HomeMy WebLinkAboutN-470 - Purchasing Policy and Procedures Final Signed 19.0415
TABLE OF CONTENTS
ADMINISTRATIVE ORDERS ................................................................................................... 1
PURCHASING AUTHORITY MATRIX ..................................................................................2
SUMMARY OF COMPETITIVE REQUIREMENTS BY PROJECT TYPE/COST ...........4
SECTION 1 – INTRODUCTION
1.1 Purpose of the Policy ..............................................................................................6
1.2 Contact Information .................................................................................................6
1.3 What this Policy Covers...........................................................................................6
1.4 Code of Ethics (RCW 42.23) ..................................................................................7
1.5 Conflict of Interest ...................................................................................................8
1.6 Unauthorized Purchases ...........................................................................................8
1.7 Responsible Purchasing ...........................................................................................9
SECTION 2 – PROCUREMENT METHODS
2.1 Define the Need .......................................................................................................9
2.2 Determine the Cost ................................................................................................11
2.3 Contract Basics ......................................................................................................11
2.4 Exceptions to the Competitive Process ..................................................................12
2.5 MRSC Rosters .......................................................................................................14
2.6 Cooperative Purchasing/State Contract .................................................................17
2.7 Telecommunications and Data Processing Purchasing..........................................18
SECTION 3 – PUBLIC WORK PROCUREMENT
3.1 Requirements Applicable to all Public Work Bidding Methods ...........................18
3.2 Public Work Performed by City Staff – In-House Work .......................................19
3.3 Small Works Roster ...............................................................................................20
3.4 Purchases of Equipment Including Installation .....................................................21
3.5 Public Work – Formal Bid Process ........................................................................22
3.6 Alternative Public Work Contracting ....................................................................28
SECTION 4 – PURCHASES OF MATERIALS, SUPPLIES AND EQUIPMENT
4.1 Purchasing Process.................................................................................................28
4.2 Requirements .........................................................................................................29
SECTION 5 – SERVICE PROCUREMENT
5.1 Purchases of Personal/Purchased Services ............................................................29
5.2 Purchases of Professional Services ........................................................................30
5.3 Purchases of Architects and Engineering Services ................................................31
SECTION 6 – REQUEST FOR PROPOSALS (RFP)/REQUEST FOR
QUALIFICATIONS (RFQ)
6.1 Elements of an RFP ...............................................................................................33
6.2 Elements of an RFQ ...............................................................................................33
6.3 Request for Proposals/Qualifications .....................................................................33
SECTION 7 – FEDERAL GRANT FUNDS
7.1 Standards of Conduct .............................................................................................35
7.2 Micro-Purchases Procedures ..................................................................................36
7.3 Small Purchase (Simplified Acquisition) Procedure .............................................37
7.4 Sealed Bids.............................................................................................................37
7.5 Request for Proposals (RFP)/Request for Qualifications (RFQ) ...........................37
7.6 Sole Source ............................................................................................................38
SECTION 8 – ADDITIONAL CONSIDERATIONS
8.1 Prevailing Wages ...................................................................................................38
8.2 Retainage................................................................................................................40
8.3 Risk Management Considerations .........................................................................41
SECTION 9 – CONTRACT MANAGEMENT
9.1 Contract Elements ..................................................................................................41
9.2 Payment Options ....................................................................................................42
9.3 Contract Execution and Administration.................................................................43
9.4 Contract Monitoring – Performance ......................................................................44
9.5 Contract Monitoring – Payment.............................................................................44
9.6 Amendments and Change Orders ..........................................................................45
9.7 Contract Close-Out and Termination .....................................................................46
9.8 Renewals vs. Year-to-Year Contracts ....................................................................47
SOURCES AND TERMS ........................................................................................................... 48
APPENDIX A – SOLE SOURCE WORKSHEET ..................................................................49
2
PURCHASING AUTHORITY MATRIX
Public Work Dollar Amount Authority
State Contracts
Less than $50,000 Department Director, as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
$300,000 and above City Council approval
Public Work– Small
Works Roster
Less than $50,000 Department Director, as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
Public Work – Formal
Bid Process $300,000 and above City Council approval
Purchases Dollar Amount Authority
Large Purchases for
Materials, Supplies
and Equipment
including installation
Less than $50,000 Department Director as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
$300,000 and above City Council approval
Purchases of
Professional Services
Less than $50,000 Department Director as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
$300,000 and above City Council approval
Purchases of
Architectural and
Engineering
Less than $50,000 Department Director as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
$300,000 and above City Council approval
Purchases of
Personal/Purchased
Services
Less than $50,000 Department Director as long as there
is budget authority
$50,000 - $300,000 City Manager, as long as there is
budget authority
$300,000 and above City Council approval
3
PURCHASING AUTHORITY MATRIX (continued)
Amendments and
Change Orders Dollar Amount Authority
Contract
Amendments
OR
Change Orders
15% of the original contract
award or an accumulated total
of $50,000, whichever is less
Department Director
Up to $300,000 or 15% of the
original contract, whichever is
less
City Manager, as long as there is
budget authority
Over $300,000 or more than
15% of the original contract City Council approval
All purchases in excess of $100,000, not initially approved by the City Council, shall be
reported to the City Council via the monthly Finance Report.
*Dollar amounts listed above shall include applicable sales/use tax
4
SUMMARY OF COMPETITIVE REQUIREMENTS BY PROJECT TYPE/COST
Project Type Contract Value Competitive Process
Requirement
In-House , Day Labor
or Contract Labor
Single Trade
or Craft
< $40,000 May construct In-House or
by contract without calling
for bids or obtaining quotes
via the small works roster.
Retainage and
performance/payment bond
are required for contracts
greater than $35,000.
Multiple
Trade or
Craft
< $65,000
Small Public Work Roster Projects >$65,000
$300,000
Quotations shall be solicited
from at least five contractors
on the appropriate small
works roster in a manner
that will equitably distribute
the opportunity among the
contractors.
Retainage and
performance/payment bond
are required.
Competitively Bid Public Work
Projects > $300,000
Public notice and call for
sealed bids; Formal award.
Retainage and
performance/payment bond
are required.
Purchases of supplies, material and
equipment unrelated to a public
works project. (A competitive
negotiation process may be used as
an alternative to bidding for
computer and telecommunications
equipment, software and related
services.)
<$50,000 No Competitive Purchasing
Required
$50,000-
$300,000
Minimum of three quotes
from approved vendor list.
> $300,000
Public notice and call for
sealed/electronic bids
required.
*Unless following procedures for Vendor Roster (pg. 15), Co-ops (pg. 17) or
Government Contracts (pg. 17).
Purchase of A&E, surveying or
landscape architecture services. < $50,000 Review qualifications of
firms on the consulting
5
Selection based on review of
qualifications first, then negotiations
to arrive at a price that is deemed
fair and reasonable to the City.
services roster and select
most qualified.
$50,000-
$300,000
Review qualifications of
firms on the consulting
services roster and select
three-six most qualified
firms and invite proposals.
Select most qualified firm
using proposals.
> $300,000
Publish RFQ, select three-
six firms to submit
proposals. Review
proposals, hold interviews,
select most qualified firm.
Purchases of All Other Services
(i.e. Personal Services & Purchased
Services etc.)
<$50,000 No competitive process is
required
$50,000-
$300,000 Three Quote Process
>$300,000 Formal Advertised RFP
Process
Federal Grant Purchasing
<$3,500
No Competitive Process
Required
(Micro-Purchase)
$3,500-$150,000
3 Quote minimum
(Small Purchase, Simplified
Acquisition Threshold)
>$150,000 Sealed Bids or RFP/RFQ
process
6
1. INTRODUCTION
1.1 PURPOSE OF THE POLICY
The Purchasing Policy and Procedures Manual is provided to guide and assist City staff on basic
procurement and contracting requirements as set forth in the Pasco Municipal Code and
Washington State statutes.
This Policy establishes guidelines and clarifies the procedures for purchasing supplies and
materials, public work construction, and contracting for services by the City of Pasco. The
procedures set forth in subsequent sections of this manual are designed to assure the citizens, the
City Council and City administrative staff that the City of Pasco is receiving maximum value for
each tax, public or utility dollar expended and assure fiscal responsibility in the procurement
process.
This edition of the Purchasing Policy and Procedures Manual is dated October 1, 2018 and
supersedes all purchasing directives. All references to the Revised Code of Washington (RCW)
and/or City Ordinances and Resolutions shall be incorporated as part of this policy including all
future amendments.
In cases where these policies conflict with any City Ordinance, State or Federal law or
regulations, the terms of that law or regulation prevails. In all other cases, these policies apply.
1.2 CONTACT INFORMATION
Position Responsibility
Finance Director...................................................................................... Fiscal Control and Budget
Grant/Project Accountant...................................................... Grants and Capital Improvement Plan
Contracts Specialist ................................................. Small Works/Contracts/Prof Svcs Agreements
City Clerk ............................................................................. Established Agreements and Contracts
Accounts Payable ............................................................................ Accounts Payable and Vendors
Procurement Specialist........................................... Control Purchasing and Department Assistance
Safety/Training Specialist ........................................ Risk Management & Insurance Requirements
1.3 WHAT THIS POLICY COVERS
The process of selecting vendors and managing contracts shall embody the value of stewardship
of public resources by providing the greatest levels of both quality and value.
A. The goals are to ensure that the purchase process:
1. Creates open and fair competition.
2. Includes terms and conditions required to protect the City.
3. Meets ethical standards.
7
B. From Beginning to End Before any purchase of goods or services is made; the following
questions should be answered:
1. Define the need – What kind of purchase is this?
2. Determine the cost – How much will this cost?
3. Process – Is this a project or purchase?
4. Protecting the City – How to properly protect the City from liability?
5. Authority – Who has to approve it?
6. Contract Administration – What are the responsibilities of the contract specialist?
1.4 CODE OF ETHICS (RCW 42.23)
“Public employment is a public trust.”
The public must have confidence in the integrity of its government. The purpose of this Code of
Ethics is to give guidance to all employees and elected officials so that they may conduct
themselves in a manner which will be compatible with the best interest of themselves and the
City of Pasco.
It is essential that those doing business with the City observe the following guiding ethical
standards:
A. Actions of City employees shall be impartial and fair.
B. The City will not accept donations of materials or services in return for a commitment to
continue to initiate a purchasing relationship.
C. City employees may not solicit, accept, or agree to accept any gratuity for themselves, their
families or others that would or could result in personal gain. Purchasing decisions must be
made impartially in the best interest of the City. Items complying with RCW 42.52.150 are
not considered gratuities if they do not exceed an aggregate value in excess of fifty dollars
($50.00) during any calendar year.
1. Such items include:
a. Unsolicited flowers, plants and floral arrangement.
b. Unsolicited advertising or promotion items of nominal value such as pens and
notepads.
c. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk
item, wall momentum, or similar items.
d. Food and beverage consumed at hosted receptions where the attendance is related to
the employee’s official duties.
e. Admission to and the cost of food and beverage consumed at events sponsored by or
in conjunction with the civic, charitable, governmental, or community organization.
f. Discounts or concessions routinely available to the general population.
8
g. Items received which do not result in personal gain such as samples to the City, which
are used for general City use.
2. The following are examples of items not considered gratuities:
a. Discounts or concessions routinely available to the general population;
b. Items received which do not result in personal gain; Samples to the City which are
used for general City use.
1.5 CONFLICT OF INTEREST
A. Individual: In accordance with 2 C.F.R. §200.18(c)(1), the City maintains the following
standards of conduct covering conflicts of interest and governing the actions of its
employees engaged in the selection, award and administration of contracts.
No employee or director may participate in the selection, award, or administration of a
contract supported by an award if he or she has a real or apparent conflict of interest.
Such a conflict of interest would arise when the employee, officer, or agent, any member
of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in or a
tangible personal benefit from a firm considered for a contract.
The employees or directors of the City may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts.
Any perceived conflict of interest that is detected or suspected by any employee or third
party shall be reported to the City Manager. If the City Manager is the subject of the
perceived conflict of interest, the employee or third party shall report the incident to the
City Council. No reprisals or retaliation shall occur as a result of good faith reports of
conflicts of interest.
B. Organizational: Federal fund purchases should not include parent companies, affiliate or
subsidiary organizations as this can be viewed as a conflict of interest.
C. Disciplinary Action: Violations of this policy may result in disciplinary action as
determined by Executive Management and/or City Council. The City shall take prompt,
corrective action to ensure that such conduct ceases and will not recur. City staff shall
document the corrective action taken.
1.6 UNAUTHORIZED PURCHASES
PURCHASES FOR PERSONAL USE ARE NOT ALLOWED. An employee ordering an
unauthorized and unjustified purchase, use of a City credit card, or City credit account shall be
personally liable for the costs of the purchase or contract and subject to reimbursement of all
City costs and disciplinary action, up to and including termination of employment. Purchases
made without proper authorization, but that are otherwise appropriate under this policy, may be
approved by the Department Director or other authorized approving authority under this Policy,
9
after the fact. The employee may be subject to reimbursement at the City’s costs and discipline
for purchases without property authorization.
1.7 RESPONSIBLE PURCHASING
The City shall acquire its goods and services in a manner that complies with all Federal, State,
City laws, and other requirements (e.g., City resolutions). The City shall purchase and use
materials, products and services which are fiscally responsible, reduce resource consumption and
waste, perform adequately, promote opportunities to lesser-advantaged segments of our
community and promote human health and well-being when possible.
A. Environmental factors to consider in selecting products include:
1. Waste generation.
2. Recycled content.
3. Energy consumption.
4. Potential impact on human health and the environment.
B. Social equity factors that should be considered include, but are not limited to:
1. Use of local businesses.
2. Use of small, minority and women-owned businesses.
3. Ergonomic and human health impacts.
C. Fiscal factors to be considered include but are not limited to:
1. Lowest total cost.
2. Leveraging our buying power.
3. Impact on staff time and labor.
4. Long-term financial/market changes.
5. Technological advances in a rapidly changing market.
2. PROCUREMENT METHODS
2.1 DEFINE THE NEED
The first question that should be answered is what type of procurement is it? Is it a project or
purchase? The major categories include:
A. Public Work: (RCW 39.04.010). “Public work” means all work, construction, alteration,
repair, or improvement other than ordinary maintenance, executed at the cost of the City.”
(RCW 39.04.010)
1. Examples: demolition, remodeling, renovation, and repair of road construction, building
construction, and utilities construction. Any construction of repair of a City facility is
10
presumed to be a public work project and subject to its bidding requirement unless it is
ordinary maintenance, exempt, with the purchase of materials, supplies, and equipment
not used in connection with the public work or services.
Ordinary maintenance is defined as work not performed by contract and that is performed
on a regularly scheduled basis to service, check or replace items that are not broken; or
work not performed by contract that is not regularly scheduled but is required to maintain
the assets so that repair does not become necessary (WAC 296-127-010).
* For purposes of prevailing wage requirements, public work includes ordinary maintenance
when performed by contract.
2. Exempt Projects and Purchases. Certain purchases that may otherwise be public work
projects are exempt by State law, which include: (1) solid waste collection and disposal
services; (2) pollution control equipment; (3) janitorial services; and (4) contracts for the
official newspaper.
B. Materials, Supplies and Equipment. Materials, supplies and equipment not used in
connection with a public work project are considered tangible items which are manufactured
and are moveable at the time of purchase. It is important to distinguish between materials,
supplies and equipment used in public work contracts as opposed to non-public work
contracts as different bidding requirements apply to each.
1. Examples: office supplies, off the shelf software, hardware, trucks, copy machines, auto
parts, gravel, janitorial supplies, and electronic data processing and telecommunication
equipment which is subject to competitive negotiation.
C. Services. Distinguishing between services and public work is also important, as services
may also have different bidding requirements. Services include the labor, time or effort of a
human being. The City has three classifications of services:
1. Professional Services. Services provided by independent consultants that require
specialized knowledge, advanced education, professional licensing or certification and
where the primary service provided is mental or intellectual, involving the consistent
exercise of judgment and discretion.
a. Examples: accountants, attorneys, consultants and graphic artists.
2. Architectural and Engineering Services (A&E Services). These services are to be
acquired under the authority and procedures outlined in RCW Chapter 39.80.
a. Examples: Engineers, land surveyors, architects, and landscape architects.
3. Purchased and Personal Services. All other service related work that is not considered a
public work or professional service. Most often these are routine in nature (i.e.: yearly,
monthly, weekly, etc.)
11
a. Examples: Building maintenance, elevator maintenance, automotive services, and
instructors.
2.2 DETERMINE THE COST
A. To determine the estimated cost of a project to purchase is a critical step which will generally
determine which competitive selection process you will need to follow. Estimated project
costs for competitive bidding purposes must include:
1. All construction related work (but not engineering/architectural design fees)
2. All phases of the project.
3. All applicable sales and use taxes.
B. Project costs should not include donated materials, labor, supplies, etc. See Appendix A for a
summary of bidding requirements by project type.
C. Sales tax should be included when determining the cost of a public work of the purchase of
materials, supplies or equipment. There are no retail sales or use tax exemptions for City
purchases except:
1. Labor and services rendered for the building, repair, or improving of any street, place,
road, highway, easement, right-of-way, mast public transportation terminal, or parking
facility, bridge, tunnel, or trestle owned by the City used primarily for pedestrian or
vehicle traffic. Materials used in constructing these projects are not exempt from sales
and use tax.
2. Labor and services for processing and handling of sand, gravel, and rock taken from City
pits and quarries when the material is for publicly-owned road projects.
2.3 CONTRACT BASICS
A contract is an agreement between two or more people to perform work for an agreed upon
price. There is an offer acceptance and exchange of consideration or value. In a public
purchasing context, a contract is an agreement by a vendor to provide goods or services to the
City in return for receiving payment from the public agency. The following is the basics for
entering into a contract:
A. The Invitation:
1. A solicitation (Invitation to Bid – ITB; and Request for Proposal - RFP/or Request for
Qualifications – RFQ) is an invitation to a contractor to make an offer.
2. Invitations are most often directed at multiple parties and outline the needs of the City.
B. The Offer:
1. The contractor’s returned quote/bid/proposal is their offer to the City to perform the work
outlining what and how much
12
2. The offer shows that the contractor is willing to agree to specific terms.
3. The offer is given to a particular party.
4. The Contractor has made an offer to do what the City requested for a specific price.
C. The Acceptance:
1. The City may now accept one of the offers.
2. The acceptance is a communication showing agreement to the exact terms of the offer or
a contract.
3. A contract requires an offer and acceptance.
4. Contracts must show that the offer made by the contractor has been accepted.
5. There are two ways to accomplish this. Include in the contract:
a. City’s Scope and Contractor’s quote/bid, or
b. If only using contractor’s quote/bid, include the following: “The terms of this
[quote/proposal] are mutually acceptable to the City and Contractor and are hereby
incorporated by reference into this Agreement as the Scope of [Work/Service].”
*For more information on contracting please go to Section 8: The Contract and Beyond.
2.4 EXCEPTIONS TO THE COMPETITIVE PROCESS
State law permits limited exceptions to the bidding requirements for public work, services
and goods/materials. Request for exceptions must be made to the City Manager or City
Council dependent upon threshold authority. Exceptions should make good business sense
and be in the best interest of the City. In all cases, it is the City’s responsibility to conduct a
good faith review of all available providers and determine that requested vendor is the only
applicable provider of such services/items.
It is important to note that ONLY the requirement for competitive bidding or advertising is
waived. It does not waive any contractual requirements, approvals, or insurance
requirements.
Type Example
Purchases that are clearly and
legitimately limited to a single
source of supply
Complete Sole Source
Worksheet (See Appendix B)
Licensed or patented goods or service.
Items which are compatible w/ existing equipment,
inventory, systems, programs or services.
Meets City standards (i.e. meters).
Factory-authorized warranty services.
Meets the specialized need of the City.
Purchases involving special
facilities or market conditions
Complete Sole Source
Worksheet (See Appendix B)
Item is of special design, shape or manufacture that
matches or fits w/ existing equipment, inventory,
systems, programs, or services.
Urgent Purchases An unexpected immediate need for goods and
services (non-emergency) which does not allow for
13
the competitive purchasing process.
Purchases in an emergency Present a real, immediate threat to the proper
performance of essential functions
Certain government to
government purchases
If another City provides maintenance service to our
City using its own forces, no competitive bidding
requirements arise. However, if the other City
contracts with a private company for this service,
competitive bid limits would apply.
A. Sole Source Process:
1. Fill out Sole Source Worksheet. Explain why this option is the only option, makes good
business sense, and is in the best interest of the City. The work sheet needs to be signed
by the requestor and the Department Director.
2. Threshold:
a. $50,000-$300,000: Submit the Sole Source worksheet to the City Manager for
approval.
b. >$300,000: Submit the Sole Source Worksheet to City Council. City Council shall
pass a resolution approving this determination.
3. Once the signed form is returned, purchase service/product from approved sole source.
B. Urgent Purchases
An “Urgent Need” is defined as “an immediate need for goods or services (non-emergency)
due to an unforeseen circumstance that does not allow for the normal purchase processing
time.”
Urgent need process:
1. Determine the action needed.
2. Obtain approval:
<$50,000 requires Department Director approval
>$50,000 requires City Manager approval.
3. Contact Finance Director if purchase will exceed the budget or financing assistance is
required.
Example:
The garage door at Public Works is stuck closed; the door must be fixed immediately.
All purchases in excess of $100,000, not initially approved by the City Council, shall be
reported to the City Council via the monthly Finance Report.
14
C. Purchases in an Emergency
For purposes of this section “emergency” means unforeseen circumstances beyond the
control of the City that either: (a) present a real, immediate threat to the proper performance
of essential functions; or (b) will likely result in material loss or damage to property, bodily
injury, or loss of life if immediate action is not taken. Competitive bidding may be waived
subject to the following process:
1. Mayor declares an emergency and City Attorney prepares emergency declaration.
2. Upon authority from the City Manager, the department may authorize work and/or
equipment procurement required to address the emergency situation.
3. Department will develop contract with written determination of the basis for the
emergency and for the selection of the particular vendor. This written determination shall
be included in the contract file.
4. Award the contract.
5. Department to schedule the contract award on next City Council regular agenda.
Coordinate with the City Attorney to prepare materials necessary to ratify emergency
declaration finding no later than two weeks following the award of the contract.
6. A record of the emergency procurement shall be made at the next regular City Council
meeting.
Example:
Our City water tank has been badly damaged and water pressure is threatened. Is this an
emergency?
This is not a natural disaster, but does “present a real, immediate threat” and makes
competitive bidding impractical. This would be treated as a “Declared Emergency.” Follow
the Declared Emergency Process.
*Emergencies involving FEMA reimbursements or work in critical areas may have different
or additional requirements. Please contact the City Attorney or Finance Department with
assistance with either emergency.
D. Government to Government
Washington's Interlocal Cooperation Act, ch. 39.34 RCW, authorizes public agencies to
contract with other public agencies via interlocal agreements that enable cooperation among
the agencies to perform governmental activities and deliver public services.
2.5 MRSC ROSTERS
MRSC Rosters is an efficient and affordable way for the City to procure services using a
roster contracting process. All business service categories are differentiated by type of roster.
Businesses choose the type of rosters they would like to be listed in and then select specific
service categories.
15
At least once a year (twice for vendor roster), on behalf of the City, MRSC shall publish in a
newspaper of general circulation within the jurisdiction a notice of the existence of the
rosters and solicit the names of contractors for such rosters. Responsible contractors shall be
added to the appropriate MRSC roster or rosters at any time that they submit a written
request and necessary records.
* Public Work that are federally funded have additional advertisement requirements.
A. Vendor Roster
The vendor roster offers product sales, equipment repair, vehicle maintenance, garbage
collection, and other purchased services as referenced in RCW 39.04.190.The City is not
required to use formal sealed bidding procedures to purchase materials, supplies, or
equipment not connected to a public work project where the cost will not exceed
$100,000.00.
1. The Competitive Process:
a. A written description shall be drafted of the specific materials, supplies, equipment or
services to be purchased, including the quantity, quality, and type desired, proposed
delivery date and any other significant terms of purchase.
b. The City shall make a good faith effort to contact three (3) of the vendors on the
roster to obtain telephone or written quotations from the vendors.
c. The City shall not share telephone or written quotations received from one vendor
with other vendors soliciting for the bid.
d. A written record shall be made by the City of each vendor’s bid and shall be made
open to public inspection or telephone inquiry after the award of the contract.
2. Complete the Purchase:
a. The City shall select the lowest responsible bidder, provided that whenever there is
reason to believe that the lowest acceptable bid is not the best obtainable, all bids may
be rejected and the City may call for new bids.
b. If a service contract is required in should include 3 complete sets:
i. General Services Contract – signed by Vendor.
ii. Attachment A – City’s Scope of Services.
iii. Attachment A1 – Vendor’s Quote/Proposal.
iv. Attachment B – City’s Standard Insurance Requirements.
v. Vendor’s Certificate of Insurance.
vi. Attachment C – Prevailing Wage Rates and Benefit Code Key.
3. Approval Process:
Refer to Purchasing Authority Matrix, pg. 2.
16
B. Small Works Roster
The Small Works Roster includes businesses who provide construction, building, renovation,
remodeling, alteration, repair or improvement of real property as referenced in the RCW
39.04.155. When the contract amount for a public work project is $300,000 or less, the City
may follow the Small Works Roster process for construction of a public work or
improvement as an alternative to the general competitive bidding requirements. The City
may require master contracts to be signed that become effective when a specific award is
made using a small works roster. See section 4.1, Unit Priced Contracting.
Per RCW 39.04.155(2)(c) quotations may be invited from all appropriate contractors on the
roster. As an alternative, quotations may be invited from at least five contractors on the
roster who have indicated the capability of performing the kind of work being contracted, in
a manner that will equitably distribute the opportunity among the contractors on the roster.
“Equitably Distribute” means that the City may not favor certain contractors on the roster
over other contractors on the roster who perform similar services.
If the estimated cost of the work is $150,000 to $300,000, the City may choose to solicit bids
from less than all appropriate contractors on the roster but must notify the remaining
contractors on the roster that quotations on the work are being sought. The City has the sole
option of determining whether this notice to the remaining contractors is made by: Publishing
notice in a legal newspaper in the general circulation in the area where the work is to be
done; Mailing a notice to these contractors; or Sending a notice to these contractors by
facsimile or email.
For further information on the competitive process for the small works roster please see
section 3.2, Small works roster.
C. Consultant Roster
The Consultant Roster includes businesses which provide architecture, engineering, and
surveying services as referenced by Ch. 39.80 RCW, as well as other professional services
such as management, financial, legal, communications, and environmental consulting. When
the contract amount for the professional services is $100,000 or less, the City may follow the
Consultant Services Roster as an alternative to the competitive bidding requirements for
professional and A&E services.
1. Competitive Process:
a. A written description shall be drafted of the services required.
b. The City shall make a good faith effort to contact three (3) of the vendors on the
roster to obtain telephone or written quotations from the vendors.
c. The City shall not share telephone or written quotations received from one vendor
with other vendors soliciting for the bid.
d. A written record shall be made by the City of each vendor’s bid and shall be made
open to public inspection or telephone inquiry after the award of the contract.
17
2. Complete the Purchase:
a. The City shall enter into negotiations with the most qualified provider in the effort to
secure an offer for provision of the services at a price not exceeding the price
determined to be fair and reasonable. If an agreement cannot be made, negotiations
will stop and the City will start negotiations with the next qualified candidate.
b. The General Services Contract should include 3 complete sets:
i. General Services Contract – signed by Vendor.
ii. Attachment A – City’s Scope of Services.
iii. Attachment A1 – Vendor’s Quote/Proposal.
iv. Attachment B – City’s Standard Insurance Requirements.
v. Vendor’s Certificate of Insurance.
vi. Attachment C – Prevailing Wage Rates and Benefit Code Key.
2.6 COOPERATIVE PURCHASING/STATE CONTRACT
Both the Washington State Department of General Administration and the Department of
Information Services (DIS) (https://des.wa.gov/services/contracting-purchasing) offer existing
contracts for goods and services that the City may use. In addition, the City has entered into a
number of agreements with other governmental units to share in cooperative purchasing and the
benefits of volume pricing.
When using a state contract or purchasing agreement, the City is, in essence, “piggybacking” off
of their competitive process thus eliminating the need to perform its own. The City may pay an
annual fee to the state or other governmental unit for the ability to piggyback off of their
contracts and encourages the use of these contracts whenever possible.
A. The Competitive Process:
1. Review participation requirements for procurement.
2. Establish specifications for procurement
3. Contact the Procurement Specialist for review and facilitation of purchase
B. Completing the Purchase:
1. State contracts include standard terms and conditions. When piggybacking off of a state
contract, all of the state contract terms and conditions apply. (i.e. some contracts require a
purchase order prior to purchase)
2. Occasionally, the City may opt to change the state’s contract requirements which will
require the City to develop its own Purchase Agreement identifying those requirements
that are unique to the City’s purchase.
3. Approval Process:
Refer to Purchasing Authority Matrix, pg. 2.
18
State contracts and co-ops typically have good pricing. However, keep in mind that they may
not always be the lowest cost option. These contracts offer a good starting point in the quote
process.
2.7 TELECOMMUNICATIONS AND DATA PROCESSING PURCHASING
The City may purchase telecommunications and data processing (computer) equipment and
software through a competitive negotiation process as an alternative to the bid process.
RCW 39.04.270 provides for an alternative competitive negotiation process requiring, at a
minimum, the following:
A. Requests for Proposals (RFPs) must be published in a newspaper of general circulation at
least 13 days before the last date on which the proposal will be received.
B. The RFP must identify significant evaluation factors, including price, and their relative
importance.
C. The City must provide reasonable procedures for technical evaluation of the proposals,
identification of qualified sources, and selection for awarding the contract.
D. The award must be made to the qualified bidder whose proposal is “most advantageous” to
the City. The City may reject all proposals for good cause and request new proposals.
3. PUBLIC WORK PROCUREMENT
All City projects and purchases for work, construction, alteration, repair, or improvement of any
City land, facility, structure, utility, or roadway constitute a “public work project,” and
compliance with the State’s bidding requirements, or its exceptions, is required. Public work
projects may consist of:
A. In-House, Day Labor or Contract Labor.
B. Small Works Roster.
C. Public work formal bid process, each depending on the cost for the project.
Bid Limit. According to RCW 35.23.352, (which is specified for second-class cities, but applies
to code cities generally; see RCW 35A.40.200) the City may construct any public work by
contract or day labor without calling for bids when the estimated cost of the work or
improvement, including cost of materials, supplies and equipment will not exceed $65,000 if
more than one craft or trade is involved or $40,000 if a single craft or trade is involved.
Whenever the cost of the public work or improvement will exceed these figures, the project shall
be done by contract, provided the City may let contracts using the small works roster process
provided in RCW 39.04.155.
3.1 REQUIREMENTS APPLICABLE TO ALL PUBLIC WORK BIDDING
METHODS
19
A. Bid Splitting. Cities may not break a public work projects into separate phases or parts to
avoid compliance with the bidding statutes. Likewise, the City cannot break a project into
phases for the purpose of estimating the cost of a public work project, even though those
phases are performed at different intervals of time. Even if the City will be completing the
actual project in phases, the total costs of all phases of the public work or purchase will
determine the method of bidding required. If the aggregated cost exceeds the applicable bid
limit, the City must bid each phase of the project even though a given phase is less than the
bid limit.
B. Developer and Joint Projects. If the project is done completely by developer and then
donated or dedicated to the City, the bid laws do not apply because the developer is not
acting as an agent for the City. Also, as a general rule, if the cost of the project involves any
City money, then the entire project is a public work project subject to the bidding laws and
the procedures of this policy. Exception - Joint projects where the City reimburses costs for
oversizing or other upgrades or improvements beyond those required to be performed by the
developer is not subject to L&I prevailing wage rates.
C. Determining the Cost of a Public Work. The total construction cost of each project must be
estimated in order to correctly apply bid limit dollar amounts to determine if a public work
project must be competitively bid. This estimate may be prepared by an outside third party;
however, the final cost estimate must be validated by the City. The total construction cost
(estimated as if the project were to be bid) is used to make the determination. The estimate
shall include materials, supplies, equipment, and labor on the construction of that project
AND applicable sales and use taxes. However, the value of volunteer labor, material, or
equipment should not be included in the cost estimate for a public work project, as these are
not a cost to the City. Design costs are also not included in the total project cost.
D. Prior to commencement of the public work project, the finance department, upon request,
will build a project number and account numbers for use in coding all costs associated with
the project.
3.2 PUBLIC WORK PERFORMED BY CITY STAFF - - IN-HOUSE WORK
Minor public work projects may be performed by City workers, day labor, or contract labor
without calling for bids when the estimated cost of the work or improvement, including costs of
materials, supplies and equipment will not exceed $65,000 if more than one craft or trade is
involved; or $40,000 if a single craft or trade is involved in the work. For any project performed
by City workers with an estimated cost in excess of $25,000, the City must publish a description
of the project and its estimated cost in the official newspaper at least fifteen (15) days before
beginning work as required by RCW 39.04.020
When the City executes any public work exceeding $5,000 by any means or method other than
by contract or small works roster, it must keep a full, true and accurate account and record of the
costs of executing such work as prescribed in RCW 39.04.070. The Public Work Record form to
be used is prescribed by the BARS manual.
20
3.3 SMALL WORKS ROSTER
A. Competitive Process. The following Small Works Roster procedures cover projects between
$35,000 and $300,000, and are established for use by the City pursuant to RCW 35.22.620
and RCW 39.04.155(1).
1. The City need not comply with formal sealed bidding procedures for the construction,
building, renovation, remodeling, alteration, repair, or improvement of real property
where the estimated cost does not exceed $300,000.00, which includes the costs of labor,
material, equipment and sales and/or use taxes as applicable.
2. The City shall obtain telephone, written or electronic quotations from contractors on the
appropriate Small Works Roster to assure that a competitive price is established and to
award contracts to a contractor who meets the mandatory bidder responsibility criteria in
RCW 39.34.350(1). The City may establish supplementary bidder criteria under RCW
39.34.350(2) to be considered in the process of awarding a contract.
3. The breaking of any project into units or phases is prohibited if it is done for the purpose
of avoiding the maximum dollar amount of a contract that may be let using the Small
Works Roster process.
4. A contract awarded from a Small Works Roster need not be advertised. Solicitations for
quotations shall include an estimate of the scope and nature of the work to be performed
as well as materials and equipment to be furnished. Detailed plans and specifications
need not be included in the invitation.
5. Quotations may be invited from all contractors on the appropriate Small Works Roster.
As an alternative, quotations may be solicited from at least five (5) contractors on the
appropriate roster who have indicated the capability of performing the kind of work being
contracted, in a manner that will equitably distribute the opportunity among the
contractors on the roster. “Equitably distribute” means that the City may not favor certain
contractors on the roster over other contractors on the roster who perform similar
services. At the time bids are solicited, the City representative shall not inform a
contractor of the terms or amount of any other Contractor’s bid for the same project.
6. The City should invite at least one proposal from a qualified minority or woman-owned
business entity.
7. If the estimated cost of the work is from $150,000 to $300,000, the City may choose to
solicit bids from less than all the appropriate contractors on the appropriate Small Works
Roster, but must also notify the remaining contractors on the roster that quotations on the
work are being sought. The City has the sole option of determining whether this notice to
the remaining contractors is made by:
21
a. Publishing notice in a legal newspaper of general circulation in the area where the
work is to be done.
b. Mailing a notice to these contractors; or
c. Sending a notice to these contractors by facsimile or other electronic means.
8. A written record shall be made by the City representative of each contractor’s bid on the
project and of any conditions imposed on the bid. Immediately after an award is made,
the bid quotations obtained shall be recorded, open to public inspection, and available by
telephone inquiry.
*Prevailing Wage and Public Bid opening is required.
B. Executing the Contract
1. The Small Public Work contract should include 3 complete bid packages including:
a. Small Public Work contract and Addenda.
b. All awarded contractor’s bid submittal forms.
c. Contractor’s Insurance Certificate.
2. Routing
Obtain the appropriate approval signature.
C. Approval Process
Refer to Purchasing Authority Matrix.
3.4 PURCHASES OF EQUIPMENT INCLUDING INSTALLATION
Some transactions bear the elements of both a purchase and a public work project. RCW
35.23.352(1) prohibits the division of a public work project into units of work or classes of
work to avoid the restriction on work that may be performed by City workers or day labor on
a single project.
Occasionally, projects include the direct purchase of equipment which is separate from the
installation. For example, the City can purchase equipment for $50,000 off of a state contract
at a lower cost, and the installation is estimated to cost $25,000.
Example:
How should this project be bid? Because the City cannot split public work into units to avoid
the bidding process, it must combine the cost of the two purchases and treat them as one to
establish the “project cost.” In this example, the project cost of the entire project is $75,000
(equipment @ $50,000 + installation @ $25,000), which exceeds the contract labor bid
threshold ($40,000 for single trade and $65,000 for multi trade). Therefore, the public work
installation must comply with the competitive bidding process - - in this case, the Small
Works Roster process. The purchase of the equipment will be made using the state contract.
22
What kind of contract should be used? There are so many variables to this type of purchase
that it would be difficult to highlight every possible scenario. Contact the Contract or
Procurement Specialist for assistance.
The Competitive Process. For the competitive process requirement, use the Project Cost
values:
1. Add the cost of the equipment purchase and installation costs to establish the Project
Cost.
2. Per the Project Cost values:
a. Follow appropriate equipment competitive process.
b. Follow appropriate Public Work competitive process (Project Cost = $75,000, follow
Small Works Roster Process: $35K-$300K).
Completing the Purchase.
1. Use appropriate equipment purchase process (purchase agreement) for the value of the
equipment only.
2. Use appropriate contract for the value of the public work only.
3. All other public work contract requirements such as retainage, bonding, etc. shall also
apply per the value of the public work only.
Approval Process. For the approval process, use the project cost values:
Refer to Purchasing Authority Matrix, pg. 2.
3.5 PUBLIC WORK – FORMAL SEALED BID PROCESS
A. Competitive Process: Competitive bidding is designed to prevent favoritism in awarding
public work contracts and to enable local governments to obtain the best work or supplies at
the most reasonable prices. It is also designed to provide a fair forum for bidders and to
protect the public interest.
1. Department will compile bid package.
2. According to RCW 35.23.352(1) the invitation for bid should be published in the official
newspaper at least 13 days prior to the date bids are to be received. The notice shall state
the nature of the work for which plans and specs will then be on file. The statutory
requirement of 13-days advertising for a public work project in formal bid process does
not apply to small works roster; advertising is not required. However, depending on the
complexity of the project, it is suggested that 7 to 14 days (or longer) should be allowed
for contractors to submit a proposal so they have adequate time to properly research the
specifications.
3. Bids must be sealed and filed within the time specified.
4. Each bid requires a bid proposal deposit of 5% or more in the form of cashier’s check,
postal money order, or surety bond.
5. Prevailing Wage is required.
23
6. Public bid opening is required.
B. Completing the Purchase: Contract.
1. The Public Work contract should include the complete bid packages and executed in
triplicate. The bid package consists of:
a. Public Work agreement – signed by the contractor.
b. Any Addenda.
c. All awarded contractor’s bid submittal forms.
d. Contractor’s Insurance Certificate.
2. Routing
a. Complete the Contract Routing/Approval Form.
b. Attach copy of agenda report materials if applicable.
C. Approval Process:
Refer to Purchasing Authority Matrix, pg. 2.
D. Formal Sealed Bid Process:
# Task Who Action
1. Obtain Project
Number Department Obtain project number from Finance
Department – Accounting Technician
2. Identify Grants of
Federal Fund Department Notify Finance Department, as
applicable
3. Prepare Bid
Documents Department
Forms may include:
Advertisement
Non-Collusion
Equal Opportunity
Bid Proposal Sheet
(includes Debarment language)
Bidder's Qualifications
Supplemental Criteria
Bidder's Checklist
Bid Bond
4. Advertise, Publish
and Notify Department Publicly Advertise, Publish Bid on City
website or other
5.
Schedule and
Conduct Bid
Opening
Department Department to schedule conference room
Department to open and read sealed bids
24
6.
Determine if
Bidder is deemed
Responsive and
Responsible. See:
5.2- No Bids or
Non- Responsive/
Responsible Bids
or Submittals
Department
Department to review low bid
received against responsibility and
responsive criteria and reject non-
responsive/responsible bidders
7. Document
Reasonable Cost Department
Compare Bid against original cost
estimate and determine and document
the “spread” is reasonable.
If cost spread is not reasonable,
the low bid may be rejected.
8. Bid Award Department
Department to prepare agenda materials;
Department to schedule award with
Council;
Route contract
E. Bid opening Process
1. Bid Due Dates. Time is of the essence. It is important to make the bid submittal time
clear in the bid documents. For example, “The bid form will be received up to 2:00 p.m.
on April 27, 20XX. Bids received after the date and hour, based on the time on our
atomic clock located in the City Council Chamber will not receive consideration.” For
example, if a bid is due at 2:00 p.m., a bid received at:
a. 1:59 p.m. is on time.
b. 2:00 p.m. is on time.
c. 2:01 p.m. is late.
If a bidder insists on submitting the bid and leaves it, do not open it. Make a photocopy of
the bid envelope with the time stamp, and immediately return the bid by certified mail,
return receipt requested.
2. Equal Treatment of Bidders. Avoid giving bidders an advantage to include: not
permitting bidders use of private offices and conference space for finalizing bid prices,
providing envelope for bidder to use in sealing the bid, or permitting bidder to use the
agency’s telephone, computer, fax, or photocopier. Avoid disclosing the names and
numbers of bidders who have submitted bids.
25
3. Receiving Bids Checklist.
a. Is the bid in writing? (No fax, email, telephone or oral bids). Note the Small Works
Roster may have less formal requirements.
b. Did the bidder attend the mandatory pre-bid meeting, if applicable?
c. Is the Bid envelope sealed? Offer tape if not sealed.
d. Is the correct information on the envelope?
e. Is the time stamp clear?
f. Is the time stamp prior to deadline?
g. All bids received shall be kept in a secure and centralized location not accessible to
other bidders. Bids should never be left unattended.
4. Withdrawal and Modification of Bids.
a. A request to withdraw or modify the bid in advance of the deadline may be received
verbally or in writing. If unfamiliar with the bidder, ask for identification.
b. Make a photocopy of the face of the bid envelope, ensuring the bid receipt time
shows up on the copy.
c. Have the bidder sign the photocopy with the following “Received by (signature,
printed name, date, time.)”
d. Keep the original signed photocopy.
e. Remove the bid receipt stamp or cross it out on the face of the bid envelope.
f. Return the bid to the bidder, notifying the bidder that if they choose to resubmit the
bid, it must be received prior to the bid submittal deadline, and stamped in again with
a new time and date stamp, prior to the deadline.
5. Modifying Bids from a Distance. The bidder may submit additional information
modifying a previously submitted bid if the modification is:
a. Received in writing.
b. Specifically identifying the original bid.
c. Signed by an authorized representative of the bidder.
d. Received prior to the bid receipt deadline.
e. In a sealed envelope.
f. Clear in stating what prices are being changed.
6. Subcontractor’s List.
a. Due either with the bid or within one hour of the Bid Submittal Deadline.
7. Opening the Bids. Bids should be opened in a public meeting. Read each bid before
opening the next one. Consider using one person to open the bids and the second person
to read. The project manager staff should record the prices on a bid tabulation form. The
bid reader should state publically all of the information noted in looking at the bid,
without passing judgment whether it is responsive or non-responsive; to include:
26
a. Name of bidder.
b. Is bid form signed?
c. Bid amount?
d. Is bid guaranty included?
e. Are addenda acknowledged?
f. Is subcontractor’s list included?
g. Is the bid bond included if required?
The bids will be evaluated for responsiveness after the bid opening. If a contractor wishes to
review the bids after the bid opening, allow only one contractor at a time to review the bids in a
monitored environment.
8. No Bids or Submittals Received. As provided in RCW 35.23.352(1), in the event the
City does not receive any bids or submittals on the first call, the City has three options:
a. Re-advertise and make a second call,
b. Enter into a contract with any qualified contractor, or
c. Purchase the supplies, materials or equipment and perform such work and
improvement by day labor (City staff).
Before determining which option would best fit, the department shall conduct a survey of
the registered bidders or proposers or any other known interested parties to determine:
a. Why didn’t they submit
b. Was the City’s document too restrictive or too complex
c. Was there ample time to submit
d. Were there too many open questions before the due date? The City Attorney’s Office
may be consulted with for additional assistance on determining the best option.
9. Determining Lowest Responsible Bidder. The City Council shall award the contract for
the public work project to the lowest responsible bidder, provided that, whenever there
is a reason to believe that the lowest acceptable bid is not the best price obtainable, all
bids may be rejected and the City Council may call for new bids. A responsible bidder
shall be a registered and/or licensed contractor who meets the mandatory bidder
responsibility criteria established by RCW 39.04.350 and who meets any supplementary
criteria established by the City.
10. Non-Responsive and/or Not-Responsible. There is a distinction between “responsible”
and “responsive.” Responsiveness is determined at the outset of the bid review process.
Has the bidder submitted a bid that is consistent with the specifications and call for bids?
If the bid is not consistent, it is non-responsive and should not be considered. A
responsive bid, however, may be made by a person or firm that is not responsible, that
is, the bidder has failed the responsibility criteria established by RCW 39.04.350. To be
a responsible bidder, the contractor must:
a. Be a registered contractor at the time of bid submittal (RCW 18.27.020);
b. Have a current Unified Business Identifier number;
27
c. Have industrial insurance coverage;
d. Have an employment security department number;
e. Have a State excise tax registration number;
f. Have never been disqualified from bidding under RCW 39.06.010 or RCW
39.12.065(3);
g. Have not had any apprenticeship violations, if applicable; and
h. Certify through a sworn statement that they are not a willful violator of labor laws in
reference to RCW 49.48.082.
Bids may be rejected as non-responsive for a multiple of material factors including
lack of subcontractor’s list when required (for contracts in excess of $1M or contracts
of 3 or more trades), insufficient bid guarantees, bids submitted after the deadline, did
the bidder qualify the bid and/or lack of acknowledgement of addenda. In general, a
material irregularity is required before the bid may be deemed non-responsive which
is defined as any variance which provides “a bidder substantial advantage or benefit
not enjoyed by others.” In the event the City receives a bid or submittal on the first
call but it is deemed non-responsive or non-responsible, the department shall consult
with the Attorney’s Office to determine whether it is a material or immaterial
irregularity. Each project will be evaluated on a case by case basis.
11. Supplemental Criteria. In addition to the statutory responsibility criteria, the City may
draft supplemental bidding criteria when in the determination of the Public Works
Director, unique or specialized skills are necessary as provided in PMC 14.15.010(2).
Such supplemental criteria may include such as the following:
a. Demonstration of successful experience of at least two (2) public work projects of
the same nature and cost within the prior five (5) years.
b. Demonstration of successful completion of a public work project of the same nature
and character of the proposed project including, but not limited to, of similar size
and quantities, occupancy, staged-construction, continued use or accessibility during
construction, or specialized construction techniques or processes.
c. Demonstration of sufficient financial capacity to fulfill the contract.
d. Demonstrated ability, capacity, and skill to perform the contract or provide the
service required.
e. The character, integrity, reputation, judgment, experience, and efficiency of the
bidder.
f. Whether the bidder can perform the contract within the time specified.
g. The quality of performance of previous contracts or services.
h. The previous and existing compliance by the bidder with the laws relating to the
contract or services.
i. Such other information as may be secured having a bearing on the decision to award
the contract.
j. The bidding documents must include the adopted supplemental criteria and:
i. A basis for evaluation.
ii. A deadline for bidder to submit responsibility documentation.
iii. A deadline for bidder to appeal a “not responsible” determination.
28
12. A potential bidder may request changes to the supplemental criteria, and the City is to
evaluate that request. If it agrees to change the criteria, it must issue an addendum. In
the event the City denies the requested change or determines the bidder “not
responsible”, it must provide in writing the reasons for the determination and provide the
bidder an administrative appeal within the time period specified within the bidding
documents. Supplemental Bidder Responsibility Criteria checklist is attached as
Appendix C. A Statement of Bidder Qualifications should also be included as part of
the bid documents demonstrating both the financial and technical experience of the
contractor and a bank reference.
3.6 ALTERNATIVE PUBLIC WORK CONTRACTING
A. Unit Priced Contracting
As an additional alternative to the public work bidding process, the City may enter into a unit
priced contract as authorized by 2018 ESSB 6143 as a method of obtaining services for
smaller projects through the use of an indefinite quantity delivery order contract for a fixed
period of time. The procedure for a unit priced contract shall be in compliance with RCW
35.23.352.
B. Performance Based Contract for Energy Equipment
The City may pursuant to RCW 39.35A.030 enter into a performance based contract when
contracting for certain water conservation, solid waste reduction, or energy services and
equipment. A “performance-based contract” is a contract that provides for payment only if
there are cost savings, if the payment obligation for each contract year is either set as a
percentage of the annual cost savings attributable under the contract or guaranteed by the
other persons or entities to be less than the annual cost savings attributable under the
contract. The competitive bidding process is not required, however, the procedure for
performance-based contract shall comply with RCW 39.35A.030.
4. PUCHASES OF MATERIALS, SUPPLIES AND EQUIPMENT
While the purchase of material, supplies, and equipment, does not require competitive bidding,
due diligence should be made to secure the most favorable pricing for City purchases. Purchases
are covered by RCW 35.22.620 (per RCW 35A.40.210). The City makes many small and large
purchases over the course of the year and must comply with State and local policy for each type
of procurement based on type of work, dollar limits, and level of risk involved with each
purchase.
4.1 PURCHASING PROCESS
A. <$50,000: NO competitive purchasing required but is highly encouraged to acquire three
quotes for items whenever possible to receive best value for the City.
29
B. $50-000-$300,000: Using the MRSC vendor list process is required. Please see section 2.5,
“MRSC Rosters”.
C. >$300,000: Formal RFP process required. Please see section 6 “RFP/RFQ” for more
information.
4.2 REQUIREMENTS
A. Vehicles & Select Equipment: Requires approval from the Fleet Advisory Committee.
B. Information technology: Requires approval from the Information Services Strategic
Committee.
For more information on purchasing information technology review Administrative Order
810, Procurement of Information Technology Resources.
5. SERVICE PROCUREMENT
The City is responsible to develop competitive processes for services. Contract for services
include personal/purchased services, professional services and architect/engineer services. There
is a distinction in the nature of these services, as well as the selection process.
5.1 PURCHASES OF PERSONAL/PURCHASED SERVICES
Personal/Purchased services include all other service related work that is not considered a
public work or professional service (i.e. ongoing support services, landscaping, building and
land maintenance contracts). Most often these are routine in nature (i.e.: yearly, monthly,
weekly, etc.) The RCWs do not require a competitive process for the selection of general
services, with the exception of the City newspaper.
To ensure a more competitive process, the City has adopted tighter standards for competitive
selection of professional services providers. Unless the City Manager approves in writing an
exception based on the best interests of the City to signing the agreement, the City shall
follow the following competitive process for selection of these services:
A. The Competitive Process. The competitive process for personal/purchased services is broken
into three categories:
1. Up to $50,000 – no competitive process required. It is still incumbent on department to
ensure that price is reasonable and provider is qualified.
2. $50,000-$300,000 – Either solicit for at the minimum of 3 quotes or more a competitive
process may be used.
3. Above $300,000– Formal advertised RFP or RFQ process required. See section 6
RFP/RFQ
30
B. Completing the Purchase.
1. The General Services Contract should include 3 complete sets:
a. General Services Contract – signed by Vendor.
b. Attachment A – City’s Scope of Services.
c. Attachment A1 – Vendor’s Quote/Proposal.
d. Attachment B – City’s Standard Insurance Requirements.
e. Vendor’s Certificate of Insurance.
f. Attachment C – Prevailing Wage Rates and Benefit Code Key.
2. Routing
a. Complete the Contract Routing/Approval Form.
b. Attach copy of agenda report materials if applicable.
C. Contract Approval Process:
Refer to Purchasing Authority Matrix, pg. 2.
5.2 PURCHASES OF PROFESSIONAL SERVICES
Services provided by independent contractors that require specialized knowledge, advanced
education, professional licensing or certification (other than architects, engineers, and land
surveyors) and where the primary service provided is mental or intellectual, involving the
consistent exercise of professional judgment and discretion (i.e. accountants, attorneys and
graphic artists).
A. Advertise. RCW 39.80.030 requires that the City shall publish in advance the City’s
requirement for professional services. The City may comply with this section by:
1. Publishing an announcement on each occasion when professional services provided by a
consultant are required by the City; or
2. Announcing generally to the public its projected requirements for consultant services to
include notice throughout Washington State (completed by MRSC Consultant Roster).
Such notice shall encourage consultant firms to submit annually a statement of
qualifications and performance data for consideration in selection of consultants to
provide services to the City. MRSC Consultant Roster process is required. See section
2.5.C Consultant Roster.
B. The Competitive Process. The competitive process for professional services is broken into
three categories:
1. Up to $50,000 – no competitive process required. It is still incumbent on department to
ensure that price is reasonable and provider is qualified.
31
2. $50,000-$300,000 – Either solicit for at the minimum of 3 quotes or more a competitive
process may be used.
3. Above $300,000– Formal advertised RFP or RFQ process required. See section 6
RFP/RFQ
C. Completing the Purchase.
1. The Professional Services Agreement should include:
a. Professional Services Agreement – signed by vendor.
b. City’s Scope of Services
c. Vendor’s Proposal.
Obtain a Certificate of Insurance that meets City’s Standard Insurance Requirements.
Information and Technology contracts may also include: Security Addendum,
Nondisclosure Agreement, and Technology Resource Usage Policy.
D. Approval Process
Refer to Purchasing Authority Matrix, pg. 2.
5.3 PURCHASES OF ARCHITECTS AND ENGINEERING SERVICES.
These services are to be acquired under the authority and procedures outlined in Chapter
RCW 39.80. Architectural and Engineering consultants (including land surveyors and land
architects) are initially selected based upon their qualifications, rather than price (see RCW
39.80.050). The City will negotiate a contract with the most qualified firm at a price which
the City determines is fair and reasonable. In making its determination, the City shall take
into account the estimated value of the services to be rendered as well as the scope,
complexity, and professional nature. If the City is unable to negotiate a satisfactory contract
with the selected firm at a price the City determines to be fair and reasonable, negotiations
shall be terminated and the City shall begin negotiations with the next highest qualified firm.
A. Advertise: There are two ways to advertise opportunities for A&E services:
1. Publishing an announcement on each occasion when professional services provided by a
consultant are required by the City; or
2. Announcing generally to the public its projected requirements for architectural and
engineering services to include notice to the architectural and engineering professional
communities throughout Washington State (done primarily through the MRSC
Consultant Roster). Such notice shall encourage firms engaged in the practice of
engineering and architecture to submit annually a statement of qualifications and
performance data for consideration in selection of consultants to provide services to the
City. MRSC Consultant Roster process is required. See section 2.5.C Consultant Roster.
32
* Funding Source (i.e. grants) may have specific advertisement requirements. Check funding
documents for detailed information.
B. The Competitive Process. To ensure a competitive process, the City has adopted standards
for competitive selection of professional services providers. Unless the City Manager
approves in writing an exception based on the best interests of the City prior to signing the
agreement, the City shall follow the following competitive process for selection of these
services:
1. Up to $50,000 – No competitive process required. Department Director shall solicit
proposals from qualified providers of such services and shall determine the most
qualified applicant and a fair and reasonable price, and shall attempt to negotiate a
contract in accordance with said determination and shall submit the contract to the City
Manager for final approval. It is still incumbent on department to ensure that price is
reasonable and provider is qualified.
2. $50,000-$300,000 – Consultant Roster with the RFQ process
3. Above $300,000– Formal advertised RFP or RFQ process required. See section 6
RFP/RFQ
C. Completing the Purchase.
1. The Professional Services Agreement should include 3 complete sets:
a. Professional Services Agreement – signed by consultant.
b. City’s Scope of Services.
c. Consultant’s Proposal.
d. City’s Standard Insurance Requirements.
e. Professional Liability (Error and Omissions).
f. Consultant’s Certificate of Insurance
2. Routing
a. Complete the Contract Routing/Approval Form.
b. Attach copy of agenda report materials if applicable.
3. Approval Process:
Refer to Purchasing Authority Matrix, pg. 2.
6. REQUEST FOR PROPOSALS (RFP)
REQUEST FOR QUALIFICATIONS (RFQ)
An RFP is a method of soliciting competitive proposals for a defined scope of work. The
proposals would normally include factors to measure qualifications, delivery, and service
33
reputation as well as price.
Stated another way, an RFP is a formal invitation from the City to a company to submit an
offer. The offer is to provide a solution (or proposal) to a problem or need that the City has
identified. An RFP is a solicitation process whereby the judgment of the supplier’s
experience, qualifications, and solution may take precedence over their cost proposal to the
City.
An RFQ is a method of soliciting competitive proposals that considers and evaluates
companies on the basis of demonstrated competency and qualification rather than price. This
process is typically used for A & E services where price is not a consideration. An RFQ will
generally result in negotiations.
6.1 ELEMENTS OF AN RFP
A. Project Background and Scope of Services.
B. Definitions.
C. Minimum Qualifications.
D. Technical Requirements (if any).
E. Schedule.
F. Cost Proposal.
G. Submittal Requirements.
H. Evaluation Process and Criteria.
I. Insurance Requirements.
J. Funding Sources (if applicable).
6.2 ELEMENTS OF AN RFQ
A. Project Background and Scope of Services.
B. Project Budget and Source of Funding.
C. Schedule.
D. Minimum Qualifications.
E. Submittal Requirements.
F. Selection Process/Evaluation Criteria.
Depending upon the complexity of the project, a typical RFP/Q takes around 6-8 weeks to
complete.
6.3 REQUEST FOR PROPOSALS/QUALIFICATIONS
# Task
1. Identify need
2. Determine the Estimate
3. Identify Grants or Federa
34
4. Develop Draft RFP/R
5. Finalize RFP/RFQ
6. Identify appropriate roster
7. Advertise, Publish and
8. Evaluate RFPs/RFQ
9. Conduct Interview
10. Identify "Apparently Successf
11. Negotiate Contrac
12. Award Contract
7. FEDERAL GRANT PROCUREMENT
Purchases made or work performed with Federal grant funds must follow the standards identified
in Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards (2 CFR Part 200) Subparts A-F. Also known as the Uniform Guidance.
Please note, the federal government does not recognize Washington State's Small Works
alternative procedures or thresholds. Do not use SWR procedures or thresholds if any federal
funding is included or used.
ALL GRANTS ARE DIFFERENT, so one size does not fit all. Some grants simply require you
to use the processes outlined in the City’s policy or the Uniform Guidance, while others require
you to insert their contracting clauses into your contract.
Prior to initiating any purchases or contracts with federal funds, the responsible administrator
will document that the procurement complies with the requirements of RCW 57.08.050 and
Uniform Guidance (note: the most restrictive procurement method will be used whether it be
35
federal, state, or local statutes). A copy of the documentation shall be retained in the department
files.
*It is important to remember compliance with the Uniform Guidance is required when any
amount of Federal Funds is used (Even if it is $1).
The Uniform Guidance allows for 5 acceptable procurement methodologies.
A. Micro-Purchases
B. Small Purchases
C. Sealed bids
D. Request for Proposals/Request for Qualifications
E. Sole Source
7.1 STANDARDS OF CONDUCT
A. The City must adhere to our conflict interest in section 1.5 Conflict interest when using
federal funds.
In the event of a conflict of interest determination, the violation shall be reported to the
federal awarding agency in accordance with that agency’s policies
B. The city must avoid acquisition of unnecessary or duplicative items.
C. Consideration should be given to consolidate to obtain a more economical purchase
D. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any
other appropriate analysis to determine the most economical approach.
E. All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards in the Uniform Guidance.
F. The City must award contracts only to responsible contractors
1. Contractors must possess the ability to perform successfully under the terms and
conditions of a proposed procurement.
2. Consideration will be given to such matters as contractor integrity, compliance with
public policy, record of past performance and financial and technical resources.
3. Suspension and debarment checks for contracts over $25,000 should be made on the
EPLS site (www.sam.gov) and documented or add in the clause in the procurement
contract. To ensure compliance document process by printing out the screen verifying
suspension and debarment check.
G. Procurement Records: For all procurements the City shall:
1. Detail history of the procurement
2. Rationale for method of procurement
36
3. Selection of contract type
4. Contractor selection or rejection
5. Basis for contract price
H. The City must take all necessary affirmative steps to assure that minority businesses and
women’s business enterprise are used when possible.
1. Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists.
2. Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources.
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women’s
business enterprises.
4. Using the services and assistance, as appropriate, of organizations as the Small Business
Administration and the minority Business Development Agency of the Department of
Commerce.
5. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed above.
I. Cost or Price Analysis
1. The City must perform a cost or price analysis, in connection with every procurement
over $150,000.
2. The City must create independent estimates before receiving bids or proposals.
a. Materials/supplies/equipment
b. Labor
c. Profit Considerations:
i. The complexity of the work to be performed
ii. The risk borne by the contractor, the contractor’s investment
iii. The amount of subcontracting
iv. The quality of its record of past performance
v. Industry profit rates in the surrounding geographical area for similar work.
7.2 MICRO-PURCHASES PROCEDURES
A. Not to exceed $3,500. Micro-purchase threshold set by Federal Acquisition Regulation
(FAR) at 48 CFR Subpart 2.1
B. No quotations, price must be reasonable.
1. To document reasonable price: Department Director reviews and signs the invoice
signifying acceptance of the price.
7.3 SMALL PURCHASE (SIMPLIFIED ACQUISITION) PROCEDURE
37
A. Not to exceed $150,000. Simplified Acquisition threshold set by Federal Acquisition
Regulation (FAR) at 48 CFR Subpart 1.
B. Procurement process should be “simple and informal” and quotes must be obtained from a
qualified number of sources.
1. Call, email or web research at least 3 contractors
2. Review the quotes and select the quote that is most advantageous
3. Document all 3 quotes and basis for selection/non-selection
7.4 SEALED BIDS
A. $150,000 or more.
B. For competitive process see section 3.5 Public Work – Formal Sealed Bid Process
C. Considerations:
1. A complete, adequate, and realistic specifications or purchase description is available
2. Two or more responsible bidders are willing and able to compete effectively for the
business
3. The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
4. Bids must be solicited from an adequate number of known suppliers, providing them
sufficient response time prior to the date set for opening the bids
5. The invitation for bids must be publicly advertised
6. Must define the items or service in order for the bidder to properly respond
7. A firm fixed price contract award will be made in writing to the lowest responsive and
responsible bidder.
8. Any or all bids may be rejected if there is a sound documented reason.
7.5 REQUEST FOR PROPOSALS (RFP)/ REQUEST FOR QUALIFICATIONS
(RFQ)
C. $150,000 or more.
D. For competitive process see section 6 Request for Proposals (RFP) Request for Qualifications
(RFQ)
E. Considerations:
1. Request for proposals must be publicized and identify all evaluation factors and their
relative importance. Any response to publicized requests for proposals must be
considered to the maximum extent practical
2. Proposals must be solicited from an adequate number of qualified sources
3. There must be a written method for conducting technical evaluation of the proposals
received and for selecting recipients.
38
4. Contracts must be awarded to the responsible firm whose proposal is most advantageous
to the program, with price and other factors considered.
7.6 SOLE SOURCE
A. No threshold.
B. For Sole Source see section 2.4 Exceptions to the Competitive Process
C. Considerations:
1. The justification needs to documented.
2. The justification must be legitimate and sound
a. Unique product/service
b. Competition inadequate after soliciting proposals
3. Already declared sole source by the City would suffice
8. ADDITIONAL CONSIDERATIONS
There are additional elements that may be applicable to both public work projects and purchases.
Some of those major elements are addressed below.
8.1 PREVAILING WAGES
A. What are prevailing wages? The Department of Labor and Industries requires that workers be
paid prevailing wages when employed on all public work, public building service
maintenance and contracted maintenance, based upon the classification of labor performed.
A notable exception to this requirement is that sole proprietors, who perform the actual work
on public work projects, are not required to pay themselves prevailing wage rates.
All public work, including maintenance when performed by contract, shall comply with
RCW 39.12.020 as it pertains to prevailing wage requirements. According to RCW
39.04.010(4) there are clearly two categories of work that must comply with prevailing wage
requirements: (1) Public Work and (2) Maintenance when performed by contract.
Prevailing Wages are defined as the hourly wage, usual benefits and overtime, paid in the
largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing
wages are established, by the Department of Labor and Industries, for each trade and
occupation employed in the performance of public work or maintenance contract. They are
established separately for each county, and are reflective of local wage conditions.
B. What are the responsibilities of the City when contracting covered work? The City, in
awarding a contract, must make the determination of whether that contract involves “public
work” and communicate it to contractors in the bid specifications and contracts. Contractors
39
are not responsible for making the legal determination of whether a contract does or does not
meet the definition of a “public work” contract. The law does not allow cities to place this
burden upon the vendor. For example, it is insufficient to state, “Contractors shall comply
with the prevailing wage law, if applicable.”
C. What provisions must be made for prevailing wage? The City’s bid specifications and
contracts for public work must contain a provision stating the required prevailing rates of pay
and stipulate that workers shall receive no less than the prevailing rate of wage. Those bid
and contract documents must also contain:
1. A list of the applicable prevailing wage rates, or
2. The URL to the Department of Labor & Industries prevailing wage rates pages
(http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp) , and
a. Identify the exact wage publication date to use (e.g., “Use October 14, 2010 rates.”);
b. State the county in which the public work project is located;
c. Specify that a copy of the applicable wage rates is available for viewing at the City
(specify office); and,
d. Explain that the City will mail a hard copy of the applicable wage rates upon request.
3. If federal funds are involved, all bid specifications and contracts shall include the Davis-
Bacon Act
D. What are the public building service maintenance contract requirements? Public building
service maintenance (janitorial) contracts of more than one-year duration must include wage
language recognizing the potential for future variance in applicable prevailing wages each
year after the first year of the contract.
E. What are the contractor’s filing requirements? Public work contracts require that each and
every contractor and sub-contractor on the project file the Statement of Intent to Pay
Prevailing Wages and Affidavit of Wage Paid forms. The requirement to submit these forms
should also be stated in the contract.
F. When does the contractor file Intent? The Intent form is filed immediately after the contract
is awarded and before work begins, if that is possible. The City may not make any payment
until contractors have submitted an Intent form certified by the Industrial Statistician.
G. Is there a minimum contract amount for a contractor to file? There is no minimum dollar
contract amount. That is, Intent and Affidavit forms are required for every public work
contract, regardless of the size of the contract. Note that there is an alternate combined
Intent and Affidavit form: one for projects of $2,500 or less.
H. What are awarding agency requirements when disbursing public funds? Agencies may not
make any payments where contractors or subcontractors requesting payment have not
submitted an “Intent to Pay Prevailing Wage” form that has been approved by the Industrial
40
Statistician of L & I. Agencies may not release final payment until all contractors have
submitted an Affidavit of Wages Paid form that has been certified by the Industrial
Statistician of L & I.
I. When does the contractor file an Affidavit? The Affidavit form is not filed until after all the
work is complete. The City may not release final payment until all contractors have
submitted an Affidavit form that has been certified by the Industrial Statistician.
*ALWAYS VERIFY THAT PREVAILING WAGE IS NOT REQUIRED.
8.2 RETAINAGE
Retainage is a portion of the agreed upon contract price deliberately withheld until the work is
substantially complete to assure that contractor or subcontractor will satisfy its obligations and
complete a construction project.
A. What is the purpose of retainage? According to RCW 60.28.011(1) “Public improvement
contracts shall provide, and public bodies shall reserve, a contract retainage not to exceed
five percent of the moneys earned as a trust fund for the protection and payment of: (a) The
claims of any person arising under the contract; and (b) the state with respect to taxes
improved pursuant to Titles 50 (Employment Security Department), Title 51 (Labor and
Industries), and Title 82 (Department of Revenue).
B. What level of retainage is required? Contracts less than $35,000, a contractor may opt to
have 50% retained in lieu of an obtaining a performance bond.
C. What is a retainage bond? Instead of having retainage withheld from the contract payments,
a contractor may opt to submit a retainage bond instead covering any, or all, of the contract
amount. The bonding company, or surety, agrees to stand in place of the retainage that would
be typically withheld, and to pay any claims filed. Local governments must accept these
retainage bonds unless they can demonstrate a good reason for refusing.
D. When can retainage be released? After final acceptance of the project, the retainage may be
released after all release notifications have been received from the Department of Revenue,
Department of Labor and Industries, and Department of Employment Security. Upon receipt
of all releases, department staff shall notify the Accounting Technician in Finance to release
the funds. Such amount shall be held for a period of thirty (30) days after the date of final
acceptance, or until receipt of all necessary leases from the Department of Revenue, the
Employment Security Department, and the Department of Labor & Industries, and settlement
of any liens whichever shall last occur.
8.3 RISK MANAGEMENT CONSIDERATIONS
The City enters into numerous contracts throughout the year. These contracts involve risk. City
property can be damaged. Employees of the City, contractors, sub-contractors, and suppliers can
be injured. Members of the public can be harmed. These and other accidental losses can arise
during and as a result of the activities during the contract fulfillment process. The City seeks to
41
transfer responsibility to such events to those with whom it contracts.
The City’s approach to contracting is designed and managed so as to avoid undue exposure to
risk with exceptions where it makes good business sense. Insurance requirements are completely
dependent upon the activity being performed under contract. Which requirements and how much
are determined on a case-by-case basis.
Certificates of insurance may be required depending on the nature and scope of the work to be
performed. For the contractor insurance requirements specific to any project, the Department
shall consult with the City’s designated risk manager. Verification of appropriate insurance
requirements shall be completed prior to the commencement of work. Any waiver of insurance
requirements requires the approval of the City’s designated risk manager. This may be
appropriate in the following situations:
A. Waiving a portion of the Standard Insurance Requirements.
1. Where the contractor is a sole proprietor, the worker’s compensation insurance
requirements may be waived.
2. Where the contractor or its employees will not be using automobiles in the performance
of the contract, the business automobile requirement may be waived.
9. CONTRACT MANAGEMENT
9.1 CONTRACT ELEMENTS
A. Duration of Contracts. Public Work and A & E Service contracts typically cover the duration
of a project and should include estimated time-frames and milestones.
Professional and General Service contracts may be made for ongoing services for a stated
period of months or years. In each situation, such contacts should be terminable, upon
reasonable notice, and should be subject to review every four years.
B. Basis for exception of contract duration. The City may choose to issue a longer term contract
if it will achieve significant cost savings with a longer contract or if the contractor is required
to invest in major capital equipment and a longer time-frame to support the purchase.
Exceptions to contract duration shall be approved by the Department Director prior to
contract execution.
C. Developing the Contract – Service Contracts. The single most important element in the
contract is the Scope of Work/Services. The Scope documents all elements of the work,
magnitude of the project and reflects the mutual understanding of the parties. The scope
should be consistently applied in the solicitation and the contract. Here are a few things to
consider when developing your scope:
1. Set clear expectations and discuss with Contractor.
42
2. Hold the contractor accountable.
3. Be precise. Avoid ambiguity.
4. Use active voice (i.e., “The Contractor will or shall”).
5. Due dates and deliverables.
6. Other considerations when developing the contract are:
a. Term of contract or period of performance.
b. Compensation and payment.
c. Payment terms – The City’s Standard payment terms are as follows:
i. Contractors provide monthly invoices to the City.
ii. All invoices shall be paid within 30 days of receipt and approval
7. If the contractor does not agree to standard contract terms:
a. Contractor identifies specific changes proposed to standard form language.
b. Department contacts attorney to review proposed changes and accept/reject.
c. Attorney makes any acceptable changes to standard form contract.
d. Department handles routing of final modified contract.
9.2 PAYMENT OPTIONS
Prior to contract award, payment terms should be identified to determine the most effective
compensation method. The most common include:
A. Hourly/Time and Materials. The City pays a fixed hourly rate and pays for the cost of certain
specific services and/or materials. For certain professions, such as consultants, this is the
standard option. Time and materials contracts should have a ceiling amount or a not to
exceed amount included. This type of payment term may be used if the City is unable to
clearly define the level of effort required to accomplish the objectives. A time and materials
contract places most of the risk on the City and little on the contractor and provides no
positive profit incentive to the contractor for cost control or labor efficiency. Frequent
contract monitoring is required to ensure that the number of hours is kept to a reasonable
level.
B. Fixed-FFP or Lump Sum. The contractor receives a fixed amount or lump sum payment
based on terms established in the contract. Typically, payment is tied to a completion of
agreed upon performance achievements. Other alternatives are possible, such as progress
payments made to compensate for activities conducted over the specific period of the
contract. This type of contract should generally establish a minimum allowable level of
compensation. With this method of compensation, the City may not be required to pay if
specific terms in the contract are not met and thus the risk is placed on the contractor.
C. Cost Reimbursement. A Cost reimbursement method of compensation has a higher risk for
the City because it reimburses the contractor for all costs incurred under the terms of the
contract. To prevent overpayment, allowable cost provisions should be clearly identified.
Department Staff should consider including a contract provision for a maximum allowable
compensation level for the contract period and budget. Cost reimbursement contracts
generally require more fiscal pre-planning and monitoring than other methods.
43
D. Performance Based. These contracts are based on attainment of a specific outcome. The rate
of compensation is generally negotiated based on cost information provided by the
contractor. Generally, performance based contracts identify the maximum allowable
compensation. This allows the City to define the quality of services in terms of performance
standard and pay accordingly. Performance based contracts differ from time and materials or
fixed price contracts in that if the quantifiable quality of service is low, the payment may be
reduced or withheld. This requires a higher level of reporting from the contractor to the City.
The contractor primarily assumes the risk because the City does not pay if performance
levels are not met.
9.3 CONTRACT EXECUTION AND ADMINISTRATION
A. Contract Execution. The contract is fully executed when all authorized parties have signed it.
Upon execution, signed copies of the contract should be provided to all interested parties
including, at a minimum, the contractor and City Clerk. The City Clerk will scan each fully
executed contract and make available for City staff to review electronically.
Contract Administration. Contract administration means any activity related to contracting,
including the decision to contract, contractor screening, contractor selection, contract
preparation, contract monitoring, auditing and post contract follow up. Typical
responsibilities of the department staff monitoring the contract include:
1. Understanding the contract, including the specific contract obligations and performance
indicators by which performance will be monitored.
2. Assessing the risks related to the project before soliciting proposals and contracting to
determine the extent of the monitoring required.
3. Ensuring the contractor has a clear understanding of how the contract will be managed
and monitored.
4. Providing the contractor with guidance and technical assistance, as needed, to promote
effective contract performance.
5. Identifying the extent and source of funding for services provided.
6. Monitoring the contractor’s activities to ensure quality service delivery. Ensuring funding
is used only for authorized purposes.
7. Reviewing invoices and verifying that delivery of services is rendered.
8. Resolving issues or problems that arise during the contract.
9. Measuring and tracking satisfaction with contractor performance.
10. Complying with State and City rules and regulations.
11. Documenting the contract to validate that effective contract management has occurred.
B. Contract managers need to be mindful of the following:
1. Instructing the contractor to begin work before the contract is executed and approved.
2. Changing the description, scope, period of performance, or cost of the contract without
processing a written amendment.
3. Directing the contractor to do work that is not specifically described in the contract.
4. Signing a contractor’s contract form (some exceptions apply)
44
5. Authorizing payment to the contractor for any work not performed satisfactorily.
6. Paying for the same or similar services more than once.
9.4 CONTRACT MONITORING - PERFORMANCE
A. Monitoring Contract Performance. Monitoring means any planned, ongoing, or periodic
activity that measures and ensures contractor compliance with the terms, conditions, and
requirements of a contract. The level of monitoring should be based on a risk assessment of
the contractor’s role in delivering the services and the contractor’s ability to deliver under the
terms of the contract.
B. The purpose of monitoring is to endure the contractor is:
1. Complying with the terms and conditions of the contract and applicable laws and
regulations.
2. In compliance with the contract through identifying and resolving potential problems and
providing constructive, timely feedback.
3. Adhering to the project schedule and making appropriate progress toward the expected
results and outcomes.
4. Providing the quality of service expected.
C. Monitoring Activities May Include.
1. Periodic contractor reporting – Require the contractor to submit progress reports or other
appropriate data or reports, based on pre-defined criteria, and review the contractor’s
reports for verification of services provided and adherence to the contract. Substandard
performance should be identified and addressed timely and appropriately.
2. Invoice review – Compare billings with the terms agreed upon in the contract. Ensure the
costs being charged are within the contract parameters.
3. Other periodic contact with contractor – On-site visits to maintain contact with the
contractor to review progress on a regular basis. Good contract monitoring includes a
continuous dialogue with the contractor.
4. Schedule- Document any impacts to project schedule (i.e. weather)
5. Poor Performance- Document all poor performance in writing. Retain any
correspondence regarding performance with Contractor and City Personnel.
9.5 CONTRACT MONITORING -PAYMENT
A. Reviewing Invoices for Payment. Contract payment is the process by which the contractor
submits invoices for reimbursement for services and receives payments. Department staff
must carefully review the contractor’s request for payment to verify the accuracy of all
charges.
B. Considerations.
1. Are the hours/costs commensurate with the services or deliverables received?
45
2. Is the service period identified on the invoice; and, were the services rendered prior to
contract expiration?
3. Do the rates invoiced match the rates stated in the contract?
4. Has the necessary documentation been included to verify charges accurately? Is there
enough money remaining on the contract?
5. Reimbursable expenses. Below are the recommended reimbursable expenses:
a. Travel
b. Mileage
c. Food
d. Miscellaneous expenses
6. If charges are acceptable, department staff submits a claim approval form for payment.
Payment terms are 30 days from date of invoice.
9.6 AMENDMENTS AND CHANGE ORDERS
A change order or an amendment is the formal document that alters some condition of the
contract documents. The change order may alter the contract price, schedule of payments,
completion date, or the plans and specifications. Change Orders are changes to Public Work
Agreements and reflect additional work that must be completed to meet the contract
requirements and without which the work requested in the original contract could not be
completed. If a change order issued is truly due to unforeseen conditions, with no change in the
original scope, then a new competitive bid process is not required. An amendment is a change to
a service contract. Changes to contracts may be processed as amendments, rather than new
contracts, only if the changes are within the general scope of the original agreement.
These situations should be distinguished from extra work which could stand on its own and is
outside and independent of the contract. Appropriate uses of change orders include:
A. Scope. This may include adding, modifying or deleting tasks, services or deliverables, or
revising specifications. Changes to scope should be well documented and include any cost
increases or reductions associated with these changes.
B. Cost. If the cost of the contract is increased or decreased, document reasons for change (e.g.:
scope changes).
C. Term of Contract/Period of Performance. An extension to the contract end date is the most
common change to the period of performance. Minor modifications, which do not materially
affect the scope or cost of the contract, such as address changes or staff changes do not
require a formal amendment, but should be documented in writing.
Changes that are outside the general scope of the contract are not appropriate to award
through contract amendments. Such changes would have the effect of making the work
performed substantially different from the work the parties bargained of at the time the
original contract was awarded.
NO CITY EMPLOYEE IS AUTHORIZED TO VERBALLY AMEND A CONTRACT OR
AUTHORIZE A CHANGE ORDER. All contracts and change orders must be in writing,
46
approved, and signed by the authorized City official prior to the performance of any service,
work, or purchase contained in the amendment or change order. Failure to comply with this
requirement may have serious adverse consequences to the parties, City, and City employee.
9.7 CONTRACT CLOSE-OUT AND TERMINATION
A. Contract Termination. Contracts may be terminated prior to the completion date of the
contract either for convenience of the parties, or for cause. Contact the City Attorney’s Office
for guidance when considering a contract termination.
Contract termination should be done in writing and routed through the contract process (refer
to the contract for process).
B. Contract Close-Out Process. Invoices that are submitted after contract expiration may still be
paid if the following conditions apply:
1. Invoice or pay estimate must clearly show that services were performed prior to contract
expiration.
2. Sufficient funds existed prior to “close” out.
*Note that every effort should be made to process invoices in a timely manner to eliminate
delays and extra steps in payment processing.
C. Public Work Close-Out Process for Projects >$35,000. A “Notice of Completion of a Public
Work Contract” form shall be filed with the State Department of Revenue for contracts
$35,000 and above. Once the contract is complete it is critical that department staff complete
the close-out process in a timely manner and stay on a schedule.
1. Project Acceptance Memo (completed by department staff) 45-day lien period starts from
the date of project acceptance.
2. Council Final Acceptance- Department staff requests final acceptance from City Council
by preparing council agenda report.
3. Notice of Completion of Public Work Contract- Completed and submitted to Department
of Labor & Industries by department staff, after acceptance by City Council, if
applicable.
4. Employment Security Release Letter from agency
5. Department of Revenue Release Letter from agency.
6. Department of Labor & Industries Release Letter from agency.
D. Releasing Retainage.
1. Retainage – Once the above mentioned letters are received, the department staff will
request the finance department to release retainage by memo along with a copy of the
letters received.
47
2. Retainage Bond – Once the above mentioned letters are received the department staff will
release the bond, if additional retainage above the bond amount was retained then the
Retainage release mentioned above will apply also.
Whenever any valid lien has been filed against the retainage, the City may only release
that amount of the retainage which is in excess of the total amount of the valid lien claims
and an amount sufficient to defray the costs and attorney’s fees of the claimants in
foreclosing the liens.
9.8 RENEWALS VS. YEAR-TO-YEAR CONTRACTS
A. Keep in mind that including additional periods and/or renewal language in your solicitation
and/or contract document provides for greater continuity with terms and conditions such as
pricing, scope and availability. More often than not, contractors will give discounts for
longer term contracts.
B. To enter into a series of year-to-year (or stand-alone) contracts, opens up the terms and
conditions for contractors to modify their price and availability. Stand-alone contracts
require a competitive process at each contract period and therefore may result in higher
costs to the City.
C. If a contract includes “options to renew” language, the contract must be routed to include all
future renewals of the “potential value” of the contract.
SOURCES & TERMS
SOURCES:
48
• City of Pasco Municipal Code
• Washington State RCWs
• Municipal Research and Services Center
• The Bidding Book
TERMS:
Acronyms:
• SOQ – Statement of qualifications
• RFQ – Request for Qualifications
• RFP – Request for Proposal
• ITB – Invitation to Bid (Formal Bid)
• ITQ – Invitation to Quote (Small works)
• MWDBE – Minority, Women and Disadvantaged Business Enterprise
• CIP – Capital Improvement Plan
• Purchasing, Procurement:
o Purchasing is the act, function and responsibility for the acquisition of equipment,
materials, supplies and services. The term describes the process of buying
o Procurement includes all functions that pertain to the acquisition, including description of
requirements, selection and solicitation of sources, preparation and award of contract and
all phases of contract administration.
• Vendor, Contractor and Consultant:
o Vendor is typically used when referring to a supplier, one who sells goods, materials or
supplies.
o Contractor is typically used when referring to a construction or maintenance company.
Can also apply to an individual or business having a contract with the City.
o Consultant is typically used when working on a Professional Service Contract. The term
means a person with education and/or experience which uniquely qualifies them to
perform some specialized services.
• Bid, Quote, Proposal:
o Bid is an offer submitted by a contractor in response to an invitation to bid (ITB) or
advertisement. Typically, bids result in contracts awarded to the lowest responsive,
responsible bidder.
o Quote is a statement of prices, terms of sale and description of goods or services offered,
by a vendor, to the City. Commonly used in more informal solicitations.
o Proposal is the document submitted by the offer or in response to an RFP/Q. Proposals
allow contract award based on factors other than cost and may result in negotiations.
APPENDIX A
SOLE SOURCE WORKSHEET
Requisition Item: ___________________________________ Requisition No. ____________
49
Prior Purchase Order Number (if item had been approved previously): _____________________
1. Please describe the items and its function:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. This is a sole source because:
□ Sole provider of a licensed or patented good or service
□ Sole provider of items that are compatible with existing equipment, inventory, systems,
programs or services
□ Sole provider of goods and services for which the City has established a standard
□ Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function (please detail below or in an attachment)
□ The vendor/distributor is a holder of a used item that would represent good value and is
advantageous to the City (please attach information on market price survey, availability,
etc.)
3. What necessary features does this vendor provide which are not available from other vendors?
Please be specific.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. What steps were taken to verify that these features are not available elsewhere?
□ Other brands/manufacturers were examined (please list phone numbers and names, and
explain why these were not suitable).
□ Other vendors were contacted (please list phone numbers and names, and explain why
these were not suitable).
5. Sole source vendor certifies that the City is getting the lowest price offered for the item.
Certification of Need
This recommendation for sole source is based upon on objective review of the product/service required
and appears to be in the best interest of the City. I know of no conflict of interest on my part of personal
involvement in any way with this request. No gratuities, favors or comprising actions have been taken.
Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a
deciding influence on my request to sole source this purchase.
By: _________________________________________________ Date: __________________