Chapter 2.60
PURCHASING
Sections:
2.60.050 Other purchase types.
2.60.060 Public works contracts.
2.60.070 Lowest responsible bids.
2.60.080 Intergovernmental purchases.
2.60.100 Competitive bidding requirements – Exemptions.
2.60.110 Approval of claim vouchers and payroll.
2.60.010 Definitions.
For purposes of this chapter the following words and phrases shall be defined as follows:
A. “Award” means the formal decision by the City notifying a responsible bidder with the lowest responsive bid of the City’s acceptance of the bid and intent to enter into a contract with the bidder.
B. “Bid limits” means dollar amounts below which neither competitive bids nor the small works roster process is required for the purchase of equipment, supplies, or materials or for public works projects.
C. “Competitive bids” means a process following advertisement in designated legal newspapers and other media for equipment, supplies, material, and public works contracts open to all suppliers, vendors, and contractors, and in which price is the primary basis for consideration and contract award.
D. “Contract” means a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW 39.04.155.
E. “Public work” means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or which is by law a lien or charge on any property therein.
F. “Responsible bidder” means a contractor who meets the criteria in AHMC 2.60.070(C).
G. “Small works roster (SWR)” means a process through which there is competition for public works contracts following notification, normally through a request for quotes (RFQ), to some or all public works contractors who have requested placement on a roster kept by the local government agency.
H. “Public agency work or day labor limits” are limits set by the state legislature on the amount of public works that can be accomplished using the City’s own work force or by hiring day laborers. Limits are expressed as specific dollar amounts for single or multiple craft projects. (Ord. C-775 § 3, 2012)
2.60.020 Purchase of materials, supplies, and equipment in an amount less than $7,500, not related to a public works project.
The City is not required to use informal or formal sealed bidding procedures or the procedures set forth in this chapter for the purchase of any materials, supplies or equipment, not connected to a public works project, where the cost will not exceed $7,500. The City will attempt to obtain the lowest practical price for such goods and services. (Ord. C-775 § 4, 2012)
2.60.030 Purchase of materials, supplies, and equipment in an amount greater than $7,500 and less than or equal to $15,000, not related to a public works project.
For the purchase of any materials, supplies or equipment in an amount of $7,500 or greater and less than $15,000, not connected to a public works project, in lieu of informal or formal sealed bidding procedures, the City may use the process prescribed in RCW 39.04.190, for purchasing by using a vendor list, and the procedures prescribed in the most current City resolution authorizing the vendor list and small works roster process. (Ord. C-775 § 5, 2012)
2.60.040 Purchase of materials, supplies, and equipment in an amount greater than $15,000, not related to a public works project.
For the purchase of any materials, supplies or equipment in an amount greater than $15,000, not connected to a public works project, competitive bids are required. (Ord. C-775 § 6, 2012)
2.60.050 Other purchase types.
A. Purchase of Architectural, Engineering, Surveying, or Landscape Architectural Services. Contracts for professional architectural, landscape architecture, surveying and engineering services require quality based selection (QBS) and an advertising and negotiation process in accordance with Chapter 39.80 RCW.
B. Purchase of Other Services. Services are activities or projects for which the City contracts and which are not considered a public work. Washington cities are not required to seek competitive bids for services.
C. Purchase of Electronic Data Processing and Telecommunications Systems. RCW 39.04.270 authorizes municipalities to use a “competitive negotiation” process as an alternative to the competitive bid process when purchasing telecommunications and data process (computer) equipment or software. (Ord. C-775 § 7, 2012)
2.60.060 Public works contracts.
A. Public works projects over $300,000 must be competitively bid except if alternative public works contracting procedures of Chapter 39.10 RCW are used.
B. Projects that cost $300,000 or less may use the small public works roster provision to award contracts for construction, renovation, remodeling, alteration, repair, or improvement of real property.
C. Projects that cost less than $35,000 may use the limited public works process (LPWP) provided for in RCW 39.04.155(3) and the most current City of Airway Heights vendor list and small works roster resolution. (Ord. C-775 § 8, 2012)
2.60.070 Lowest responsible bids.
A. Preservation of the integrity of the competitive bid system dictates that after competitive bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to reject all bids and cancel the solicitation.
B. In determining the lowest responsible bidder, the City shall consider any preferences provided by law to Washington products and vendors and further, may take into consideration the quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of delivery.
C. In determining “lowest responsible bidder,” in addition to price, the following elements shall be given consideration:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
2. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
3. Whether the bidder can perform the contract within the time specified;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws relating to the contract or services;
6. Such other information as may be secured having a bearing on the decision to award the contract. (Ord. C-775 § 9, 2012)
2.60.080 Intergovernmental purchases.
The City Council authorizes the purchase of goods without public bidding when acquired through:
A. The Washington State Purchasing Cooperative; or
B. Another governmental unit where the City Manager and the requesting department have shown that the procurement meets the City’s requirements and represents the most favorable procurement for the City considering price and other evaluation factors. (Ord. C-775 § 10, 2012)
2.60.090 Purchase at auction.
The City may purchase any supplies, equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party without being subject to public bidding requirements if the items can be obtained at a competitive price. (Ord. C-775 § 11, 2012)
2.60.100 Competitive bidding requirements – Exemptions.
A. Competitive bidding requirements utilized by the City when awarding contracts for public works and for purchases of materials, supplies, and equipment may be waived by the City Council for:
1. Purchases that are clearly and legitimately limited to a single source of supply;
2. Purchases involving special facilities or market conditions;
3. Purchases in the event of an emergency;
4. Purchases of insurance or bonds; and
5. Public works in the event of an emergency.
B. When competitive bidding requirements are waived for purchases limited to a single source of supply and for purchases involving special facilities or market conditions a council resolution must state the factual basis for the exception. No resolution is required for the purchase of insurance or bonds.
C. If an emergency exists, the City Manager may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the City Manager, or designee, and entered of record no later than two weeks following the award of the contract.
D. For purposes of this section “emergency” means unforeseen circumstances beyond the control of the City that either: (1) present a real, immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. (Ord. C-775 § 12, 2012)
2.60.110 Approval of claim vouchers and payroll.
A. The warrant register report for claims and payroll voucher payments is submitted monthly to the City Council for approval. The warrant/voucher approval shall list the warrants issued for claims and payroll separately and list the warrant number sequence.
B. In order to expedite the payment of claims, the City Council authorizes the issuance of warrants in payment of claims after the warrants are signed, but before the City Council has acted to approve the claims, in accordance with RCW 42.24.180.
C. A purchase approval register will be used to list certain kinds or amounts of claims the City Council desires to review before payment is made to the vendor. (Ord. C-775 § 13, 2012)