HomeMy WebLinkAboutR-2486 - Delegating Contracting Authority, Establishing Minimum Procurement Procedures, and Repealing Resolution No. 2469CITY OF MARYSILLE
Marysv ill e, Wa s hington
RESOLUT ION NO. 2/f'Olp
A RESOLUTION OF THE C ITY OF MARY SV ILLE DELEGATfNG CONTRACTfNG
AUTHORITY, ESTABLISHfNG MfNIM UM PROCUREMENT PROCEDURES , AND
REPEALfNG
RESO LUTIO N NO. 2469.
WHEREAS , Wash ington State law require s the C ity to follow certain procedures in
bidding and award in g publi c wo rk projects, requires the City to fo ll ow certain procedures in
procurin g spec ifi ed serv ices , and othe rwise a ll ows th e City Council to es tab li sh the ma nn er in
which the City procures public works, goo d s, and services; and
WH EREAS , RCW 35.23.352 and RCW 39.04.155 were amended by ESB 5418 to a lt er
the limit s for utilizing the small works roster an d verbal quotes on public wo rk s; and
WHEREAS, federal g uideli nes for purch asing goo ds, mate ri a ls, and sup pli es unrelated to
a pub lic work ha ve increase d the d ollar amount at which compet iti ve bidding is required ; and
WHEREAS, the City Co unci l desi res to inc rea se the thre s ho ld fo r Co uncil appro va l of
ag reem e nt s to $I 00,00 0.0 0 to reflect current conditio ns; and
WHEREAS , the Ci ty Counci l desires to delegate its authorit y to manage grant funds of
Jess than $I 00,000.00 to th e mayor whe n s uch management does not re s ult in a lt e rin g the
underlying purpose o f the gra nt ; and
WHEREAS , the C ity Co unc il des ires to dele ga te its contracting au th o rit y, in accordance
with this Reso lut io n , to allow the City to serve th e public goo d by procuring publ ic wo rks goods,
and services in an efficien t and effec tive manner that comp lies with Sta te law;
NOW , T HERE FORE , BE IT RESOLV ED BY THE CITY COUNC IL OF THE C ITY
OF MARY SVILLE, WASH INGTON, AS FOLLOWS :
S ection 1. Delegation of Contra ctin g Auth o ri ty a nd R eserva ti o n of Coun cil App r ova l
The City Co uncil must appro ve th e following agreemen ts prior to the Mayor exec uti ng them:
a. All ag ree me nt s with a tota l cos t of $100,000 o r g reate r.
b. All in terlocal agreements.
c. Any amend ments, or suppleme nt a l agreements mo d ify in g an ex isti ng agreement that
had an origi nal tota l cost of $100 ,000 or grea ter , except no-cost time ex ten sions that
do not exceed s ix months and change ord e rs that do not exceed the approved
manageme nt reserve.
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d . Any amendm ents, or supp lemental agreements modi fying an existing agreement that
had an original total cost of less th an $100,000 but where the cumulati ve total of the
original agreement and all c hange o rders, amendments, and supplemental agreements
wi ll exceed $100,000.
The Mayor may o th erwise execute agreements, as necessary, without Council approval, provided
that the agreement is so li cited and awarded in accordance w ith the minimum procedures
co ntained in thi s Reso luti o n and s uch further procedures as the Mayor, Chief Administrative
Officer, or Finance Direct o r may adopt tha t are not inconsis tent with thi s Reso luti o n. If the
Mayor has authority to execute an agreement , he or s he may permit department directors to
purc hase s up plies, equipment, or to secure necessar y repa irs fo r co ntinued city operations so
long as budgeted funds are available and the acqui s ition is in accordance with the minimum
procedures in thi s Reso lution.
Section 2. Minimum Procurement Requirement .
C ity Staff shall fo ll ow, at a minimum, th e proced ures li sted bel ow, and such further procedures
as the Mayo r , Chief Admini strative Office r, o r Finance Director may ado p t that are not
inconsis tent with t h is Resolution. Proced ures are not in consistent if th ey require, for a part icular
procurement, more process or more competitio n than specified in this Resolution. All federally
funded purchases must fo ll ow the Federa l Procurement Manual (Exhibi t A).
a. Purc hase of Goods , Materials, a nd Supplies (unre lated to a public work). T he
procurement o f goods, materials, and su ppli es mus t comply with the tab le below (except
th at federa ll y funded purchases must follow the Fe dera l Procurement Manual (Exhibit
A)):
Limit* Mi ni mum Requirement**
Less than $10,000 S in g le Quote -Department Heads may use a local purchase order or
purc hasing card .
$10,000 -$74,999 Minima l Compe titi on -C ity staff must obtain ver ba l quotes from at
least three suppliers.
$75,000 -$349,999 In fo rmal Compe titi on -City staff must obtain writte n quotations from
at least three suppl iers
$350,000 and Above Forma l Co mpetition -C ity S t aff must uti li ze co mpe titi ve bidding.
*Including applicable taxes and freight
**Federally funde d purchases must fo ll ow th e procedures in the Federal Procurement Manua l
b. Se rvices.
1. Archirectural and Engineering Professional Services. City Staff must comply with
chapter 39.80 R CW fo r procu rin g professiona l se rvices within the architectural,
engineering, land surveyi n g, or land scape arc hitectu re professions.
11. Other Services. C ity staff must ut ilize the level of competition that is practica l under
the circumstance and follow any guidance from the Legal Department. Where price
a lone is no t the d etermini ng factor , st aff may utili ze requests for pro posa ls.
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c. Public Work. Procurements involvi ng a public wo rk of the City must comply with the
minimum competition listed in the table below (staff m ay always utilize any greater
competition listed for higher do ll ar thresholds): 1
Single Craft!frade* Multi Craft/Trade*
Less than $10 ,000 S ingle Quote Less t han$ I 0,000 Single Quote
$10,000 -$74,999 Minimal Competiti on $10,000 -Minimal Competition
(thr ee verbal quotes) $1 16,155 (three verbal quotes)
$75,000 -Small Works Roster (at $116, 156 -Small Works Ro ster (at
$349,999 least five contractors) $349,999 least fi ve contractors)
$350,000 and Competitive Bidding $350,000 a nd Competiti ve Bidding
A bove Above
* Federally funded publi c works must fo ll ow the procedures in the Federal Procurement Manua l
d. If city staff believe the lowest bid is not respon s ive or t he lowest bidder is not respon si ble ,
staff will consult with the Finance Director prior to award of the contract.
Section 3. Coo pera ti ve Purchas in g.
The C ity must enter into an in terlocal cooperative pu rchasin g agreement, i n accordance with the
provis io ns set fort h in RCW 39.34 as curre ntl y w ritt en or he reafter amended, pri or to executin g
an agreement for a coo perative purchase. All federally fu nd e d purchases mus t follow the
Federal Procurement Manual.
When purchases a re m a d e from a co ntract awarded by anoth er pub! ic agency and where an
interlocal cooperative purchasing agreem e nt is in place, any statutory o bli gat ion to provide
notice for bids or proposals th at applies to the C ity is satisfied if th e public agency or group of
pu bli c agencies that awarded the bid , proposal, or contract co m p lied with its own s tatutory
req uirements and either (1) pos ted the bid or sol icitatio n notice o n a websi te estab li shed and
maintained by a publ ic agency, purchasing cooperative or simil ar servi ce provider, for purposes
of posting public notice of bid or proposa l so licitation, or (2) provided an access li nk on the
state's web portal to the notice .
The C ity may include, in any in vi t ation to bid , request fo r pro posa ls , or o ther so li c it ation not ice
that the City participates in cooperative purchasing and that other public agencies may desire to
place o rders in accordance with the awarded contract. Bidders/proposers may be asked to
indicate if they agree to allow orders from oth e r publ ic agenc ies t hat have an inte rl ocal
cooperati ve purchasing agreement wi th the City.
1 T he exception in RCW 35.23 .352 for street s ignalization and street lighting public works projects is adopted.
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Secti on 4. Gra n t Fun ds
In order to insure that procuremen ts w ith grant fu nd s are handled app ropriately, that the process
is transparent , and that all areas of procurement accountab ili ty are addressed, procurements with
grant fund s must follow the more restrictive of: (I ) this Reso lu tion, (2) a ny proced ures ad opt ed
by the Mayor, Chief Adm inistrative Officer , or Finance Director, or (3) the requ irements
ap pli cabl e to the grant funds.
If th e Co unci l has voted to accept g ra nt funds in the amou nt of less th an $100,000.00, any
amendme nt to a grant between the C it y a nd th e grantor that does not alter the u nd e rl ying purpose
of th e grant may be execute d by the Mayor without furthe r Coun ci l action , unless the g rant
requires Council acti o n for an amendment.
Secti o n 5. Fede ra l G ra nt F unds.
a. Procurement Policy.
In order to insure that procurements with Federal grant funds a re handled appropriatel y, that the
process is transparent, and th at all areas of proc urement accountabi lit y are addressed,
procurements with Fede ral gran t funds must fo ll ow the more re strictive of: (I) this Re so lu tion,
(2) an y procedures adopted b y the Mayor, C h ief Administrati ve Officer, o r Finance Director, o r
(3) th e requirement s of th e Federal grant o r Federal law and regulations .
b . Cod e o f E t hi c s.
C ity s taff involved in the procurement of goods and services with Federal grant funds shall have
a fu ll und e rs tanding of t he Federal awarding agency 's conflict of interest pol icies appli cab le to
the award.
C ity s taff involved in the procurement of goods and services w ith Federal grant fu nds must
disclose in writing any p otenti al conflict of int erest to the Federal awarding agency or pass-
through entity in accordance w ith applica b le Federal awarding agen cy pol icy.
C ity staff involved in the procurement of goods and services with Federal grant funds must
comply with State law and th e City's Cod e of E thi cs, codified in chapter 2 .80 of th e Marysville
Muni c ipa l Code.
Section 6. Excep ti o ns a nd Waiver o f Co mp et iti ve Procurem e nt.
City s taff and th e Mayor are authorized to so li c it o r e nter into an agreement as o therwise
a uthorized by State law unless prohibi ted by th e municipal code or this Resolut io n . To the extent
a uthorized by State la w , the City Coun c il waives competitive proc u rement requirements in the
fo ll owi ng situati ons and any other s ituation s authorized by state law:
(I ) Purchases that are clearly and legitimately lim ite d to a single source of s u pp ly;
(2) Purchases in vo lvi n g spec ia l fac iliti es or market co n d it ions;
(3) Purchases in the event of an eme rgency;
( 4) Purchases o f in s urance or bonds;
(5) Publ ic works in the event of an e mergency;
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(6) Purchases of s uppli es, materia ls , or equipment through an auction conducted by the
U nited States or an agency thereof, an age ncy of the state of Washington, a
municipality, or other government agency, or a private party if the items can be
obtained at a competitive price ; a nd
(7) Purchases of s uppli es, materia ls, e lectronic data processing and telecommunication
equipment, software, services, and/or equipment from or through the United States
government.
(8) When using t h e Departm ent of E nterpri s e Services' (DES) Maste r Contracts Usage
Agreement (MCUA, t he c ity w ill n ot be req uire d to retain bid documentation.
If the agreement will have a total cost ofless than $100,000 , the Mayor will determine if
competitive procurement should be waived fo r one of the reasons in this section.
Section 7. A dminis tration. Admin istration of this Reso lut ion is the responsibility of the
Finance Director.
Section 8. R e pealer. Resolution No. 2 469 is hereb y repealed for the reason th at it is
rep laced by this Resolu ti on.
PASSED by the City Council a nd APPROVED by the Mayor this / u~day of , If&<·'{ '2020.
CITY OF MARYSVILL E
ATTEST:
Tina Brock, Deputy C ity C le rk
APPROVED AS TO FORM:
Jon Walker, City Atto rn ey
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FEDERAL PROCUREMENT MANUAL
2 CFR 200 PROCUREMENT GUIDANCE
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Contents
Summary ....................................................................................................................................................... 2
Internal Controls ........................................................................................................................................... 3
Certification................................................................................................................................................... 3
Advance Payments and Reimbursements .................................................................................................... 3
General Federal Grant Procurement Information ........................................................................................ 3
Cost Sharing or Matching .............................................................................................................................. 5
Allowable Costs ............................................................................................................................................. 5
Methods of Procurement ............................................................................................................................. 6
1. Micro-Purchase Process ........................................................................................................................ 6
2. Small Purchase Process ......................................................................................................................... 7
3. Sealed Bid Purchase Process ................................................................................................................. 8
4. Competitive Proposal Purchase Process – Non-A/E Services ............................................................... 9
5. Competitive Proposal Purchase Process – A/E Services ..................................................................... 11
6. Noncompetitive Proposal Process (Sole Source) ................................................................................ 12
Single Audit Act ........................................................................................................................................... 14
Project/Grant Closure ................................................................................................................................. 14
Code of Conduct ......................................................................................................................................... 14
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Summary
The purpose of this Federal Procurement Manual (the “Manual”) is to provide procurement guidance to
City of Marysville (the “City”) staff working with Federal grant funds according to the standards listed in
the final guidance issued in the Federal Register on December 26, 2013, codified in 2 CFR § 200. Where
City staff are procuring goods or services with Federal grant funds, City staff must assure that the
procurement complies with Federal regulations and the City’s procurement policies. This policy is
intended to assist City staff in complying with the Federal regulations, but City staff must satisfy the
stricter requirements. Where the City is only acting as a pass-through entity for Federal grant funds, this
policy will not apply, though the City and the sub-recipient will still be required to comply with all
applicable Federal regulations.
The basis for the information in this Manual comes from 2 CFR § 200, the documents listed below, and
the federal regulations applicable to the specific grant. City staff will utilize the information from this
Manual to handle procurements with federal funds appropriately, assure that the process is
transparent, and address all areas of procurement accountability.
This Manual does not address all aspects of 2 CFR § 200. Departments are responsible for complying
with all Federal regulations applicable to the grant they are operating under and for obtaining all
information required for proper accounting in accordance with Federal regulations.
The City will follow the Uniform Guidance, the Local Agency Guidelines (LAG) distributed by the
Washington State Department of Transportation (WSDOT), Governmental Accountability Office
Standards for Internal Control in the Federal Government (the Green Book), and the Committee of
Sponsoring Organizations of the Treadway Commission’s (COSO) Internal Control - Integrated
Framework Principles included as Attachment A.
This Manual was compiled with reference to the following:
1. 2 CFR § 200 (Uniform Guidance)
2. City of Marysville Resolution 2469
3. City of Marysville Memorandum regarding Consultant Selection by Public Works Director dated
January 15, 2016
Other Helpful Resources:
1. COFAR: http://cfo.gov/cofar
2. Contracting for Services: Guidelines for Local Governments in Washington State (November
2013)
The thresholds and other information in this document reflect both the Federal requirements and the
City of Marysville requirements. In particular, the dollar thresholds for the City are derived from
Resolution 2469 and, in some cases, are more restrictive than the Federal requirements.
This document is subject to revisions as required by the City or Federal law.
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Internal Controls
The City will maintain effective internal controls over the Federal award providing reasonable assurance
that the city is managing the Federal award in compliance with Federal statutes, regulations, and the
terms and conditions of the Federal award.
• Take prompt action when instances of noncompliance are identified including noncompliance
identified in audit findings.
• Take reasonable measures to safeguard protected personally identifiable information and other
information the Federal awarding agency or pass-through entity designates as sensitive.
• Follow the process workflow included as Attachment B.
Certification
To assure that expenditures are proper and in accordance with the terms and conditions of the Federal
award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment
under the agreements must include a certification, signed by an official who is authorized to legally bind
the non-Federal entity, which reads as follows: “By signing this report, I certify to the best of my
knowledge and belief that the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,
false statements, false claims or otherwise.”
Project Managers must use the contract routing sheet to acquire this certification.
Advance Payments and Reimbursements
Payment methods must minimize the time between the transfer of funds from the United States
Treasury or the pass-through entity and the disbursement by the city, whether the payment is made by
electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means.
Advanced payments must be limited to the minimum amounts needed and be timed to be in
accordance with the actual, immediate cash requirements of the city to carry out the purpose of the
approved program or project. Any advanced payments must be consolidated to cover anticipated cash
needs.
The city shall minimize the time between receipt of federal aid funds and subsequent payment of
incurred costs.
General Federal Grant Procurement Information
All City Departments utilizing Federal grant funds to purchase goods or services are to be familiar with
the following general information:
1. Read and understand all of the requirements of the grant that is being utilized, including the
Federal regulations providing guidance on the procurement process.
2. Maintain oversight to ensure that vendors perform in accordance with the terms, conditions,
and specifications of their contracts. 2 CFR § 200.318(b). This is best accomplished by identifying
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a Project Manager as the designated person in the department who is responsible for ensuring
that all contract requirements are met, including but not limited to, timely delivery, correct
quantities, products meeting specifications, and charges being consistent with the contract or
purchase order. The Project Manager is recommended to maintain written documentation and
checklists to reflect continued compliance monitoring.
3. Read and understand all of the written standards of conduct governing conflicts of interest and
governing the performance of employees engaged in the selection of awards and administration
of contracts. The City has included specific code of conduct provisions at the end of the Manual.
2 CFR § 200.318(c)(1).
4. Determine the need for the good or service, and where appropriate, determine the most
economical approach (for example, a lease vs. purchase). 2 CFR § 200.318(d).
5. Determine if a cooperative bid is feasible with another government entity to increase the
amount of good or services being ordered to obtain the best pricing for common or shared
goods and services. 2 CFR § 200.318(e).
6. Determine if Federal excess and surplus property is available in lieu of purchasing new
equipment. 2 CFR § 200.318(f).
7. Awards and contracts must only be to responsible contractors possessing the ability to perform
successfully under the terms and conditions of the procurement. 2 CFR § 200.318(h).
8. Departments must maintain records sufficient to detail the history of procurement, including
but not limited to, rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and basis for the contract price. 2 CFR § 200.318(i).
9. Time and material type contracts can only be used after a determination that no other contract
is suitable and when the contract includes a ceiling price that the contractor exceeds at its own
risk. 2 CFR § 200.318(j).
10. All procurement transactions must be conducted in a manner providing full and open
competition. 2 CFR § 200.319. Do not test products from one or more vendors prior to issuing a
bid or request for proposals for that type of product. The use of brand names in procurements is
prohibited unless followed by the words, “Or Equivalent”. If brand name or equivalent is used in
a procurement, it shall be followed by the salient characteristics of the product listed.
11. All contracts awarded using Federal funds must be officially closed out by the Project Manager
completing the Project Closeout Form and submitting to the City Clerk’s Office.
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Cost Sharing or Matching
For all Federal awards, any shared costs or matching funds and all contributions, including cash and third
party in-kind contributions, must be accepted as part of the non-federal entity’s cost sharing or
matching when such contributions meet all the criteria outlined in 2 CFR § 200.306 (b). If the purpose of
the Federal award is to assist the non-Federal entity in the acquisition of equipment, buildings or land,
the aggregate value of the donated property may be claimed as cost sharing or matching.
Allowable Costs
Except where otherwise authorized by statute, costs must meet the following general criteria in order to
be allowable under Federal awards (2 CFR 200.403):
• Be necessary and reasonable for the performance of the Federal aware and be allocable thereto
under these principle
• Conform to any limitations or exclusions set forth in these principles or in the Federal aware as
to types or amount of cost items
• Be consistent with policies and procedures that apply uniformly to both federally-financed and
other activities of the City
• Be accorded consistent treatment. A cost may not be assigned to a Federal award as a direct
cost if any other cost incurred for the same purpose in like circumstances has been allocated to
the Federal award as an indirect cost.
• Be determined in accordance with GAAP, except, for state and local governments and Indian
tribes only, as otherwise provided for in this part.
• Not be included as a cost or used to meet cost sharing or matching requirements of any other
federally-financed program in either the current or a prior period.
• Be adequately documented.
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Methods of Procurement
City staff may use one of the following six methods of procurement when utilizing Federal grant funds
(either wholly or partly). The appropriate method is determined by the type of procurement and the
estimated cost of the procurement.
1. Micro-Purchase Process
The following Micro-Purchase process will be followed any time Federal grant funds are used by City
departments for one-time purchases of goods or services that do not exceed $10,000 1 (or $2,000 in the
case of acquisitions for construction subject to the Davis-Bacon Act).
1. The department must establish the need for the purchase, establish clear and accurate
specifications without unduly restricting competition, and identify sources.
2. The department shall have a full understanding of what the specific federal regulation
requirements are before proceeding with a Micro-Purchase.
3. All Micro-Purchases by City departments using Federal grant funds must comply with the City’s
purchasing procedures (Resolution No. 2469 as may be amended or replaced).
4. All Micro-Purchases will be conducted under the following guidelines:
a. The City must distribute these purchases, to the extent practicable, equitably among
qualified suppliers.
b. Micro-Purchases may be awarded without soliciting competitive quotations if the City
considers the price reasonable.
c. No rate competitive quotations are necessary for the purchase.
d. No cost or price analysis is required.
e. The City must make the purchase from any one of a number of suppliers.
f. The department shall keep all Micro-Purchases in a file for easy accessibility and
auditing.
5. The department will utilize and award to “Small and Minority Firms, Women’s Business
Enterprise” when reasonable and possible and in compliance with State law.
6. The departments will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an “Excluded Vendor.” A copy of such documentation shall
be forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by
the Finance Department.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
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2. Small Purchase Process
The following Small Purchase process will be followed any time Federal grant funds are used by City
departments to purchase goods or services, the price of which equal or exceeds $10,000 but is under
$250,000.
1. The department must establish the need for the purchase, establish clear and accurate
specifications without unduly restricting competition, and identify sources.
2. The department shall have a full understanding of the applicable Federal regulations before
proceeding with a Small Purchase.
3. All Small Purchases by City departments using Federal grant funds must comply with the City’s
purchasing procedures (Resolution No. 2469 as may be amended or replaced).
4. The department will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an “Excluded Vendor.” A copy of such documentation shall
be forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by
the Finance Department.
5. The department will develop a documentation folder for all Small Purchase procurements for
use by the Finance Department to meet performance reporting requirements and audit needs.
Contracts resulting from Small Purchases will be entered into MIRS or Laserfiche by City Clerk.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
*All construction projects with a cost over $2,000.00 must follow procedures and include proper
information for applying Davis Bacon wage rates, if applicable.
*For a specific procurement, you must exclude from bidding or proposal submission any vendors who
have been involved in development of the procurement. For example, you must not accept bids or
proposals from vendors who have developed or drafted specifications, requirements, statements of
work, and/or requests for proposals for the procurement.
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3. Sealed Bid Purchase Process
The following Sealed Bid Purchase process will be followed any time Federal grant funds are used by City
departments to purchase goods or services that exceed $250,000.
1. The department must establish the need for the purchase, establish clear and accurate
specifications without unduly restricting competition, and identify sources.
2. The department shall have a full understanding of the applicable federal regulations before
proceeding with a Sealed Bid Purchase.
3. The department must conduct the competitive bidding process in accordance with State law
(without using the Small Works Roster process) and City policies.
4. The department will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an excluded Vendor. A copy of such documentation shall be
forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by the
Finance Department.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
*All construction projects with a cost over $2,000.00 must follow procedures and include proper
information for applying Davis Bacon wage rates, if applicable.
*For a specific procurement, you must exclude from bidding or proposal submission any vendors who
have been involved in development of the procurement. For example, you must not accept bids or
proposals from vendors who have developed or drafted specifications, requirements, statements of
work, and/or requests for proposals for the procurement.
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4. Competitive Proposal Purchase Process – Non-A/E Services
The Competitive Proposal process may be followed any time Federal grant funds are used by City
departments to purchase goods or services when the conditions are not appropriate for the use of
sealed bids. The Competitive Proposal process is normally conducted with more than one source
submitting an offer and either a fixed price or cost-reimbursement type contract is awarded.
This process is not applicable to the selection of Architectural/Engineering professional services as State
law requires that those services are selected using a Qualifications-Based Selection process. (See
Competitive Purchase Process – A/E Services.)
1. Establish need for purchase, establish clear and accurate specifications without unduly
restricting competition, and identify sources.
2. The department shall have a full understanding of the applicable federal regulations before
proceeding with a Competitive Proposal.
3. All Competitive Proposals will be conducted under the following guidelines:
a. Prepare Request for Proposal (RFP). Include all requirements in order for proposers to
understand what the City needs and how the City will evaluate responses.
b. Publish legal notice in major daily newspapers and/or other publication (Marysville
Globe, Daily Journal of Commerce, etc.) to notify firms of upcoming solicitation.
c. Post solicitation document on City website (optional).
d. Establish scoring criteria and prepare score sheets.
e. Develop a rating team of at least three individuals.
f. Evaluate proposals strictly against criteria set forth in the RFP. Tabulate scores and
determine ranking of proposers.
g. Schedule and conduct oral interview of top three finalists if project cost is estimated to
be greater than $250,000. (Oral Interviews on projects estimated to cost less than the
$250,000 threshold is optional based on complexity of the project or as determined by
the Public Works Director or City Engineer). If conducting interviews, establish interview
criteria and prepare score sheets. Evaluate interviews.
h. Establish interview scoring criteria and prepare score sheets (if conducting Oral
Interview).
i. Conduct Interview (if required).
j. Evaluate interviews. Tabulate scores and determine interview ranking of proposers (if
required).
k. Determine final scoring and select most qualified firms.
l. Notify successful and unsuccessful firms.
m. Negotiate contract with most qualified firm.
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n. Conduct debriefing conferences with unsuccessful proposals, if requested.
o. Document process for file, including selection criteria: all responses to RFP and Oral
Interview (optional); basis for award decision; and copy of contract.
4. The department will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an “Excluded Vendor.” A copy of such documentation shall
be forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by
the Finance Department.
5. The department will develop a documentation folder for all Competitive Proposals for use by
the Finance Department to meet performance reporting requirements and audit needs. The
contract will be loaded into MIRS or Laserfiche by the City Clerk.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
* For a specific procurement, you must exclude from bidding or proposal submission any vendors who
have been involved in development of the procurement. For example, you must not accept bids or
proposals from vendors who have developed or drafted specifications, requirements, statements of
work, and/or requests for proposals for the procurement
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5. Competitive Proposal Purchase Process – A/E Services
The Competitive Proposal process will be followed any time Federal grant funds are used by City
departments to obtain Architect/Engineering (A/E) services.
The process will use procedures for qualifications-based procurement of A/E professional services
whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject
to negotiation of fair and reasonable compensation.
The method, where price is not used as a selection factor, can only be used in procurement of A/E
professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
1. Establish need for procurement of A/E professional services, establish clear and accurate
specifications without unduly restricting competition, and identify sources.
2. The department shall have a full understanding of their applicable Federal regulations before
proceeding with a Competitive Proposal.
3. All Competitive Proposals for A/E professional services will be conducted in accordance with
State law and City policies as those requirements are more strict than the Federal regulations.
4. The department will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an “Excluded Vendor.” A copy of such documentation shall
be forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by
the Finance Department.
5. The department will develop a documentation folder for all Competitive Proposals for use by
the Finance Department to meet performance reporting requirements and audit needs. The
contract will be loaded into MIRS or Laserfiche by the City Clerk.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
*For a specific procurement, you must exclude from bidding or proposal submission any vendors who
have been involved in development of the procurement. For example, you must not accept bids or
proposals from vendors who have developed or drafted specifications, requirements, statements of
work, and/or requests for proposals for the procurement.
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6. Noncompetitive Proposal Process (Sole Source)
The Noncompetitive Proposal process will be followed any time Federal grant funds are used by City
departments to purchase goods or services through solicitation of a proposal from only one source.
1. Departments shall establish need for purchase, specifications, and identify sources.
2. The department shall have a full understanding of the applicable Federal regulations before
proceeding with the Noncompetitive Proposal.
3. The department head must deem the use of this option the proper way to proceed based on at
least one of the four below qualifying circumstances.
a. The item is exclusive to a single source and is available only from a single source.
b. The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation.
c. The Federal awarding agency or pass-through entity expressly authorizes
Noncompetitive Proposals in response to a written request from the City.
d. After solicitation of a number of sources, competition is determined inadequate.
4. All Noncompetitive Proposals by City departments using Federal grant funds must comply with
the City’s purchasing procedures (Resolution No. 2469 as may be amended or replaced).
5. A City of Marysville Sole Source Justification form must be completed once the determination is
made that a Noncompetitive Proposal is the method of procurement. All sections of the
document must have a response listed and clearly define why this is a sole source.
6. The department will print documentation from the System for Award Management (SAM.gov)
site to show that the vendor is not an “Excluded Vendor.” A copy of such documentation shall
be forwarded to the Clerk with the contract routing sheet to be kept in the contract file held by
the Finance Department.
7. The department will develop a documentation folder for all Competitive Proposals for use by
the Finance Department to meet performance reporting requirements and audit needs.
*At no time will the policy listed herein supersede the Federal regulations applicable to the grant. The
City department receiving funds is responsible for reading and understanding the requirements of the
grant and ensuring compliance for all purchases.
*Do not test equipment for a period of time and then determine that a sole source designation is
required due to your testing. Testing equipment may be done following a competitive procurement
process. This allows for fair and open competition.
*For a specific procurement, you must exclude from bidding or proposal submission any vendors who
have been involved in development of the procurement. For example, you must not accept bids or
proposals from vendors who have developed or drafted specifications, requirements, statements of
work, and/or requests for proposals for the procurement.
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*Costs or prices based on estimated costs for contracts under the Federal award are allowable only to
the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the
non-Federal entity under Subpart E—Cost Principles of 2 CFR § 200. The City may reference its own cost
principles that comply with the Federal cost principles.
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Single Audit Act
The city, as a recipient of Federal funds, shall adhere to the Federal regulations outlined in 2 CFR §
200.501 as well as all applicable Federal and State statutes and regulations.
Project/Grant Closure
A project agreement end date will be established in accordance with 2 CFR § 200. Any costs incurred
after the project agreement end date are not eligible for Federal reimbursement.
Code of Conduct
City staff involved in the procurement of goods and services with Federal grant funds shall have a full
understanding of the Federal awarding agency’s conflict of interest policies applicable to the award.
No employee, officer, or agent may participate in the selection, award, or administration of a contract
supported by a federal award if he or she has a real or apparent conflict of interest. Potential conflict of
interest includes employees’ family, partner, and other employers.
City staff involved in the procurement of goods and services with Federal grant funds must disclose in
writing any potential conflict of interest to the Federal awarding agency or pass-through entity in
accordance with applicable Federal awarding agency policy.
City staff involved in the procurement of goods and services with Federal grant funds must comply with
State law and the City’s Code of Ethics, codified in chapter 2.80 of the Marysville Municipal Code.
violation of these standards may cause penalties, sanctions or other disciplinary actions to be taken
against the City of Marysville’s elected officials, employees or agents, or the contractors, potential
contractors, subcontractors or their agents.
City staff involved in the procurement of goods and services with Federal grant funds must take
reasonable measures to safeguard protected, personally identifiable information the Federal awarding
agency or pass-through entity designates as sensitive or the non-Federal entity considers sensitive
consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of
confidentiality.
City staff involved in the procurement of goods and services with Federal grant funds may not accept
gratuities, favors, or anything of monetary value from contractors or subcontractors.
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16
Awareness of Grant
Project Manager (PM) reviews grant with
Department Director
Grant Pursued
"Contract Routing Sheet" and grant application forwarded to:
1. Finance Grant Coordinator
2. Department Head
3. Finance Director
4. Mayor
5. Finance Grant Cordinator
6. Project Manager
Grant application approved by City Staff
Grant application submitted to granting agency by the PM
Grant Not
Awarded -PM
notifies the
FGC
Grant Awarded
"Grant Award Routing Slip", grant application, grant award letter, and grant agreement forwarded to:
1. Finance Grant Coordinator
2. City Attorney
3. Department Head
4. Finance Director
5. Mayor
6. Finance Grant Coordinator
Project Manager is responsible for management of activities as required by the grant contract, and
compliance with grant requirements. Project Manager needs to clarify with Finance Grant Coordinator
who will be responsible for billing. Finance Grant Coordinator is responsible for all Accounts Receivable
entries and grant reporting.
Grant application not approved
Grant Not
Pursued