North Central Regional Planning Commission Procurement Policies: Purchasing Related To Homeland Security & All Other Programs But For Micro Purchasing
To maintain compliance with 2 Code of Federal Register Part 200.318 Uniform Guidance and State Authorizing Agencies, the North Central Regional Planning Commission has the following standards for procurement.
Very small purchase methods are less formal, relatively simple procedures for purchasing goods, services and supplies. Micro-purchase is defined as an acquisition of supplies or services, the aggregate amount of which does not exceed the threshold as defined in §200.320 (Federal Register, Vol. 78, No. 248). Standard procedures for the micro-purchase procurement of supplies, equipment, and services on purchase the aggregate dollar amount which does not exceed $1,000.
Micro-purchases may be awarded without soliciting competitive quotations if the price is to be reasonable and within keeping of the budgetary norm of the North Central Regional Planning Commission. The North Central Regional Planning as sub-recipient or grantee must obtain price or rate quotations from at least one of reliable qualified source.
Grantees such as the NCRPC should note that all procurements, including those under micro-purchase procedure, are to be void of familial or relational conflicts of interest.
Small purchase techniques are less formal, relatively simple procedures for purchasing goods, services and supplies. Governmental grantees such as North Central Regional Planning Commission are authorized to use these techniques for contracts between $1,000 and $5,000 simplified acquisition threshold in the aggregate. Grantees must obtain price or rate quotations from an adequate number of qualified sources. Grantees should note that all procurements, including those under small purchase procedures, must be competitive.
The North Central Regional Planning Commission develops a list of equipment items to be purchased and presents that list to at least three (3) reputable vendors although two (2) responding quotes are sufficient so long as the vendors involved are competitive and possess equal capacity to provide the good or service being sought. These can be handwritten notes, electronic mail or quotes from vendors.
Under the sealed-bid method, the grantee must make a firm fixed-price award to the bidder whose bid responds to the invitation and is most advantageous to the grantee. While price is the single factor in determining the winning bid for many advertised procurements, grantees can consider other factors such as discounts, transportation costs, taxes and life-cycle costs. However, if the grantee considers factors other than price in determining the winning bid, the invitation for bids must describe clearly these other factors and how they will be applied in calculating the bids.
The standard on sealed-bid procurement also permits grantees to reject any or all bids when it is in the best interest of the grantee. It can reject a bid according to applicable state and local laws, rules and regulations. To prevent the procurement process from becoming bogged down in such proceedings, grantees plan to construct a well-documented rationale when deciding to reject bids.
The North Central Regional Planning Commission develops a list of at least three (3) vendors from whom they wish to receive a bid. Both the General and Special Conditions detailing the product being sought are prepared. The NCRPC then creates the bid document and posts each bid publicly.
For proposals, between $5,000 and $25,000, the bid invitation is published on an NCRPC website and direct solicitation to interested vendors is provided. At least three (3) days notice occurs posting on the website or by direct solicitation. If the bids are expected to be greater than $25,000, the bid invitation is posted on the NCRPC website and in a public place each at least 10 days prior to the bid deadline. No electronic mail bids will be acknowledged or accepted.
Competitive Proposals or Qualification Statements
Competitive proposals are generally used when circumstances do not permit grantees to use the seal-bid method. They can result in the award of either a fixed-price or cost-reimbursement type contract. Grantees use a request for proposal to identify all evaluation proposals. Awards are made to the firm whose proposal is most advantageous to the program, considering price and other factors.
The Committee is to provide the details of the needed professional services. The NCRPC will then produce the corresponding documentation as well as mail out the Request for Proposals/Qualifications to a list of prospective services providers developed by the Project Committee.
Noncompetitive Proposals & Sole Source
When NCRPC is a grantee or subgrantee may use noncompetitive proposal or sole-source procurements. But, this procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
- The item is only available from one source;
- There is a public exigency or emergency need for the item that will not permit the delay associated with competitive solicitation;
- The awarding agency authorizes noncompetitive proposals; or
- After solicitation of a number of sources, competition is determined inadequate.
For Homeland Security purposes, Sole Source procurements must be reviewed by the Kansas Highway Patrol. The NCRPC Executive Board will have the opportunity to review and consent to the Sole Source undertaking.
All quotes, bids and RFPs/RFQs received are presented to Council for review along with the recommendations of the Project Committee and NCRPC (fiscal agent) before Purchase Orders and Contracts are issued. The Council then determines if it agrees or disagrees with the findings presented it and votes either to proceed or not to proceed with the project. The unsuccessful bidders are notified of the results.
The program fiscal agent finalizes all Purchase Orders and contract documentation.
- Purchase Orders go to Committee Chair or Project Lead for approval.
- Fiscal agent submits P.O. to vendor unless there is a special reason for Project Chair to submit it to the vendor.
- Contracts are sent directly to vendor for signature.
Homeland Security monitoring and inventory is done by Kansas Highway Patrol using details available from Purchase Order or Contract documentation. This began with Fiscal Year 2010 contracting except for “consumables”.
Once invoice is received and equipment is delivered and in good working order, fiscal agent will produce the Transfer of Property Agreement pertaining to the equipment being purchased, sending that document to each agency or organization identified as having primary responsibility for the equipment or as directed by each Regional Council.
State Authorizing Agency Audits generally occur with the grantee near the end of each fiscal grant year.