AGENDA DATE: 8/5/2015
TITLE:
Title
Amendments to the Albemarle County Purchasing Manual
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution to amend the County’s Purchasing Manual by deleting the requirement for written justification of competitive negotiation, amending small purchase procedures, amending competitive negotiation procedures, and setting the period for the debarment of vendors.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Letteri, Davis, Herrick, Burrell
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: Albemarle County’s Purchasing Manual, as adopted by the Board of Supervisors, governs and guides local government and school purchases in accordance with the Virginia Public Procurement Act (VPPA).
The 2015 General Assembly enacted several changes to the VPPA that affect the purchase process of local governments and schools. These changes include:
1. Localities are no longer required to make written findings that competitive sealed bidding is disadvantageous before using competitive negotiation.
2. Non-transportation construction may now come within a public body’s small purchase procedures.
3. Unauthorized change orders are voidable, and the unauthorized approval of a change order cannot be the basis of a contractual claim.
4. Requests for Proposals are required to specify if and how numerical scoring will be used to evaluate responsive proposals.
Most of the proposed changes to the Purchasing Manual are in response to these new Virginia Code provisions.
However, unrelated to recent changes in state law, staff is also recommending two additional revisions to the procedures for debarring a vendor:
(a) requiring advance notice to the County Executive of any proposed debarment, and
(b) setting the debarment period for a vendor from ninety (90) days to three (3) years at the discretion of the purchasing agent, subject to lifting or suspension in the best interest of the County.
STRATEGIC PLAN: Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds.
DISCUSSION: As a result of the 2015 amendments to the Virginia Public Procurement Act, staff is recommending the following changes to Chapters 4, 11, 13, 22, and 26:
• Competitive Negotiation - Delete the requirement for written justification for competitive negotiation from Chapters 4 and 11, as public bodies are no longer required to make advance written determinations prior to procuring goods, services, or insurance by competitive negotiation.
• Numerical Evaluation of RFP’s - Add criteria for the use of a numerical scoring system in a Request for Proposal in Chapter 13.
• Small Purchase Procedure - Add “non- transportation-related construction” to the list of purchases allowed under the County’s small purchases procedures in Chapter 22.
• Unauthorized Change Orders - Add a provision in Chapter 26 that change orders that do not comply with Section 26-4 are voidable by the Board of Supervisors or the County Executive, and any unauthorized approval of a change order cannot be the basis of a legal claim.
In addition, staff recommends the following changes to Chapter 23:
(a) requiring advance notice to the County Executive of any proposed vendor debarment, and
(b) setting the debarment period for a vendor from ninety (90) days to three (3) years at the discretion of the purchasing agent, subject to lifting or suspension in the best interest of the County.
BUDGET IMPACT: No budget impact is expected other than increased efficiencies.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment A) to amend and re-adopt the Albemarle County Purchasing Manual by amending:
• Chapter 4 (Determining Which Procedure Applies),
• Chapter 11 (Competitive Negotiation Procedure),
• Chapter 13 (Competitive Negotiation: Evaluation Criteria),
• Chapter 22 (Small Purchases),
• Chapter 23 (Qualification of a Vendor), and
• Chapter 26 (The Contract).
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Proposed Purchasing Manual Chapter 4
Attachment C - Proposed Purchasing Manual Chapter 11
Attachment D - Proposed Purchasing Manual Chapter 13
Attachment E - Proposed Purchasing Manual Chapter 22
Attachment F - Proposed Purchasing Manual Chapter 23
Attachment G - Proposed Purchasing Manual Chapter 26