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HomeMy WebLinkAbout2015-02-09 15-082 ORDERCOUNCIL ACTION Item No. 15-082 Date: February% 2015 Item/Subject: Order, Amending the City of Bangor Procurement Policy Responsible Department: Finance Commentary: The proposed amendment to the City's procurement policy would incorporate the federal requirements for Community Development Block Grant (CDBG) purchases. There are no new federal requirements and the amendment is representative of the current and past practices. This amendment is being proposed as more of a housekeeping item, which will result in a procurement policy that is all encompassing and clear. This amendment was reviewed and recommended for approval by the Finance Committee on February 3, 2015. Department Head Manager's Comments: City Manager Associated Information: Order Budget Approval: Finance Director Legal Approval: Ci Solicitor Introduced for X Passage First Reading Page _ of _ Referral 15-082 FEBRUARY 9, 2015 Assigned to Councilor Sprague CITY OF BANGOR (TITLE.) Order, Amending the City of Bangor Procurement Policy By the City Council of the City of Bangor. ORDERED, THAT the City of Bangor Procurement Policy is hereby amended by adding Article 13 — Community Development Block Grant Program as follows: ARTICLE 13 — Community Development Block Grant Program 13-101 General Provisions (1) When procuring goods or services using Community Development Block Grant funding, the City and its subrecipients, must follow federal procurement rules when purchasing services, supplies, materials, or equipment. (2) The City must adhere to federal procurement requirements found in 24 CFR Part 85 and as amended. Subrecipients must adhere to federal procurement requirements found in 2 CFR Part 215.44, as implemented through 24 CFR Part 84 and as amended. (3) Subrecipients are those entitities and individuals receiving loans or grants to fulfill a CDBG national objective using CDBG funding and/or matching funds. Subrecipients include, but are not limited to, businesses, non profit organizations, housing developers and single family home owners. Sub recipients are not required to receive the City's authorization to award contracts using CDBG funding so long as these procurement policies are adhered to and documented. (4) There are four categories of procurement pertaining to CDBG funding: (a) Small purchase procedures, (b) Sealed bids, (c) Competitive proposals and (d) Non-competitive proposals. 13-102 Small Purchase Procedures IN CITY COUNCIL FEBRUARY 9, 2015 PASSED CITY CLERK 15-082 FEBRUARY 9, 2015 This category may be used for goods and services totaling no more than $100,000. The Director of Community & Economic Development, or his/her designee, has authority to award contracts within this category. (1) Non Housing Rehabilitation - Under the small purchases method, a request for quotes may be sent to a reasonable number of potential vendors with a detailed description of the goods or services needed. Once three or more competitive written quotations are received from qualified sources, a contract may be awarded to the lowest responsive and responsible source. (2) Housing Rehabilitation — Under the small purchases method, a request for quotes shall be sent to a reasonable number of pre -qualified vendors with a detailed description of the goods or services needed. Once three or more competitive written quotations are received from qualified sources, a contract may be awarded to the lowest responsive and responsible source. 13-1.03 Sealed Bids (1) This category may be used for construction contracts and goods totaling over $100,000. The City Council must approve all contracts within this category. (2) Competitive and publicly solicited sealed bids are required for this category. A firm -fixed-price lump sum or unit price contract shall be awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is lowest in price. A minimum of two bidders is required. (3) The invitation for bids must be publicly advertised in a newspaper of general circulation and a minimum of two bids must be received in order to award the contract. All bids must be opened publicly at the time and place stated in the invitation for bids. The public is allowed at that time to review the bids. All bids may be rejected when sound documented reasons exist. 13---104 Competitive Proposals (1) Competitive proposals are used to purchase professional services where the total cost will exceed $100,000. The Director of Community & Economic Development, or his/her designee, has authority to award contracts within this category. (2) Bids may be solicited under this category using two methods: (a) A request for proposals (b) A request for qualifications for architect and engineering services. (3) The invitation for bids must be publicly advertised in a newspaper of general circulation and a minimum of two bids/qualifications must be received in order to award the contract. 15-082 FEBRUARY 9, 2015 13-105 Non -Competitive Proposals (1) Non-competitive procurement may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances applies: (a) Where the item is available only from a single source; (b) Where a public emergency or urgent situation is such that the urgency will not permit a delay beyond the time needed to employ one or the other procurement methods; (c) Where after solicitation of a number of sources, competition is determined inadequate. Any contract in excess of $100,000 must be awarded by the City Council. Contracts under $100,000 may be awarded by the Director of Community & Economic Development, or his/her designee. 13-106 Ineligible Beneficiaries (1) No member of the Bangor City Council, nor any other public official, officer, employee or agent of the City, shall have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. (2) No member or delegate to the Congress of the United States, nor any - Resident Commissioner, shall be permitted any share or part of the proceeds of this Agreement or any benefit that may arise herefrom. 15-082 FEBRUARY 9, 2015 This category may be used for goods and services totaling no more than $100,000. The Director of Community & Economic Development, or his/her designee, has authority to award contracts within this category. (1) Non Housing Rehabilitation - Under the small purchases method, a request for quotes may be sent to a reasonable number of potential vendors with a detailed description of the goods or services needed. Once three or more competitive written quotations are received from qualified sources, a contract may be awarded to the lowest responsive and responsible source. (2) Housing Rehabilitation — Under the small purchases method, a request for quotes shall be sent to a reasonable number of pre -qualified vendors with a detailed description of the goods or services needed. Once three or more competitive written quotations are received from qualified sources, a contract may be awarded to the lowest responsive and responsible source. 13-103 Sealed Bids (1) This category may be used for construction contracts and goods totaling over $100,000. The City Council must approve all contracts within this category. (2) Competitive and publicly solicited sealed bids are required for this category. A firm -fixed-price lump sum or unit price contract shall be awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is lowest in price. A minimum of two bidders is required. (3) The invitation for bids must be publicly advertised in a newspaper of general circulation and a minimum of two bids must be received in order to award the contract. All bids must be opened publicly at the time and place stated in the invitation for bids. The public is allowed at that time to review the bids. All bids may be rejected when sound documented reasons exist. 13--104 Competitive Proposals (1) Competitive proposals are used to purchase professional services where the total cost will exceed $100,000. The Director of Community & Economic Development, or his/her designee, has authority to award contracts within this category. (2) Bids may be solicited under this category using two methods: (a) A request for proposals (b) A request for qualifications for architect and engineering services. (3) The invitation for bids must be publicly advertised in a newspaper of general circulation and a minimum of two bids/qualifications must be received in order to award the contract. 15-082 FEBRUARY 9, 2015 13-105 Non -Competitive Proposals (1) Non-competitive procurement may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances applies: (a) Where the item is available only from a single source; (b) Where a public emergency or urgent situation is such that the urgency will not permit a delay beyond the time needed to employ one or the other procurement methods; (c) Where after solicitation of a number of sources, competition is determined inadequate. Any contract in excess of $100,000 must be awarded by the City Council. Contracts under $100,000 may be awarded by the Director of Community & Economic Development, or his/her designee. 13-106 Ineligible Beneficiaries (1) No member of the Bangor City Council, nor any other public official, officer, employee or agent of the City, shall have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. (2) No member or delegate to the Congress of the United States, nor any Resident Commissioner, shall be permitted any share or part of the proceeds of this Agreement or any benefit that may arise herefrom.