line.
a. Present all receipts in the receipts envelope to the individual responsible for approval,
who will electronically review the statement, review receipts and forward to the
Accounting Department for final review, interface into the finance system and filing.
NOTE: Use one (1) receipt envelope per P -Card holder. Please do not mix P -Card holder
receipts.
3 The individual responsible for approval of the statement shall review and approve all
documents in the P -Card Expense Reporting system.
4. The P -Card balance is replenished once per month.
F. Receipt retention. All receipts for goods and services purchased must be kept. For orders
placed via phone, fax or mail, a receipt must be requested detailing merchandise price, freight,
etc., and be included with the goods mailed or shipped. A P -Card holder should request a fax of
the receipt prior to the goods being shipped, to ensure that a receipt is available for statement
reconciliation.
NOTE: A merchant should not reject this request since it is a Visa policy.
G. Disputed or fraudulent charges. If there is a discrepancy on the statement, it is imperative that
the issue is addressed immediately. Depending on the type of discrepancy, the P -Card holder
must contact either the merchant or the bank to resolve the disputed transaction.
1. If the merchant has charged incorrectly, or there is an outstanding quality or service issue,
the P -Card holder must first contact the merchant and try to resolve the error or problem If
able to do so and the error resulted in an overcharge, a credit adjustment from the
merchant should be requested and will appear on the next statement.
2. If the merchant disagrees that an adjustment is necessary, immediately contact the bank.
The bank will request complete details of the dispute in writing in order to research the item
in question. The details of the disputed transaction should be reported on Weld County
letterhead, on the Bank Dispute Form available in the Accounting Department or in the
dispute screen available on-line.
3. The bank must receive any charge dispute within sixty (60) days of the transaction date.
While resolution is pending, the bank will credit the County's account for the amount of the
disputed transaction.
a. Although the bank acts as the arbitrator in any dispute, a P -Card holder should never
assume that a dispute will be resolved in his or her favor.
4 If the dispute is not resolved satisfactorily and a P -Card holder believes the merchant has
unfairly treated him or her, the P --Card Administrator -Controller or Assistant Controller
should be notified with the relevant details. Further action may be taken as deemed
appropriate.
5. Any fraudulent charge, i.e., a charge appearing which was not authorized by the card
holder, must be reported immediately to the bank Prompt reporting of any such charge will
help to protect the County from liability. A Declaration of Forgery or Unauthorized Use
Form is available in the Accounting Department to facilitate notification of any such
transactions.
H. Sales and use tax. Merchants are required by tax authorities to include the applicable sales or
use tax at the time of purchase unless the entity, such as the County, is exempt. All purchases
for the County are tax exempt and SALES TAX SHOULD NOT BE PAID A card with the
County's tax-exempttax-exempt ID number will be given to each P -Card holder. If a Weld
County P -Card is used and the tax -ex -ern -Max -exempt ID number is provided, the merchant
25
should not charge sales tax. Note: This is an exemption from Colorado sales tax. Online or out-
of-state vendors may not honor this exemption.
1. If the P -Card holder makes a purchase and sales tax is charged (except on meals), the P -
Card holder will be responsible for payment of the sales tax or getting a refund from the
merchant. The County will NOT pay any sales tax.
2. Questions regarding this policy and any other questions concerning tax issues should be
addressed to the P Card-A4rninisstratorController or Assistant Controller.
( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-3 )
Sec. 5-4-200. - Audit and enforcement responsibilities.
A. The responsibility for purchasing policy resides with the following:
1. Department Heads will:
a. Review and initiate Requisition requests.
b. Ensure funding is available in budget prior to initiating Requisition requests.
c. Ensure the rules of the procurement process are being followed by staff.
d. Make purchases in the best interest of the County.
2. Direc--ter of-Gen-era.4-Seer-AicesThe Controller or designee will:
a. Ensure rules of the procurement process reflect current practices and are being followed
by staff.
b. Ensure quotes are recorded/retained for review.
c. Review purchase orders.
d. Review any increases to purchase orders to ensure any change orders follow the
procurement process.
3. Controller or designee will:
a -e Review Purchasing Card transactions to verify that policy is being followed.
b. f Verify funding is present in budget during requisition process.
Gg. Verify funding is present in budget for purchase order increases.
4. Director of Einarree and Adm+n+stratian-will-rcv+ew-expeRclitEres in -relation to budgeted -amount.
3. County employees at all levels are responsible for adherence to all sections of the procurement
policy. Examples of improper use of purchasing authority include:
1. Stringing or splitting a large purchase into two or more smaller orders in order to avoid bid
requirements.
2. Conflict of interest and/or poor ethical conduct.
3. Not processing a purchase utilizing the Requisition to Purchase Order process.
4. Improper, misleading, or deceptive use of the Sole Source Justification or Bid Documentation.
a. Individuals will be subject to disciplinary action for failing to handle purchases according to
policy and elimination of delegated purchasing authority for the individual or department.
b. Employee may be recommended for discipline through the Department of Human
Resources.
26
( Weld County Code Ordinance 2015-2 )
27
Contract Provisions
*Please see the attached Appendix ' to Part 200 — C ntract Provisfi
Contracts Under Federa `~ Under Awards �� � �� o f^ detaed red u g re
Contract Provisions'.
S
C
ns fir Non-Federati Entity
Ms, se,s "CF ;.=21%17-part20-aprpnt
Administrative, Contractual or Legal Remedies
Termination for Cause and for Convenience
Equal Employment Opportunity — Please see the attached ward document titled,
"Federal Equal Opportunity Clause" for exact language to be included in every Federal
contract. I have also attached the most recent executive order dictating the new language
for reference, see "EEO — Executive Order 13665".
Davis Bacon Act — Please note, this is typically only a Federal Highway Administration
(FHWA) requirement and NOT a FEMA requirement. If adding this to your procurement
code, I would make sure to include a similar caveat that is captured in 'Part 200 —Contract
Provisions' so that this is not a requirement for all federally funded projects by including it
in the code. The guidance states, "When required by Federal program legislation..."
a. Anti -Kickback Act — Please see language included in the guidance under
subsection (D).
Contract Work Hours and Safety Standards Act
Rights to Inventions Made Under a Contract or Agreement — this is typically not a
provision that is included in construction projects but would be nice to include in the event
you have a project that fits this provision.
Clean Air Act This is one the auditors are always looking for and should always be
included.
Debarment and Suspension — This is the provision that requires the sub -recipient to
check sam.gov to ensure the potentially selected contractor is not on any debarment lists. I
would also add a requirement in your code that the results should be saved in the County's
records
Byrd Anti -Lobbying Amendment — I've included the Byrd Ant -Lobbying certification that
should be included in the bid documents and signed by all bidders, see "Byrd Anti -Lobbying
Certification."
Updated Federal Equal Opportunity Clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the contractor may request the United States to enter into such litigation
to protect the interests of the United States.
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