Chapter 3.08
PROCUREMENT POLICIES
Sections:
3.08.010 Identifying responsible bidders and contractors.
3.08.020 Establishing and maintaining vendor, contractor and consultant rosters.
3.08.030 Purchasing and contracting generally.
3.08.040 Public works contracting (including prevailing wage rules).
3.08.060 Architecture, engineering, landscape architecture, or surveying services.
3.08.090 Electronic data processing and telecommunications systems.
3.08.100 Standards of conduct.
3.08.010 Identifying responsible bidders and contractors.
A. The county shall purchase materials, supplies or equipment from the lowest responsible bidder. Also, the county may only award contracts to the lowest responsible bidder. If there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the county may call for new bids. The county, in determining the lowest responsible bidder, in addition to price, shall give the following supplemental criteria 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 on previous contracts or services;
5. Compliance by the bidder with laws related to the contracts, services or purchasing;
6. Life cycle costs – not always is the lowest bid price the lowest cost solution;
7. Such other information as may be secured having a bearing on the decision to award the contract;
8. Whether or not the vendor or contractor owes the county money.
B. In addition to the criteria listed previous and prior to the award of a public works contract, a bidder must also meet the responsibility criteria as outlined in RCW 39.04.350 to be considered a responsible bidder and qualified to be awarded a public works project. RCW 39.04.350 is available at https://apps.leg.wa.gov/RCW/default.aspx?cite=39.
C. The county’s estimates, contractor’s bids and/or quotes shall remain confidential prior to award of contracts and/or purchasing agreements. For example, it is not allowed to shop around prices with other contractors or companies prior to award. However, if all responsible bids exceed the estimated cost, the county may negotiate with the lowest responsive, responsible bidder prior to awarding the contract in order to solicit value engineering and other options to attempt to bring the bid within the estimated cost as long as this will not result in the award of a contract to that bidder if the scope of the project is significantly changed from the original bid proposal.
D. Bidding Irregularities – Errors in Bid Procedures or in Complying with Specifications. A bid must substantially comply with the applicable procedures or specifications if it is to be considered. If it does not, the bid may be rejected. However, an insubstantial variance from certain specifications or procedures will not prevent a county from considering a bid. As a general rule, an immaterial or insubstantial variance is one that does not give a bidder a substantial advantage over the other bidders. Consult the county prosecuting attorney prior to the decision to award any contract that is considered to have a bidding irregularity. [Res. 2019-21.]
3.08.020 Establishing and maintaining vendor, contractor and consultant rosters.
The following are methods by which to establish certain vendor, contractor and consultant rosters as allowed by state law. In no case shall any person, firm or business be included on said rosters, if it is determined said person, firm or business is not properly licensed or registered to perform such work or provide said products or services in this state and in which have not legally or otherwise been excluded or prohibited from performing such work or providing said products or services for the county.
Agencies are required to establish procedures for securing telephone, written, or electronic quotes for each roster, ensuring that a competitive price is established and that contracts will be awarded to the lowest responsible bidder (see Appendix B attached to the resolution codified in this chapter for vendor list and small public works roster contracting process).
A. Establishing a Vendor Roster. At least twice a year, the county shall publish, in the county’s official newspaper, notice of the existence of a vendor roster for materials, supplies and equipment from which the county will solicit bids and/or quotes for purchases and shall solicit names of the vendors who wish to be included in the vendor roster for purchases. Contracts and purchases made off the vendor roster shall be posted to a list which shall be made available for public inspection and shall include date of purchase/award, name of contractor/vendor, amount of contract and brief description of items purchased.
Columbia County may from time to time purge from the list those vendors who are determined to be inactive and/or otherwise disqualified from contracting with the county.
B. Establishing a Small Works Roster. At least once a year, the county shall publish in the county’s official newspaper a notice of the existence of a small works roster for the construction, building, renovation, remodeling, alteration, repair or improvement of real property, including but not limited to facilities, infrastructure, roads and bridges and solicit the names of contractors for such roster. Responsible contractors shall be added to the roster at any time that they submit a written request and necessary records required by law and/or identified in the solicitation.
Contractors and vendors are encouraged to update their information annually. Columbia County may from time to time purge from the list those vendors who are determined to be inactive and/or otherwise disqualified from contracting with the county.
C. Establishing a Consultant Roster for Architectural and Engineering Services. At least once a year, the county shall publish in the county’s official newspaper a notice of the existence of the roster and solicit the names of consulting firms for architectural and engineering services. The county will encourage architectural, engineering and materials testing firms to submit annually statements of qualification and performance data. Responsible consultants shall be added to the roster at any time that they submit a written request and necessary records identified in the solicitation (see CCC 3.08.060 for consultant selection process).
D. Other Rosters/Interlocal Cooperation Act.
1. In addition to paper and/or electronic vendor rosters solicited by the published solicitations, the county may also use the statewide electronic databases developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC rosters), intergovernmental cooperative purchasing agreements (ICPA), including Washington State Department of Enterprise Services and vendor lists published by the federal government.
2. Counties may sell, transfer, exchange, lease or otherwise dispose of any real or personal property or property rights to another government entity without regard to bid laws. RCW 39.33.010 authorizes such transactions “on such terms and conditions as may be mutually agreed upon by the proper authorities.” However, because of the requirements of RCW 43.09.210, intergovernmental transactions authorized by RCW 39.33.010 should be based on the “full value” of the property, although “full value” has a flexible meaning depending on the circumstances of the transfer.
3. The Interlocal Cooperation Act authorizes one public agency to contract with another public agency to perform any function which each agency is authorized by law to perform. Under this statute, a county may act as agent or contractor for one or more public entities.
4. Piggybacking. RCW 39.34.030, another section of the Interlocal Cooperation Act, authorizes cooperative action, including joint purchases by different governmental entities. The 2004 legislature clarified what is procedurally required when one public agency purchases or contracts through a bid awarded by another public agency.
5. State Purchasing Contracts. Counties may also use the authority granted in RCW 39.34.030 to make purchases through state contracts. As of June 30, 2013, a county may do so by signing a master contracts usage agreement (MCUA) with the Department of Enterprise Services. [Res. 2019-21.]
3.08.030 Purchasing and contracting generally.
A. MRSC developed an online tool to help local government officials in Washington State identify and understand their statutory legal requirements for purchasing and contracting. Jurisdictions are allowed to establish more stringent policies, so always verify the requirements of this policy have been met prior to the awarding any contracts or purchasing of goods or services.
B. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster contracting process or limited public works contracting process.
C. Determining Your Project Type. There are six specific project types that have separate bidding and contracting requirements. The following are those project types:
1. Public Works (Not to Be Confused with Public Works Department).
a. “Public work” is defined in the RCW: regardless of department or agency, “all work, construction, alteration, repair, or improvement...executed at the cost of the state or of any municipality...” (RCW 39.04.010(4)), other than “ordinary maintenance.”
b. “Public work” is further defined in WAC 296-127-010:
(7)(a) The term "public work" shall include:
(i) All work, construction, alteration, enlargement, improvement, repair, and/or demolition that is executed by contract, purchase order, or any other legal agreement and that is executed at the cost of the state of Washington or of any municipality. The source of the funding shall not determine the applicability of the statute, and may include, but is not limited to, such sources as those payments made through contracts with insurance companies on behalf of the insured state or municipality;
(ii) All work, construction, alteration, enlargement, improvement, repair, and/or demolition which, by law, constitutes a lien or charge on any property of the state or of a municipality;
(iii) All work, construction, alteration, repair, or improvement, other than ordinary maintenance that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more state agencies or municipalities, pursuant to RCW 39.04.260;
(iv) Maintenance, except ordinary maintenance as defined by (7)(b)(iii) of this subsection, when performed by contract. Maintenance is defined as keeping existing facilities in good usable, operational condition;
(v) Janitorial and building service maintenance as defined by WAC 296-127-023, when performed by contract, on public buildings and/or assets; and
(vi) The fabrication and/or manufacture of nonstandard items produced by contract specifically for a public works project as defined by (a)(i) through (v) of this subsection.
(7)(b) The term "public work" shall not include:
(i) Work, construction, alteration, enlargement, improvement, repair, demolition, and/or maintenance for which no wage or salary compensation is paid, consistent with the requirements of RCW 35.21.278;
(ii) The construction, alteration, repair, or improvement of any municipal street railway system;
(iii) Ordinary maintenance which is defined as work not performed by contract and that is performed on a regularly scheduled basis (e.g., daily, weekly, monthly, seasonally, semiannually, but not less frequently than once per year), to service, check, or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary.
c. “Contract” is defined in WAC 296-127-010(8):
"Contract" means a contract, purchase order, or any other legal agreement in writing for public work to be performed for a fixed or determinable amount, which is duly awarded after advertisement and competitive bid. A contract that is awarded from a small works roster, or under the emergency provisions of state law, need not be advertised.
d. Having a written contract and good notes regarding the bids that were received are considered essential by the State Auditor’s office. There is no statute that requires a written contract per State Auditor and the RCW; however, public monies being spent must be traceable and auditable. There needs to be a basis from which payments are authorized to ensure they are allowed and properly authorized. Disputes that may arise would be evaluated and determined from the written agreement of the parties.
2. Purchase of Goods, Equipment, Supplies or Materials Not Connected with a Public Works Project. This subsection involves the purchasing of goods, equipment, supplies or materials not connected with a public works type project. However, if the purchase is directly connected to construction, alteration, repairs or improvements, other than ordinary maintenance, it is considered to be part of a public works project and subject to public works contracting and prevailing wage requirements. For example, the manufacturer’s/supplier’s work involved with the on-site assembly and/or installation of custom cabinets and/or furniture is considered both a public work and is subject to prevailing wage rules. Examples of this subsection: purchase of office supplies, office furniture, fire trucks, road graders, vehicles, copy machines, cell phones, off-the-shelf software, etc.
3. Architecture, Engineering, Landscape Architecture or Surveying Services. Professional services provided by a consultant that fall under the general statutory definitions of architecture (Chapter 18.08 RCW), engineering and land surveying (Chapter 18.43 RCW), or landscape architecture (Chapter 18.96 RCW). Examples: architectural blueprints, road design, geotechnical investigation, bridge design, traffic studies, sewer and water system design.
4. Personal Services. Technical expertise provided by a consultant to accomplish a specific study, project, task or other work statement, not including professional architecture, engineering, landscape architecture or surveying services. Examples: meeting facilitation, strategic plan development, economic development study, rate setting study.
5. Purchased Services. Services provided by vendors for the routine, necessary and continuing functions of a local agency, mostly related to physical work. Examples: courier service, landscape maintenance, recycling pickup, vehicle maintenance, custom-made software.
6. Electronic Data Processing and Telecommunications Systems. RCW 39.04.270 authorizes local governments to use a “competitive negotiation” process as an alternative to the competitive bid process when purchasing and installing electronic data processing or telecommunication equipment, software or services.
D. Note Regarding State and Federal Funding. If your project uses any state and/or federal funding, you must follow both state and federal competitive requirements in addition to these requirements, using the most stringent standards of the two. Work closely with your granting/funding agency to determine a concise but complete description of all the requirements for that particular grant or project. [Res. 2019-21.]
3.08.040 Public works contracting (including prevailing wage rules).
A. County Forces Allowed (Agency Force Work). Columbia County may use its own employees to perform any nonroad public works project and any road project. There are no county forces limits on non-road-related public works projects. On road-related projects, work performed on county roads, the total annual cost may not exceed the following annual county forces limit total:
1. Population under 30,000: $800,000 x (1 + last year’s MVTF factor). The annual county forces limit is calculated each year as part of the annual construction program. The annual construction program is submitted to the county road administration board on or before December 31st each year for the upcoming year’s construction program.
B. Bidding Overview. You are not required to contract for public works projects of any size. If you choose to contract for public works, you are required to comply with the competitive bid requirements. For contracts of $40,000 or less, competitive bidding is not required and is hereby waived as allowed by RCW 36.32.250. However, the following shall apply to all county public works projects that are to be performed by contract:
1. For contracts of $40,000 or less, competitive bidding is not required. Public works contracts may be awarded to individual contractors chosen from the county’s small works roster, shared rosters with other agencies, MRSC roster or by direct quote. The county will solicit electronic or written quotations from a minimum of three contractors, when possible. After award is made the quotations shall be open to public inspection and available by telephone inquiry.
2. For contracts of $35,000 or less, the limited public works contracting process, small public works roster contracting process or formal competitive bidding may be utilized.
3. For contracts of $300,000 or less and more than $40,000, you may use a small public works roster contracting process or formal competitive bidding.
4. For contracts over $300,000, you must use formal competitive bidding.
5. Prevailing wages are required for all public works projects.
6. RCW 39.04.290 allows local governments to award contracts of any value for the design, fabrication, and installation of “building engineering systems” by using a competitive bidding process or request for proposals process (RFP). Examples are fire alarm systems, HVAC systems, building sprinkler systems, security systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems, etc.
7. State statute does not specify whether sales tax is included in your competitive bidding limits; however, sales tax is to be included in all cost estimates and applies to the bid limits.
C. Limited Public Works Contracting Process. The limited public works contracting process may be defined under separate resolution of the board of county commissioners. The limited public works process is detailed in Appendix B attached to the resolution codified in this chapter.
D. Small Public Works Roster Contracting Process. The small public works roster contracting process may be as defined under separate resolution of the board of county commissioners. The small public works roster contracting process is detailed in Appendix B attached to the resolution codified in this chapter.
E. Formal Competitive Bidding Contracting Process. The formal competitive bidding process may be as defined under separate resolution of the board of county commissioners. The formal competitive bidding process procedures are detailed in Appendix C attached to the resolution codified in this chapter.
F. Possible Exemptions. If your project falls into one of the following categories, you may be exempt from the normal competitive bidding requirements:
1. Emergency contract (RCW 39.04.280).
2. Intergovernmental contract (Chapter 39.34 RCW).
3. Community service group contract (RCW 35.21.278).
4. Pollution control facility (RCW 70.95A.090).
5. Water pollution control facility (RCW 70.150.040).
G. Prevailing Wage Rules for Public Work. Prevailing wages must be paid on all public works projects and on maintenance projects, other than ordinary maintenance, performed by contract. Prevailing wages must also be paid on some contracts which can be considered purchased services.
Furthermore, for there to be a prevailing wage requirement, the work taking place needs to be the work of a laborer, worker, or mechanic, and the work needs to be at a cost to the public. If there is no cost to the public, such as private grant funding only or volunteer work, prevailing wages are not required. [Res. 2019-21.]
3.08.050 Purchase of goods, equipment, supplies, or materials (not connected with a public works project).
A. Competitive Bidding Requirements (Including Renting and Leasing). State statute does not specify whether sales tax is included in your competitive bidding limits, however, sales tax is to be included in all cost estimates and applies to the bid limits.
1. If your estimated purchase is less than $10,000, you may use a small purchases process, state contract, federal contract, vendor list or formal competitive bidding.
a. Small Purchases Process.
i. You may seek quotes directly from individual vendors/businesses, not required to be on vendors list.
ii. There is no requirement to use informal or formal sealed bidding procedures.
iii. There is no requirement to seek multiple quotes.
iv. There is no requirement to prepare purchase orders/agreements.
v. The county will attempt to obtain the lowest practical price for such goods and services.
2. If your estimated purchase is between $10,000 and $50,000, you may use a state purchasing contract, intergovernmental cooperative purchasing agreements, vendor list or formal competitive bidding.
a. Vendors List Process. The vendor list process may be as defined under separate resolution of the board of county commissioners. The vendor list process procedures are detailed in Appendix A attached to the resolution codified in this chapter.
3. If your estimated purchase is more than $50,000, you may use state purchasing contract, intergovernmental cooperative purchasing agreements, or formal competitive bidding.
a. Formal Competitive Bidding Requirements. The formal competitive bidding process may be as defined under separate resolution of the board of county commissioners. The formal competitive bidding process procedures are detailed in Appendix C attached to the resolution codified in this chapter.
B. Road Maintenance Materials. When calling for competitive bids for the purchase of road maintenance materials, a county may award contracts to multiple bidders for the same commodity when the bid specifications provide for the factor of haul distance to be included in the determination of which vendor is truly the lowest price to the county. The county may readvertise for additional bidders and vendors if it deems it necessary in the public interest.
C. Rental and Leases of Personal Property. A county may rent or lease personal property by following the procedures outlined in this section.
D. Leases of Real Property. There are no competitive bidding requirements for leases of real property.
E. Auctions. Sometimes a county will find exactly what it needs for a favorable price at an auction. Obviously, seeking bids would be impossible in an auction setting. RCW 39.30.045 authorizes a county to acquire supplies, materials, and equipment through an auction conducted by the federal government, a state agency, a municipality or other government agency, or any private party, without bids, if the items to be purchased can be obtained at a competitive price.
F. Exemptions. If your purchase falls into one of the categories below, you may be exempt from normal competitive bidding requirements:
1. Emergency purchase (RCW 39.04.280).
2. Sole source purchase (RCW 39.04.280).
3. Special facilities or market conditions (RCW 39.04.280).
4. Purchase of insurance or bonds (RCW 39.04.280).
5. Auction (RCW 39.30.045).
6. Electronic data processing or telecommunications purchase (see CCC 3.08.090). [Res. 2019-21.]
3.08.060 Architecture, engineering, landscape architecture, or surveying services.
A. Competitive Process Overview.
1. All local governments must follow the uniform requirements of Chapter 39.80 RCW when procuring professional A&E contracts. Unlike other types of contracts which are awarded to the lowest responsible bidder, A&E contracts are awarded primarily based on qualifications, rather than cost, a process known as “qualifications-based selection” (“QBS”).
2. Consultants must submit statements of qualifications and/or a request for noncost proposals to the county for consideration, prior to award of any A&E contracts. The county will evaluate the expertise of the competing firms, select the most highly qualified firm and negotiate the final project scope and associated fee.
3. If the agency and most highly qualified firm cannot reach an agreement on project scope, schedule and budget, the agency then negotiates with the next most highly qualified firm.
4. QBS recognizes that the lowest price should not be a factor for selecting highly skilled design services for essential public facilities and infrastructure.
5. State statutes do not establish formal competitive requirements, so you have some flexibility in determining how to solicit competition. However, if the project includes grant funding, the grant conditions may require a specific solicitation process. Generally, the more complex or expensive the project is anticipated to be, the more rigorous the solicitation process should be.
B. Notification Requirements.
1. You must advertise your agency’s requirements for professional services in advance, concisely stating the general scope and nature of the work and providing the address of a representative of your agency who can provide more information.
2. You may publish an announcement for each project, or you may publish a general announcement of your anticipated requirements for any category of professional services, typically referred to as a consultant roster. You should encourage firms to submit annual statements of qualification and performance data.
3. When publication is for a specific project, the need for consultant services must be advertised at least one day per week for two consecutive weeks (14-day minimum) in the area newspaper used for publication of legal notices. A three-week minimum response time from the initial date of publication should be provided to consultants. These advertisements may be supplemented by additional advertisements in special interest publications such as the Daily Journal of Commerce, trade magazines or publications utilized by disadvantaged business enterprises.
C. Women-, Minority-, and Veteran-Owned Businesses.
1. All local governments seeking A&E services must develop a plan to give maximum opportunities to women-, minority- and veteran-owned firms, making sure that their participation levels are consistent with their general availability within each given field (RCW 39.80.040).
2. In order to be in compliance with both state and federal requirements, advertisements for consultant services should include the following Title VI language:
The (Local Agency) in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.
D. Request for Qualifications. Requests for qualifications (RFQs) ask only for a firm’s general capabilities, including:
1. List of principals.
2. Previous projects.
3. Number of employees.
4. Licenses.
Local governments may distribute RFQs for a services roster as detailed in subsection (B)(3) of this section or as part of an independent formal competitive solicitation. In the case of a formal competitive solicitation, the RFQ can be combined with a request for proposals (RFP), or it could be distributed as the first step in the review process prior to distributing RFPs.
E. Use of Consultant Roster for Architectural and Engineering Services. The county may utilize a consultant roster for services required. The agency will evaluate current statements of qualifications and performance data on file and will request proposals from one or more firms regarding the proposed project to determine the most highly qualified to provide the services required.
F. Request for Proposals.
1. Requests for proposals (RFPs) ask respondents to submit project specific proposals, if not already on file, and a proposed scope of services in response to the agency’s specific needs. At a minimum, every RFP should include:
a. Statement of Need (Scope). This should be well written with an adequate level of detail describing the project tasks and products, and listing the availability of supporting documents.
b. Estimated Schedule. This should be realistic and closely tied to the scope.
c. Evaluation Criteria. Be clear and tie the criteria to the scope. Provide the scoring criteria and decision schedule if available.
d. Proposal Elements. List all the information that interested firms should submit, including the firm’s general approach to the project, a list of key personnel who would work on the project with their experience and availability and general scope and deliverables. Keep the submittal requirements, page limitations and due date in the same section of the RFP. Allow for flexibility in the format of responses.
e. Submittal Deadline. Allow an adequate response time of three to four weeks. Accept electronic proposals and acknowledge receipt of all proposals.
f. Agency’s Standard Terms and Conditions. Attach a copy of the terms and conditions, if available, to the RFP.
2. Other common RFP elements include:
a. Anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services background on the agency and project, including budgets.
b. Reference documents, although large documents may be posted to a website and referenced in the document.
c. If interviews are mandatory as part of the selection process. Interviews may be by phone or in person.
d. The preproposal conference schedule.
e. Public disclosure guidance.
f. Notice that costs incurred in the development of proposals and the selection process will be assumed by the proposers.
g. Formal certification by the proposer of its authorization to submit the proposal, time validity of the proposal, noncollusion, etc.
h. Notice that agency reserves the right to reject all proposals and costs will not be reimbursed.
G. Evaluating Proposals – Evaluation Criteria. Each agency may establish its own criteria for evaluating proposals (RCW 39.80.040). Potential evaluation criteria include, but are not limited to:
1. Experience in designing/surveying the type of project envisioned.
2. Quality of previous performance.
3. Ability to meet contract deadlines.
4. Responsiveness to solicitation requirements.
5. Compliance with statutes and rules relating to contracts or services.
6. References.
7. Staff readily available for the project.
8. Financial capacity.
9. Licensing and certification.
10. History of errors and omissions.
11. Construction change order history.
12. Counties’ prior experience with consultant.
Agencies should consider whether to use a review committee and whether to use weighted evaluation criteria.
H. Contract Negotiations.
1. After evaluating the proposals, agency staff or the review committee usually recommend a single A&E firm for contract award, subject to contract negotiations. Negotiations with the recommended firm include refining the scope of work, schedule, deliverables and price, with the objective of obtaining the best value for the agency. Agencies may wish to develop a checklist of standard contract terms that can be modified for individual projects.
2. The agency must ensure that the final scope is consistent with the services described in the formal solicitation document. A substantial change in the scope may lead to protests from unsuccessful firms, especially if it is accompanied by a cost increase over and above the original projections.
3. When determining whether the cost is fair and reasonable, agencies should consider the nature of the work, the risk assumed by the consultant, the management of any subconsultants and the project timeline.
4. If the agency is unable to negotiate a fair and reasonable price with the most highly qualified firm, it may negotiate with the second-most qualified firm instead, and so on until an agreement is reached with one of the firms or the process is terminated (RCW 39.80.050).
I. Intergovernmental Architecture and Engineering Contracts. Two or more agencies may enter into an intergovernmental contract providing for the joint utilization of architecture and engineering services – see RCW 39.34.030(6). The primary agency must comply with all the requirements of Chapter 39.80 RCW, and the services provided to other agencies must be related to and within the general scope of the work the firm was originally selected to perform.
J. Emergency Exemption. If your project qualifies as an emergency contract, you may be exempt from the normal QBS requirements. [Res. 2019-21.]
3.08.070 Personal services.
A. Personal services involve technical expertise provided by a consultant to accomplish a specific study, project, task, or other work. These activities and products are mostly intellectual in nature, and they do not include architecture and engineering services, which have their own requirements.
Examples of personal services include, but are not limited to:
1. Comprehensive/land development planning.
2. Legal services.
3. Management analyses.
4. Accounting services.
5. Audit services.
6. Medical services.
Certain personal services may require licensing or certification by state agencies, such as accounting, legal or medical services.
Personal services should not be confused with purchased services, which are generally routine, repetitive or mechanical in nature and support an agency’s day-to-day operations.
B. Statutory Requirements for Personal Services. Only port districts and public facilities districts have statutory requirements for personal services contracts. No other local governments in Washington have statutory requirements. Although not required by the statute, the following process shall be utilized when contracting for personal services.
C. Public Defender Services. There is no required procedure for contracting for public defenders.
D. Bid Limits and Processes. All contract awards for personal services shall be documented for the public record, including the selection criteria, the names of firms considered, all responses received, the basis for the award decision and a copy of the final contract. The following bid limits and processes shall apply:
1. Minimal Competition – $5,000 or Less.
a. Place calls to one to three qualified firms or individuals describing the desired services. Request prices, schedules and qualifications. You may not receive a quote from all firms you solicit. Document that they were contacted and either did not respond or declined to bid.
b. Negotiate a contract with the lowest responsible bidder.
2. Informal Competition – $25,000 or Less and More than $5,000.
a. Prepare a written solicitation document including, at a minimum: a description of the required services, the project schedule, a request for the consultant’s qualifications and costs/fees and due date for the responses.
b. Send the solicitation to three to five firms selected from the appropriate consultant roster list and ask for proposals.
c. Evaluate the proposals and negotiate a contract with the lowest responsible bidder.
3. Formal Competitive Bidding – Over $25,000. Follow the competitive process outlined in CCC 3.08.060, Architecture, engineering, landscape architecture, or surveying services.
E. Emergency Exemption. If the board of county commissioners determines that an emergency exists which requires contracting for personal services, or in which it is determined a sole source need exists, or for any other compelling reason, the board may determine such contract to be considered exempt and waive any or all requirements of this section. The board shall by resolution make said determinations and shall fully document the need for the exempt determination. [Res. 2019-21.]
3.08.080 Purchased services.
A. Purchased services are those provided by vendors for routine, necessary and continuing functions of a local government agency, mostly relating to physical activities. These services are usually repetitive, routine or mechanical in nature, support the agency’s day-to-day operations, involve the completion of specific tasks or projects and involve minimal decision-making.
1. Examples of purchased services include, but are not limited to:
a. Delivery/courier service.
b. Herbicide application.
c. Recycling/disposal/litter pickup service.
d. Vehicle inspection, lubricating, and repair services.
2. However, the State Department of Labor and Industries considers some services, such as HVAC maintenance or road striping, to be public works (see below).
3. Purchased services should not be confused with personal services, which are mostly intellectual in nature.
B. Competitive Bidding Overview. State law does not prescribe any thresholds or processes for purchased service contracting, unless the contract requires prevailing wages as discussed below. This means that the state has not established bid limits or advertising requirements, and that bonds and retainage are not required. However, the following process shall be utilized when contracting for purchased services.
C. Bid Limits and Processes. All contract awards for purchased services shall be documented for the public record, including the selection criteria, the names of firms considered, all responses received, the basis for the award decision and a copy of the final contract. If applicable follow the small works roster, vendor list, or architecture, engineering, landscape architecture or surveying services process. If no other process applies, the following bid limits and processes shall apply:
1. Minimal Competition – $5,000 or Less.
a. Place calls to one to three qualified firms or individuals describing the desired services. Request prices, schedules and qualifications. You may not receive a quote from all firms you solicit. Document that they were contacted and either did not respond or declined to bid.
b. Negotiate a contract with the lowest responsible bidder.
2. Informal Competition – $25,000 or Less and More than $5,000.
a. Prepare a written solicitation document including, at a minimum: a description of the required services, the project schedule, a request for the consultant’s/contractor’s qualifications and costs/fees and due date for the responses.
b. Send the solicitation to three to five firms selected from the appropriate roster or other list and ask for proposals.
c. Evaluate the proposals and negotiate a contract with the lowest responsible bidder.
3. Formal Competitive Bidding – Over $25,000. Follow the competitive process outlined in CCC 3.08.040, Public works contracting (including prevailing wage rules), or CCC 3.08.060, Architecture, engineering, landscape architecture, or surveying services, as appropriate.
D. Purchased Services and Prevailing Wages. Some purchased services, such as building maintenance services, are not subject to public works bidding requirements but still require prevailing wages under Chapter 39.12 RCW.
If it is uncertain whether a particular task is subject to prevailing wages, browse L&I’s Prevailing Wage Policies and Determinations or contact the department directly. There are also examples in MRSC’s Contracting for Services publication.
E. Emergency Exemption. If the board of county commissioners determines that an emergency exists which requires contracting for purchased services, or in which it is determined a sole source need exists, or for any other compelling reason as determined by the board, the board may determine such contract to be considered exempt and waive any or all competitive bidding requirements. However, all prevailing wage and all other rules apply. The board shall by resolution make said determinations and shall fully document the need for the exempt determination. [Res. 2019-21.]
3.08.090 Electronic data processing and telecommunications systems.
A. When purchasing (and installing) electronic data processing or telecommunications equipment, software or services, the following competitive negotiation process shall be utilized:
1. A request for proposals (RFP) must be prepared and submitted to an adequate number of qualified sources, as determined by the county, to permit reasonable competition consistent with the requirements of the procurement.
2. Notice of the RFP must be published in a newspaper of general circulation in the county at least 13 days before the last date on which proposals will be received.
3. The RFP must identify significant evaluation factors, including price, and their relative importance.
4. The county must provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources and selection for awarding the contract.
5. The award must be made to the qualified bidder whose proposal is most advantageous to the county, with price and other factors considered. The county may reject any and all proposals for good cause and request new proposals. [Res. 2019-21.]
3.08.100 Standards of conduct.
A. Columbia County must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts (2 CFR Section 200.318(c)(1)). These standards are:
1. No employee, officer, elected official, or agent may participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, elected official, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, and has a financial interest or other interest in or a tangible personal benefit from a firm considered for a contract.
2. The officers, employees, elected officials, and agents may neither solicit gratuities, favors or anything of monetary value from contractors or parties to subcontracts.
3. Unsolicited gifts received within the requirements of RCW 42.52.150 are allowable. For the purpose of this policy, each reference in RCW 42.52.150 to “state officer” or “state employee” is replaced with “county employee, officer, elected official, or agent.”
B. Failure to comply with these standards of conduct shall result in disciplinary action up to and including termination. [Res. 2019-21.]