HomeMy WebLinkAbout3935 ORDINANCE NO. A~'-
AN ORDINANCE establishing purchasing procedures,
including formal bid requirements in the awarding
of public contracts.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN
SECTION 1: Definitions -
a. The term "force account" shall mean existing
City employees.
b. The term "public work" shall mean all work,
construction, alteration, repair or improvement other
than ordinary maintenance.
SECTION 2: Discretionary Purchases -
The head of a department or his/her designee or other
authorized employee of the City of Bremerton may select a person
or firm of his/her choice for the purchase, lease or rental of
materials, goods and/or services of an amount under $300.00;
provided, however, that the Purchasing Officer retains the
authority to determine final approval of the person or firm on
the basis of price, suitability and availability, utilization of
approved vendor lists and appropriate vendor contacts.
SECTION 3: Telecon -
A person or firm shall be selected to supply materials,
goods and/or services through purchase, lease or rental of an
amount between $301.00 and $2,500.00 in the following manner:
(a) The head of a department or his/her designee or
other authorized employee of the City of Bremerton shall advise
the Purchasing Officer of the desired purchase, lease or rental
and the Purchasing Officer shall, in his discretion, determine
whether the supplier shall be selected through telecon
procedures.
(b) If the Purchasing Officer determines that the
supplier shall be selected through telecon procedures, then Steps
1 through 3 below shall be followed:
(1) The department head or his/her designee or
other authorized employee shall submit a list of persons
or firms to the Purchasing Officer for approval. The
Purchasing Officer may add to or delete persons or firms
from the list;
(2) The Purchasing Officer or his/her designee
shall contact the persons or firms by telephone and
request a price quotation for the materials, goods and/or
services. Each person or firm shall be requested to
respond within a designated time which shall be at least
three days excluding weekends;
(3) At the end of the designated response time, the
Purchasing Officer shall determine the lowest responsible
person or firm, or in his/her discretion, seek additional
price quotations using the procedures outlined in this
Section.
(c) If the Purchasing Officer determines that selection
of the supplier through telecon procedures is not required, then
the procedures set forth in Section 7 infra shall be followed.
SECTION 4: Sealed Quotations -
A person or firm shall be selected 'to supply materials,
goods and/or services through purchase, lease or rental in an
amount between $2,501.00 to $10,000.00 in the following manner:
(a) The department head or his/her designee or
other authorized employee shall submit a list of persons
or firms to the Purchasing Officer for approval. The
Purchasing Officer may add to or delete persons or
firms from the list.
(b) The Purchasing Officer shall request sealed
price quotations from the persons or firms within a
designated time which shall be at least ten (10) days.
(c) At the end of the designated response time,
the Purchasing Officer shall determine the lowest
responsible person or firm, or in his discretion, seek
additional sealed price quotations using the procedures
outlined in this Section.
SECTION 5: Additional Procedures to be Followed Whenever
the City Purchases, Rents or Leases Goods Costing Less than
$10,001.00 Associated With a Public Works Project Which is to be
Accomplished Through Use of Force Account and Whenever the City
Selects an Outside Firm Through a Method Other Than Competitive
Bidding to Accomplish a Public Work with a Total Cost Under
$10,001.00 - (a) Whenever purchasing, leasing or renting goods or
materials costing less than $10,001.00 to be used in a public
work which has a total cost of less than $10,001.00 which the
department head wishes to accomplish through the use of force
account, he/she shall, prior to selecting a person or firm to
supply such materials and goods pursuant to Sections 2, 3 or 4
above, give plans and/or specifications of the public work and an
estimate of the cost of such public work to the Purchasing
Officer as required by RCW 39.04.020. The Purchasing Officer
shall publish a description of the work and the estimate of cost
whenever required by RCW 39.04.020 and the head of the department
or his/her designee shall otherwise comply with RCW 39.04 under
the direction of the Purchasing Officer.
(b) Prior to selecting an outside person or firm to
accomplish a public work with a total cost of under $10,001.00
through a method other than competitive bidding, the head of the
department or his/her designee shall give plans and/or
specifications of the public work and an estimate of the cost of
such public work to the Purchasing Officer as required by RCW
39.04.020. The Purchasing Officer shall publish a description of
the work and an estimate of the cost whenever required by RCW
39.04.020, and the department head or his/her designee shall
otherwise comply with RCW 39.04 under the direction of the
Purchasing Officer.
SECTION 6: Formal Bids - A person or firm shall be selected
to supply materials, goods and/or services through purchase,
lease or rental, of an amount over $10,000.00 in the following
manner:
(a) City of Bremerton Administrative Policies
and Procedures 4.2 as now or hereafter modified by
the Purchasing Department shall be followed to the
extent they are not in conflict with this Ordinance.
(b) The Department Head, his designee or
authorized employee shall submit a written request to
the City Council requesting approval of the bid call
if such call is for goods, materials and/or services
which have not been line-item approved in the City's final
budget. The Purchasing Officer shall allow up to
forty-five (45) days for preparation of specifications,
advertisements, distribution, receipt of bid,
tabulation, evaluation and recommendation to Council for
award of bid.
(c) The Purchasing Officer shall publish notice
of the call for bids at least once in the official
newspaper and in such other publications determined
appropriate by the City's Purchasing Department.
(d) The City Council shall award the contract
to the lowest responsible bidder or shall reject all
bids and make further calls for bids in the same manner
as the original bid. In the event the City Council
awards the contract to a bidder who is not the lowest
bidder, a finding shall be recorded in the Council
minutes why the firm or person selected was the
lowest responsible bidder.
SECTION 7: Use of the Telecon, Sealed Quotation or Formal
Bid Procedures When the Cost of the Goods, Materials or Services
is Less than the Amount set Forth Above for use of those
Procedures -
Notwithstanding the fact that the cost of the goods,
materials or services is less than the amount set forth above for
the use of the Telecon, Sealed Quotation or Formal Bid
Procedures, the Purchasing Officer in his discretion, may require
the use of a more competitive selection procedure.
SECTION 8: Computation of Costs -
a. The estimated cost of the goods, materials or
services to be purchased or leased from an outside person or firm
shall determine whether the procedures set forth in Section 2, 3,
4 or 7 shall be followed; provided, that all public works having
an estimated total cost exceeding $10,000.00 shall be
accomplished pursuant to Section 7 whenever required by RCW
35.22.620 as now or hereafter amended.
b. In purchasing, renting or leasing materials, goods
and/or services, the purchase or lease may not purposely be
separated into several parts to avoid the requirements of this
Ordinance.
SECTION 9: Exceptions to the Requirements of this Ordinance
(a) The City is not required to seek competitive
bids or follow the procedures outlined for Discretionary
Telecon and Sealed Quotation requests when:
(i) The City contracts for professional services;
provided, however, that in contracting for architectural
or engineering services, the City must comply with
RCW 39.80.
(ii) The City contracts with other governmental
units pursuant to RCW 47.24.050, RCW 36.75.200,
RCW 39.34.080 or other statutes authorizing inter-
governmental contracts without the necessity of seeking
competitive bids.
(iii) The City contracts for materials, goods
and/or services in order to effectively deal with an
emergency affecting public health and safety; provided,
however, that the City must comply with RCW 39.04 when
contracting for a public work.
(iv) The City contracts for materials, goods
and/or services with a person, form or vendor who
constitutes a sole source; provided, however, that the
City must comply with RCW 39.04 when contracting
for a public work.
(v) The City uses a Small Works Roster for public works
projects as provided for in RCW 35.22.620.
(b) The Purchasing Officer shall determine whether
the purchase, lease or rental of goods falls within the
above-enumerated exceptions when the amount of the
materials, goods and/or services is under $10,001.00.
The Purchasing Officer may require that procedures
outlined in this Ordinance be followed even if an
exception is found to exist. The City Council shall
determine by resolution whether the purchase, lease or
rental falls within the above enumerated exceptions and
whether to follow the provisions of this Ordinance, even if
an exception is found, when the amount of the materials,
goods and/or services is over $10,001.00.
APPROVED by the City Council on the first reading this ~
day of ~~~ , 1984.
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage this ~% day of ~aq~%~m,~_ , 1984.
~OR~ DAWKINS, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk