An ordinance amending Sections 3-104, 3-107, 3-108, 3-110, and 3-120 of Ordinance No. 09-24, related to procurement purchasing limits, emergency purchases and risk management settlements; and for other purposes.
THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
Section 3-104 of Ordinance 09-24 is hereby amended by deleting paragraphs (3) and (4) in their entirety and substituting new paragraphs (3) and (4) to read as follows:
“(3) $5,001- $9,999
Competitive Sealed Quotations for purchases $5,001- $9,999
Any supply, material or contractual service, including construction, not under an annual contract, with an estimated total cost not less than $5,001 but not more than $9,999 shall be purchased on the open market, without regard for formal advertising by obtaining competitive sealed quotations. The competitive sealed quotation process will be administered by the Purchasing Division. This requirement shall apply to the purchase of any single item or single purchase of multiple items with an estimated total cost of $5,000 - $9,999. An official purchase order of the Columbus Consolidated Government issued to the awarded vendor(s) shall be used for the procurement.
Purchasing Authority - Finance Director or designee
(4) $10,000 +
Formal Bid Process or Competitive Sealed Proposals (Negotiation)for purchases $10,000 and above
Any supply, material or contractual service, including construction, which has an estimated total cost of $10,000 or more shall be purchased through the formal sealed bid process or through the competitive sealed proposal process. These procurements shall be formally advertised. This requirement shall apply to the purchase of any single item or single purchase of multiple items with an estimated total cost of $10,000. The sealed bid process and the Request for Proposal process will be administered by the Purchasing Division. An official Purchase Order of the City shall be issued to the awarded vendor(s) for the procurement, or when applicable, a contract shall be executed.
In addition, any supply, material, or contractual service required under an annual contract, for any term length and regardless of the total cost, shall be procured through the use of the formal bid process or Competitive Sealed Proposal process.
Purchasing Authority: Columbus City Council
Section 3-107 of Ordinance 09-24 is hereby amended by deleting section 3-107 in its entirety and replacing it with a new Section 3-107 to read as follows:
Competitive Sealed Quotations- Purchases $5,001- $9,999
Any supply, material or contractual service, not under an annual contract, with an estimated total cost not less than $5,001, but not more than $9,999 shall be purchased on the open market, without regard for formal advertising by obtaining competitive sealed quotations. The competitive sealed quotation process will be administered by the Purchasing Division. This requirement shall apply to the purchase of any single item or single purchase of multiple items, from a single vendor, with an estimated total cost of $5,001 -$9,999. The same procedures will be followed as outlined in
Formal Competitive Sealed Bidding
with the exception of the following changes:
Using Agency Responsibility
The using agency will be required to supply, to the Purchasing Division, the following information: 1) detailed specifications describing the required good/service; 2) suggested vendors whom the using agency is aware can supply the required good/service; 3) the time frame the good or service is required. The using agency shall establish a project manager for the procurement.
The Purchasing Division shall administer the quotation solicitation. No formal advertising is required.
Vendors will be given at least fifteen (15) business days to respond to a competitive sealed quotation solicitation; however, the City may seek competitive quotations in a shorter period, if necessary, as determined by the Purchasing Manager.
Quotation Receipt and Opening
Sealed quotations will be received by the date and time established. There will be no public opening for the competitive sealed quotations. However, the quotations will be opened in the presence of at least two (2) witnesses, which may include the Purchasing Division Director or designee, the Buyer for the project, and the project manager or designee of the using agency. The results of the solicitation will be made available to vendors upon request.
Quotation responses will be evaluated by the using agency and Purchasing Staff.
Documentation of award recommendation will be forwarded to the City Manager for
review. The Finance Department Director or designee shall approve Procurements $5,001 -
The award will be made to the lowest, responsible, responsive vendor(s). Council Action is not required.
After approval of the award recommendation, the Purchasing Division will issue an official purchase order to the awarded vendor(s). All information concerning the procurement will be kept in a project file in the Purchasing Division as a matter of public record.
Section 3-108 of Ordinance 09-24 is hereby amended by deleting section 3-108 in its entirety and replacing it with a new Section 3-108 to read as follows:
Formal Competitive Sealed Bids- Purchases $10,000 and above
All City procurements with an estimated total cost of $10,000 and above will be awarded by the competitive sealed bid process except as provided in the sections titled Competitive Sealed Proposal (Negotiation), Emergency Procurement and Only Known Source Procurement. Procurements with an estimated value less than $10,000 may be formally bid if deemed to be in the best interest of the City by the Purchasing Division Manager. However, the purchase will be approved by the authority specified for the total cost of the procurement, per section 3-104,
For any procurement large enough to require the use of competitive sealed bidding, an officer or employee of the using agency involved in the procurement shall act as project manager. The Purchasing Division Manager may assign certain tasks and record keeping requirements related to the procurement. The project manager will keep and make available to the Purchasing Division all records required for the tasks assigned.
Request for Bid Advertisement
The using agency shall submit to the Purchasing Manager, applicable specifications, requirements, justifications and cost center(s) to be charged for the procurement.
Invitation for Bids
An invitation for Bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement.
i) The public will be given adequate notice of the Invitation for Bids, provided that, adequate notice shall mean at least fifteen (15) business days before the bid opening date, which is stated in the Invitation. Notice shall be published in a reasonable time before bid opening, contain a description of the procurement in general terms, as well as, the place, date, and time of bid opening, and appear in a newspaper (s) of general circulation. In addition to publication in a newspaper, notice shall also be made by electronic means, including the posting on the Internet and on the City's government access television channel.
Public Works construction projects shall be advertised in accordance with Georgia State Law.
iii) The City reserves the right to mail invitations to vendors under the following circumstances:
a. Solicitations for Specialized Equipment/Supplies
b. Solicitations for Specialized Services
c. Re-bid of Solicitations where normal advertising procedures netted no responses.
d. Whenever deemed necessary by the Purchasing Division Manager.
Construction projects shall be advertised in accordance with Georgia State Law.
Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded, and retained for three years. The record and each bid shall be open to the public in accordance with Section 1-301 of the Procurement Ordinance (Public Access to Procurement Information).
Bid Receipt and Evaluation
Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth
the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids.
Correction or Withdrawal of Bids; Cancellation of Awards
Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division.
After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.
All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Division Manager's written determination.
Receipt of One Sealed Bid
In the event only one sealed bid is received, no formal bid opening shall take place. First, the Purchasing Division shall conduct a survey of vendors to inquire of "no bid" responses and non-responsive vendors. If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned unopened to the vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation.
If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation.
Receipt of Tie Bids
In the event multiple responsive, responsible bidders are tied for the lowest bid price and all other terms and requirements are met by all tied bidders, the award recommendation shall be as follows:
1. Award to the local bidder, if one of the bidders has its principal place of business in
2. If all or none of the bidders has its principal place of business in Columbus, Georgia, then award the bid to the bidder who has received the award previously.
3. If neither bidder received the award previously, and neither of the tied bidders has its principal place of business in Columbus, Georgia, then the bid award shall be equally divided between the tied bidders.
4. If it is not feasible to divide the award and if all or none of the tied bidders has its
principal place of business in Columbus, Georgia, and neither was awarded the bid previously, then all bids will be rejected and the bid will be re-advertised.
After evaluation of the bids, the using agency will forward a written award recommendation to the Purchasing Division. The award recommendation shall be reviewed by the Purchasing Division. The Purchasing Division Manager shall approve the recommendation prior to placement on Council Agenda for Council action.
If the low bidder is not recommended for a bid award, the using agency must submit, in writing, the reason(s) the low bidder is not recommended. The Purchasing Division will notify the low bidder as to why his/her bid is not recommended. The low bidder will be given the opportunity to respond to any and all reasons their bid is not recommended. Final decisions to accept or reject the responses and to recommend the bid award will rest with the Purchasing Division Manager and the using agency.
If the low responsive and responsible bidder exceeds available budgeted funds as certified by the approved budget for the pertinent fiscal year, the Purchasing Division Manager is authorized to negotiate an adjustment of the bid price to bring the bid within the amount of available funds. This should only occur when time or economic considerations preclude re solicitation of work of a reduced scope. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the Invitation for Bids.
Bid Award for Procurements $10,000 and over
Any procurement with a total cost of $10,000 or above must be approved by Council action.”
Section 3-110 of Ordinance 09-24 is hereby amended by deleting section 3-110 in its entirety and replacing it with a new Section 3-110 to read as follows:
Competitive Sealed Proposals (Competitive Sealed Negotiations) For Equipment,
or Professional Services - $10,000 and Above
When the Purchasing Division Manager determines that the use of competitive sealed bidding for any procurement is either not practicable or not advantageous to the City, a contract may be entered into using the competitive sealed proposals (negotiation) method. In addition, the competitive sealed proposal process shall be used for the procurement of professional services.
The competitive sealed proposal process may be used for procurements with an estimated total cost less than $10,000, if deemed to be in the best interest of the City. If the total cost can be determined, the authority to approve such solicitations will be as prescribed by Article 3-104,
If, due to the required services, a total cost cannot be determined then the award recommendation will be approved by Council.
Request for Proposals
Proposals shall be solicited through Request for Proposals. The Purchasing Division shall establish the specifications with the using agency and set the date and time to receive proposals. The request for proposal shall include a clear and accurate description of the technical requirements for the service or item to be procured.
Adequate public notice of the Request for Proposals shall be given in the same manner as provided under the section titled "Competitive Sealed Bids."
Receipt of Proposals
Proposals must be received by the deadline date established. No public opening will be held. No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of discussion. A register of proposals shall be prepared as part of the contract file, and shall contain the name of each offeror, the number of modifications received (if any), and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.
The Request for Proposals shall identify all significant evaluation factors (including price or cost) and their relative importance. Mechanisms shall be established for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.
Discussion with Responsible Offerors and Revisions to Proposals
As provided in the Request for Proposals, discussions (negotiations) may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award, to assure full understanding of and conformance to the solicitation requirements. All qualified, responsible offerors shall be given fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or any information derived from proposals submitted by competing offerors. If only one proposal response is received, then the award recommendation shall be to the single offeror, if the offeror meets all requirements.
After negotiations, the award recommendation must be presented to Columbus City Council for final approval. Award will be made to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration total cost (if determined) and all other evaluation factors set forth in the Request for Proposals.
After Council approval, a contract based on the negotiations (if negotiations were necessary) will be drawn and signed by all necessary parties. If Council does not approve the award, further negotiations may take place with the recommended offeror or negotiations will begin with the next most qualified offerer. The contract file shall contain the basis on which the award is made.
After contract award, the contract file, will be made public. Offerors will be afforded the opportunity to make an appointment to review the contract file.
Section 3-115 of Ordinance No. 09-24 is hereby amended by deleting the fifth sentence in its entirety and by substituting a new fifth sentence to read as follows:
“When the emergency procurement procedure is used for purchases of $10,000 or more, the City Manager will report the nature of the emergency and the vendor, item(s) purchased, price, and recommended funding source to the Mayor and Council at the next Council meeting.”
Section 3-120 of Ordinance No. 09-24 is hereby amended by deleting Section 3-120 in its entirety and replacing it with a new Section 3-120 to read as follows:
“Notwithstanding any provision of this ordinance or prior resolution, risk management settlements not to exceed $10,000.00 may be approved by the City Manager and the City Attorney from funds budgeted for risk management purposes.”
All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
Introduced at a regular meeting of the Council of Columbus, Georgia held on the 25
day of October, 2016, introduced a second time at a regular meeting of said Council held on the ______ day of ________, 2016, and adopted at said meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Garrett voting__________.
Councilor Henderson voting________.
Councilor Huff voting_____________.
Councilor Thomas voting___________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
TINY B. WASHINGTON, CLERK TERESA PIKE TOMLINSON, MAYOR