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