Bear Valley Indian Valley Fire Department
PURCHASING & PROCUREMENT POLICY
SECTION 1 - PURCHASING POLICIES
- In order to guarantee competitive and advantageous procurement, it is the policy of the Bear Valley Indian Valley Fire Department, as a quasi-state government agency in the State of California, that all purchases authorized by the department will follow:
- Code of Federal Regulations Title 2: Grants and Agreements: Chapter II: Part 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS; Subpart D-Post Federal Award Requirements; 200.320 Methods of procurement will be followed.
- The following methods of procurement will be followed:
- Micro-purchases: Procurement by micro-purchase is the acquisition of supplies and or services, the aggregate dollar amount which does not exceed $3,500. To extent practicable the department will distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the department considers the price to be reasonable.
- Small purchases: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the $15,000. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
- Sealed bids: The sealed bid procedure will apply to the acquisition of services, supplies, or other property that cost in excess of $15,000. Bids will be solicited and a firm fixed contract prices is awarded to the responsible bidder whose bid, conforming to all material terms and conditions of the invitation for bids, is the lowest qualified price. If sealed bids are used, the following requirements apply:
a. Bid specifications will not be proprietary to any one product or manufacturer.
b. Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening bids. The invitation for bids must be publicly advertised (published in a public location – i.e. U. S. Post Office, Website, etc.)
c. The invitation for bids will include any specifications and pertinent attachments.
d. All bids will be opened at the time and place prescribed in the invitation for bids and must be opened publicly.
e. A firm fixed price contract award will be made in writing to the lowest responsive, responsible, QUALIFIED bidder. Where specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs will be considered in determining the lowest qualified bid.
f. Any and all bids may be rejected if there is a sound documented reason.
g. The contract award may be made to a second qualified bidder without a rebid in cases where the awarded bidder defaults and the terms and conditions applicable to the second qualified bidder are the same and the price is not higher than the second qualified bidder's original price. (Ala. Code 41-16-57(a)).
- Competitive Proposals: The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. If this method is used, the following requirements apply:
a. Requests 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.
b. Proposals must be solicited from an adequate number of qualified sources.
c. The department will have a written method for conducting technical evaluations of the proposals received and for selecting recipients.
d. Contracts will be awarded to the responsible vendor whose proposal is most advantageous to the program with price and other factors considered.
- Noncompetitive Proposals: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
a. The item is available only from a single source.
b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation
c. After solicitation of a number of sources, competition is determined inadequate.
- Cooperative and/or Group Purchasing Agreements and Supplier Schedules
a. Purchases may be made from a prequalified lists of products, for example, Government Services Administration (GSA) schedule; state contract price; co-operative or group purchasing agreements.
b. The list of products must be current.
c. A solicitation period will still be conducted, which will allow any potential bidders to qualify with the co-operative.
- Existing previously bid or state contracts (tag along contracts) may be utilized as long as they also confirm to the applicable federal procurement regulations in effect at the time of bid solicitation.
- Cooperative Purchasing Agreements
a. Two or more Departments or Agencies within the same county or adjoining counties or the governing bodies of two or more counties may provide by joint agreement for the purchase of labor, services or work or for the purchase or lease of materials, equipment, supplies or other personal property for use by their respective agencies.
b. The agreement shall be entered into by similar executive orders or resolutions issued or adopted by each of the participating governing authorities which shall set forth the categories of labor, services or work or the materials, equipment, supplies, or other personal property to be purchased; the manner of advertising for bids; and the awarding of contracts; the method of payment by which each participating contracting agency deemed necessary to fulfill the purposes of the agreement.
c. Each contracting agency's share of expenditures for purchases under any agreement shall be appropriated and paid in the manner set forth in the agreement.
- Procurement Records
a. Records documenting for the method of procurement, selection of contract type, and basis for the contracted price to detail the history of the procurement will be maintained for each purchase for a minimum of 3 years.
· Factors Considered for Awards
- Factors considered in bid evaluation will be: the quality of the item proposed to be supplied; conformity to specifications; terms of delivery; transportation charges; dates of delivery.
- The Department reserves the right to select the product that is in the best interest of the department and shall have the right to reject any bid based on pre-determined criteria.
- Each bid, with the name of the bidder, shall be entered on a record. Each record, with the successful bid indicated thereon and with the reasons for the award if not awarded to the lowest bidder shall, after award of the contract, be open to public inspection.
· Award to a Preferred Vendors
- Preference priority may be given to a vendor according to the following:
a. Vendor Produces or manufacturers the product within the state.
b. Has an assembly plant or distribution facility for the product within the state.
c. Is organized for business under the applicable laws of the state as a corporation, partnership, or4 professional association and has maintained at least one retail outlet or service center for the product within the state for not less than one year prior to the deadline date for the competitive bid.
- In the event a bid is received for the product or service from a person, firm, or corporation deemed to be a responsible bidder and a preferred vendor and the bid is no more than five (5) percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the preferred vendor.
· Emergency Situations
- In the case of emergency affecting public health, safety, or convenience, so declared in writing by the head of the agency involved, setting forth the nature of the danger to public health, safety, or convenience involved in delay, contracts may be awarded to the extent necessary to meet the emergency without public advertisement. Such action and the reasons therefore shall immediately be made public by the awarding authority.
· Advertisement for and solicitation of bids; opening of bids; public inspection; reverse auction procedures; certain partial contracts void.
· Effect of agreements or collusion among bidders in restraint of competition; sworn statements as to agreements to accompany bids.
· Effect of advance disclosure of terms of bid
- Any disclosure in advance of the terms of a bid submitted in response to a solicitation of bids shall render the proceedings void and require a new solicitation and award anew.
- Any vendor given information in advance of the terms of the bid shall be excluded from the bid solicitation.
· Fire Truck and Equipment Purchases
- See Attachment A.
· Bid Protests
- A protest challenging the award of a contract must be filed in writing by the unsuccessful bidder within 10 days of the contract award date.
- The Department will respond to the protest in writing within 30 days of the protest.
· Conflicts of Interest
- No employee, officer, or member may participate in the selection, award, or administration of any contract if he or she has a real or apparent Conflict of Interest.
- No member, employee, or volunteer of the Department shall have a financial interest or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract of any personal property or service, nor in any firm, partnership, association or corporation furnishing any such personal property or service to the Department.
- No member, employee, or volunteer of the Department shall solicit, accept or receive, directly or indirectly, from any person, firm, association or corporation to whom any contract may be awarded, by rebate, gifts, or otherwise, any money or item of value whatsoever or any promise, obligation or contract for future reward or compensation.
- Items purchased from vendors that employ any volunteers/members must document how they avoided a Conflict of Interest during the procurement process.
· Prohibited Practices
- No purchase shall ever be intentionally split into smaller lots in order to circumvent bidding requirements.
- No provides of goods of or services will be awarded to a vendor based upon preferential treatment or unlawful discrimination.
- No Vendor member will be a participant on a selection committee or in any way be responsible for awarding a contract to a vendor with which he/she has a related party affiliation.
· Utilization of Small Businesses, Minority owned firms, and Women's Business Enterprises
- Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further this goal.
a. Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable.
b. Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's business enterprises.
c. Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enterprises.
d. Encourage contracting with consortiums of small businesses, minority-owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually.
e. Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Department of Commerce's Minority Business Development Agency in the solicitation and utilization of small businesses, minority- owned firms and women's business enterprises.
Effective xx/xx/2023 _______________________________
Signature & Title
To ensure objective evaluation of bid proposals, the following bid evaluation
will be performed for all bid proposals received.
1. Successful Experience with other fire departments.(20 points)
2. Key Staff and Qualifications (15 points)
3. Ability to Address the Needs of the Project (20 points)
Include Understanding of the Department Needs and Approach to Project
4. Local Client References (20 points)
5. Certified Minority/Women Owned Business (5 points)
Certification may be by state, federal, City or local government.
The federal definition of MBE/WBE must be met.
To receive these points, proof must be submitted with the proposal.
6. Fee and Proposed Fee Basis (Administration only) OR (5 points)
Ability to Work within the Grant Budget (5 points)
Fire Truck and Equipment Purchases
Fire Truck and Equipment Purchases will be made following the policies set forth in the Department's Purchasing and Procurement Policies with the addition of the following:
- All fire trucks and equipment purchased will meet the latest edition of NFPA.
- A purchasing committee will be appointed by the fire chief.
- The committee will research features and options to enhance department operations.
- For trucks an outline of preliminary requirements using NFPA Standards (Annex B) will be developed. For other purchases NFPA Standards will be used.
- Specifications will not be proprietary to one product or manufacturer.
- Specifications obtained from vendors for any solicitation will not be used.
- The Committee will present recommendation to the fire chief or board of directors, who will then make the final determination for bid specifications to be distributed to vendors for solicitation of bid proposals.
- Bids will be evaluated equally and fairly using a standard evaluation form by persons designated by the fire chief.
- A recommendation of award of contract based on the lowest qualified bid that is most advantageous to the department will be made.