Bolinas Community Public Utility District
Resolution No. 577
Establishing a Goods and Services Procurement Policy for the Bolinas Community
Public Utility District.
BE IT RESOLVED by the Board of Directors of the Bolinas Community Public
Utility District as follows:
The Board of Directors hereby adopts the attached Procurement Policy to
govern the purchases of goods and services by the district. IT IS HEREBY
CERTIFIED that this resolution was duly introduced and adopted by the Board
of Directors of the Bolinas Community Public Utility District this 22nd day
of April, 2009, by the following vote:
AYES: Amoroso, Kimball, Siedman, Smith
NOES: None
ABSTAIN: None
ABSENT: McClellan
__
Jack Siedman___
___
President, Board of Directors
Attest:
_______Jennifer Blackman___
Secretary
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Bolinas Community Public Utility District
Procurement Policy
Adopted April 22, 2009
I. General Standards.
A. Application. This Procurement Policy shall apply
to procurements of goods, (materials, supplies and equipment) and services
(general and professional), with the exception of construction services.
BCPUD shall follow public contracting procedures described in state law for
procurement of construction services.
B. Competitive and Efficient Procurement. Staff shall
conduct all procurements in a manner that promotes full and open competition,
ensures efficient and economic contracting, avoids acquisition of unnecessary
or duplicative items, and avoids conflicts of interest. Staff shall
maintain a written record of each procurement, documenting such things as:
(i) rationale for the method of procurement; (ii) reasons for contractor
selections; and (iii) basis for the contract price.
C. Contract Administration and Accounting. Staff
shall maintain a contract administration and accounting system that ensures
that (i) contractors perform in accordance with the terms, conditions, and
specifications of their contracts; (ii) purchases are received and services
are rendered in a timely manner; and (iii) contractors provide goods and
services within the contract price.
D. Responsible Firms. BCPUD may only contract with
persons, firms, or entities that are responsible, and possess the ability
to perform successfully under the terms and conditions of the procurement
contract.
E. Budget. The General Manager or the Manager’s designee
shall ensure the availability of funds within the budget approved by the
Board before proceeding with any procurement contract.
F. Reporting to the Board. The Board shall review
on a periodic basis the status of all procurements over $20,000. Staff
shall provide the Board with an explanation of the purpose and budget for
each procurement.
II. Methods of Procurement of Goods and Services.
A. Small Purchases – up to and including $20,000.
1. Staff must obtain at least one informal quote.
2. Staff must document that the quoted price is fair and
reasonable.
3. Small Purchases must be approved in advance by the General
Manager or the Manager’s designee.
4. Modifications to a Small Purchase must be approved in
advance by the General Manager or the Manager’s designee, and any modification
to a Small Purchase that would exceed the $20,000 threshold in the aggregate
must be treated as a Medium Purchase.
B. Medium Purchases – over $20,000 and up to and including
$75,000.
1. Staff must obtain at least two written quotes or proposals
from qualified vendors, unless the goods or services are available from only
one qualified vendor.
2. For Medium Purchases of goods, staff must award a contract
to the vendor providing the lowest quote. For Medium Purchases of services,
staff must award a contract to the most qualified proposal, and must consider
cost as a factor in determining a proposal’s qualification; staff must document
the factors in determining the proposals’ qualifications.
3. Medium Purchases must be made by written contract and/or
other contractual instrument, such as a purchase order.
4. Medium Purchases must be approved in advance by the
General Manager or the Manager’s designee.
5. Modifications to a Medium Purchase must be approved
in advance by the General Manager or the Manager’s designee, and any modification
to a Medium Purchase must not increase the contract above the $75,000
threshold in the aggregate.
C. Large Purchases – over $75,000.
1. Staff must publish notice requesting written bids or
proposals for Large Purchases, unless the goods or services are available
from only one qualified vendor. The notice must state any qualitative
factors that will be used to evaluate proposals for Large Purchases.
2. For Large Purchases of goods, staff must present to
the Board for its approval, in the Board’s sole discretion, the lowest responsive
bid from a responsible bidder. For Large Purchases of services, staff
must present to the Board for its approval, in the Board’s sole discretion,
the most qualified proposal, and must consider cost as a factor in determining
a proposal’s qualification.
3. Large Purchases must be made by written contract.
4. Modifications to a Large Purchase that increase the
contract price in excess of ten percent (10%) of the original contract amount,
individually or in the aggregate, must be approved in advance by the Board;
any modification of less than ten percent (10%) must be approved in advance
by the General Manager.
D. Noncompetitive Procurement.
1. Notwithstanding the provisions of the preceding sections,
BCPUD is not required to engage in a competitive procurement process when
procuring goods or services for which competitive solicitation would be infeasible,
as determined by the General Manager based on at least one of the following
factors:
(a) The good or service is available only from a single
source; or
(b) The procurement is for an emergency that will not permit
the delay accompanying competitive solicitation; or
(c) After attempts at competitive solicitation, the responses
to the solicitation are inadequate.
2. The General Manager must document the circumstances
supporting the Manager’s conclusion that competitive solicitation would be
infeasible, and that noncompetitive procurement price is fair and reasonable.
3. Noncompetitive procurement for goods or services up
to and including $75,000 must be approved in advance by the General Manager
or the Manager’s designee. Staff must present to the Board for its
approval, in the Board’s sole discretion, noncompetitive procurement for
goods or services over $75,000.