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Purchasing & ContractsTeton County does not have a central purchasing department. Each Elected Official, Department Head and appointed Board manages its own procurement of goods and services as approved through adoption of the annual budget. However, the Board has sole legal authority for the approval of any expenditure of county funds and the sale of any county property. All purchases must be made in compliance with Idaho Code and this policy. Public works construction procurement can only take place under direction of the County Engineer. Attachment A, Public Works Contractor License, and Attachment B, Other Procurement Information, contain information provided by the Idaho Public Works Contractor Licensing Bureau. ("Real property" refers to land and buildings; `personal property" refers to all other types of property) The objective of this policy is to comply with Idaho and Federal laws and provide the citizens of Teton County with the best value for products and services acquired by their government. The Board believes that patronizing local businesses is in the county's best interest. Whenever permitted by law, goods and services may be purchased from local vendors, provided that the county pays no more than a 10% premium to support local businesses. Contracts. All contracts, agreements, leases or other documents that legally bind Teton County must be approved as to form and content by the Prosecutor prior to the Commissioner meeting at which the documents are to be formally approved and signed. The Board must have an opportunity to review such documents prior to a regularly scheduled meeting. The Elected Official, Department Head or appointed Board or Committee which requested the contract or agreement is responsible for retaining the original, signed contract. A copy of the signed contract must be submitted to the Clerk, who will archive the document in the county's digital filing system. Legal Signature Authority. The Board is the County's only legal signature authority able to sign contracts, agreements, or vehicle titles on behalf of the County. Such documents can be signed only after a formal motion in a public meeting. No other Elected Official, Department Head, or appointed Board may obligate the County without specific prior approval from the Board. However, the Public Works Director is hereby granted approval to approve contracts less than $5,000, provided the expense is included in a Public Works budget. Vehicle Titles. The County Clerk is the custodian of all vehicle titles. Capital Budgets & Purchases Greater than $1,000. In order to provide consistent, accurate budget information: (1) Single items costing less than $1,000 each cannot be purchased through a capital budget account unless they have a useful life greater than five years; and (2) Single items costing more than $1,000 each and having a useful life of more than two years must be purchased through a capital budget account. The purchase of any single item costing more than $1,000 requires prior approval by the Board, unless the item: (1) Costs less than $5,000; AND (2) Is specifically itemized within the current budget; AND (3) The total cost of the item does not exceed the budgeted amount. This policy is not intended to apply to routine repair and maintenance of vehicles, equipment or building facilities. In general, vehicles must have traveled at least 150,000 miles before being replaced. Please refer to the Capital Asset policy for additional information. Purchase & Installation of Computer Equipment and Software. See Administrative Policy entitled "Computers & Information Technology (IT). TETON COUNTY ADMINISTRATIVE POLICIES Revision: Date: 6 8/14/17 i Purchasing & Contracts Original Issue Date: 6/15/11 Number of Pages: 2 j See also "Capital Assets Policy" Approved: BOCC Teton County does not have a central purchasing department. Each Elected Official, Department Head and appointed Board manages its own procurement of goods and services as approved through adoption of the annual budget. However, the Board has sole legal authority for the approval of any expenditure of county funds and the sale of any county property. All purchases must be made in compliance with Idaho Code and this policy. Public works construction procurement can only take place under direction of the County Engineer. Attachment A, Public Works Contractor License, and Attachment B, Other Procurement Information, contain information provided by the Idaho Public Works Contractor Licensing Bureau. ("Real property" refers to land and buildings; `personal property" refers to all other types of property) The objective of this policy is to comply with Idaho and Federal laws and provide the citizens of Teton County with the best value for products and services acquired by their government. The Board believes that patronizing local businesses is in the county's best interest. Whenever permitted by law, goods and services may be purchased from local vendors, provided that the county pays no more than a 10% premium to support local businesses. Contracts. All contracts, agreements, leases or other documents that legally bind Teton County must be approved as to form and content by the Prosecutor prior to the Commissioner meeting at which the documents are to be formally approved and signed. The Board must have an opportunity to review such documents prior to a regularly scheduled meeting. The Elected Official, Department Head or appointed Board or Committee which requested the contract or agreement is responsible for retaining the original, signed contract. A copy of the signed contract must be submitted to the Clerk, who will archive the document in the county's digital filing system. Legal Signature Authority. The Board is the County's only legal signature authority able to sign contracts, agreements, or vehicle titles on behalf of the County. Such documents can be signed only after a formal motion in a public meeting. No other Elected Official, Department Head, or appointed Board may obligate the County without specific prior approval from the Board. However, the Public Works Director is hereby granted approval to approve contracts less than $5,000, provided the expense is included in a Public Works budget. Vehicle Titles. The County Clerk is the custodian of all vehicle titles. Capital Budgets & Purchases Greater than $1,000. In order to provide consistent, accurate budget information: (1) Single items costing less than $1,000 each cannot be purchased through a capital budget account unless they have a useful life greater than five years; and (2) Single items costing more than $1,000 each and having a useful life of more than two years must be purchased through a capital budget account. The purchase of any single item costing more than $1,000 requires prior approval by the Board, unless the item: (1) Costs less than $5,000; AND (2) Is specifically itemized within the current budget; AND (3) The total cost of the item does not exceed the budgeted amount. This policy is not intended to apply to routine repair and maintenance of vehicles, equipment or building facilities. In general, vehicles must have traveled at least 150,000 miles before being replaced. Please refer to the Capital Asset policy for additional information. Purchase & Installation of Computer Equipment and Software. See Administrative Policy entitled "Computers & Information Technology (IT). Disposal of County Personal Property. Any personal property no longer necessary for county use must be disposed of by the Board according to Idaho Code 31-808 (public auction) or 31-829 (if Board determines asset has greatest value as a trade-in). Personal property valued at $250 or less may be sold at private sale without notice. Personal property with a value greater than $250 must be sold at a public auction. A notice of such auction must be published at least 10 days prior to the date of auction. Procuring Services or Goods & Services (Personal Property). Idaho Code 67-2806 allows items with a value less than $50,000 to be purchased on the open market. Items with a value of $50,000-$1000,000 may be purchased after a semi -formal procurement process involving the written solicitation of bids from three vendors. Items or services valued in excess of $100,000 can be purchased only after a formal competitive sealed bid process. However, in order to guarantee the best value for taxpayers, it is Teton County's policy to follow the semi -formal procurement process for the purchase of any item valued in excess of $5,000, unless the process is modified by a vote of the Board for a specific purchase, prior to the purchase. Idaho Code 67-2807(1) allows the County to enter into Joint Purchasing agreements (to "piggyback") with the State of Idaho or other political subdivisions. Procuring Construction Professionals. Architects, engineers, landscape architects, surveyors, and construction managers must be selected based upon qualifications (Idaho Code 67-2320). If fees will total less than $25,000 the county can use a selection process based on criteria determined by the County. If fees will total over $25,000, the county must use a formal publication process and selection criteria from Idaho Code 67-2320(2). A construction professional's fee schedule may be requested, but may not be used as a selection criteria. The county may retain the same construction professional for subsequent phases of a project without re -doing the quality based selection process. Construction professionals must possess the appropriate, current license. Licensed Public Works Contractors. Idaho Code 67-2805 requires the County to hire a licensed public works contractor for any project with a total value of $50,000 or more. This means that if a specific project costs $50,001 and involves multiple sub -contractors (such as a plumber, electrician and carpenter) every sub -contractor must be a licensed public works contractor. If there are no licensed public works contractors willing to perform work with a value less than $50,000, IC 67-2805(1)(e) provides an alternative procedure. Public Works Construction Proiects. Idaho Code 67-2805 allows public works projects costing less than to $50,000 to be purchased based on the county's best interest as determined by the Board. Projects between $50,000 and $200,000 may be purchased from a licensed public works contractor after a semi- formal procurement process involving the written solicitation of bids from three vendors. The lowest responsive bid must be accepted. Projects valued in excess of $200,000 require a formal competitive sealed bid process; pre -qualification may be required as described in IC 67-2805(2)(b). The lowest responsive bid must be accepted. All construction or repair of public buildings requires written plans and specifications (Idaho Code 67-2309). However, in order to guarantee the best value for taxpayers, it is Teton County's policy to follow the semi -formal procurement process for the purchase of any construction valued in excess of $5,000. The Teton County Engineer must supervise all public works construction procurement activities, even those undertaken by a Board or Committee appointed by the County Commissioners. For projects requiring a formal competitive sealed bid, the County Engineer will determine whether the County's best interests will be served by pre -qualifying bidders as allowed by state statute. Teton County Administrative Policies: PURCHASING & CONTRACTS Page 2 of 2 Public Works Construction Bidding NOT actually fabricated into and do not become a permanent $0 to $50,000 No bidding requirements IC 67-2803 (2) $50,000 to $200,000 Semi -formal bidding: Issue written requests for bids describing IC 67-2805 (1) goods or services desired to at least 3 contractors. Allow 3 days When acting solely in their professional capacity. IC 54-1903 (8) for written response, unless an emergency exists; objections must be submitted no later than 1 business day PRIOR to bid. Willful and knowing avoidance of competitive bidding or IC 59-1026 Keep records for 6 months. Accept low bid or reiect all bids. IC 67-2805(2) $200,000 and above Formal bidding: 2 Options Category A & B Category A — Open to all licensed contractors. Publication improvement or repair requirements. Written objections allowed 3 business days PRIOR to bid. Category B — Open to pre -qualified contractors. After pre -qualification is determined, the bidding process is done in the same manner as Category A to include filing objections. Public Works Contractor Licensure Exemptions The sale of installation of any NOT actually fabricated into and do not become a permanent IC 54-1903 (4) finished productions, material fixed part of the structure. IC 54-1920 (2) or articles of merchandise improperly licensed contractor. Duly licensed architects, When acting solely in their professional capacity. IC 54-1903 (8) licensed engineers and land surveyors Willful and knowing avoidance of competitive bidding or IC 59-1026 Less than $50,000 for Single project with any number of trades. IC 54-1903 (9) construction, alteration, improvement or repair Political Subdivisions/Public Officials Penalties Administrative fine (not to exceed $5,000) (IPWCLB) Public agency contracting with an unlicensed or improperly licensed contractor. IC 54-1914 (2) Fine not to exceed five Public agency official contracting with an unlicensed or IC 54-1920 (2) thousand dollars ($5,000) or improperly licensed contractor. jail for a term not to exceed one (1) year, or both Civil penalty up to $5,000 for Willful and knowing avoidance of competitive bidding or IC 59-1026 each offense — Against a procurement statutes, "Bidding Splitting". political subdivision (court) I Additional sections of Idaho Code that apply: 67-2309, 67-2320 & Title 54 Chapter 19 For questions contact: Public Works Contractors Licensing 208-334-4057 or 1-800-358-6895 Idaho School Boards Association 208-854-1476 Idaho Dept. of Admin. Division of Public Works 208-332-1900 Idaho School Administrators Association 208-345-1171 Public Procurement of Goods and Services Bidding $0 to $50,000 No bidding requirements IC 67-2803 (2) $50,000 to Semi -formal bidding: Issue written requests for bids describing goods or IC 67-2806 (1) $100,000 services desired to at least 3 vendors. Allow 3 days for written response, IC 67-2803 (3) Any Amount unless an emergency exists; objections must be submitted no later than IC 67-2803 (4) Any Amount 1 business day PRIOR to bid. Keep records for 6 months. Accept low bid IC 67-2803 (5) Any Amount or reiect all bids. IC 67-2803 (6) $100,000 and Formal bidding: Publish bid at least 2 weeks in advance of bid opening. IC 67-2806 (2) above Make bid specifications available; written objections allowed. May IC 67-2808 (1) A request bid security/bond. Can reject all bids IF able to purchase more $420,000 $300,000 economically in the open market. $1,250,000 million or less Request for For procurement for goods or services for which fixed specifications IC 67-2806A Proposal might preclude discovery of a cost-effective solution, or a problem is $600,000 or less CC amenable to several solutions, or price is not the sole determining $140,000 $75,000 factor. $400,000 or less Public Procurement of Goods and Services Bidding (For information on exemptions see IC 67-2803) Personal Property Already competitively bid (piggy -backing). IC 67-2803 (1) Less than $50,000 Contracts or purchases of goods or services. IC 67-2803 (2) Any Amount Payment of Wages IC 67-2803 (3) Any Amount Personal or professional services performed by an independent contractor (refer to info on qualifications in IC 67-2320). IC 67-2803 (4) Any Amount Procurement of an interest in real property (lease or purchase). IC 67-2803 (5) Any Amount Procurement of insurance IC 67-2803 (6) Any Amount Costs of Joint Powers participation IC 67-2803 (7 Any Amount Emergency Expenditures IC 67-2808 (1) Types of Public Works Licenses & requirements License Class License Fee Work History Project Amounts Current Net Worth Current Working Capital Bid Limit per Project Unlimited (U) $550 $3.5 million $1 million $600,000 Unlimited AAA $450 $2.1 million $600,000 $200,000 $5 million or less AA $350 $875,000 $450,000 $150,000 $3 million or less A $250 $420,000 $300,000 $100,000 $1,250,000 million or less B $150 $280,000 $150,000 $50,000 $600,000 or less CC $125 $140,000 $75,000 $25,000 $400,000 or less C $100 $35,000 $25,000 $7,500 $200,000 or less D $50 No minimum dollar amount $10,000 $3,000 $50,000 or less