NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
I. STATEMENT:
It is
the policy of the City that the purchase of all goods and services needed by departments, be conducted by the Purchasing Division , with certain exceptions. This procedure has been developed to comply with Chapter 2 of the Burbank Municipal Code (B.M.C.). This policy does not apply to Professional Service Agreements (See Use of Professional Service Agreements Administrative Procedure [AP] No. VI-13).
It is
prohibited for any City officer or employee to purchase or contract for goods or services for the City other than through the Purchasing Division, with the exception of petty cash purchases. Procurement card purchases and Department Purchase Orders (DPO’s) shall be purchased by the departments under the oversight of the Purchasing Division. All purchases or contracts shall be pursuant to the Burbank Municipal Code for Purchasing and adopted administrative procedures.
II
POLICIES THAT PERTAIN TO ALL PURCHASES
A. Dep
artments are encouraged to have up -front involvement/coordination with the Purchasing Division regarding department needs, to achieve optimal Purchasing support. The Purchasing Division will evaluate repeated or similar purchases throughout the year to determine if requirements can be combined or if annual agreements can be issued.
B. It
is every department’s responsibility to comply with the City’s document retention policy, as it pertains to purchases.
C. Th
e City encourages all employees to recycle and purchase products manufactured from recycled materials. (See Green Purchasing AP No. 1-18 Rev 1).
D. The
department should notify the Purchasing Division, if it intends to use grant funding, and should read the grant documents to understand their requirements and be prepared to discuss them with the Purchasing Division, to insure compliance with them.
E. All d
epartments shall assist the Purchasing Division by following these guidelines for all purchases.
III. PROCEDURE: FOR CITY PURCHASES
A. Types of Purchases
1. Pet
ty Cash (See AP VI-6)
2. Check Processing Request (CPR)
ATTACHMENT 9
NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
CP
Rs should be limited to the following uses:
a. Re
funds
b. Petty Cash (from the Treasurer’s Office and BWP)
c. Garnishments
d. Memberships and registrations due to a supplier
e. Training advance due to a supplier
f. Travel advances to an employee
g. Claim Settlement – Liability and Worker ’s Compensation not processed through IVOS
h. Bond Payments
i. RSVP (volunteers) expenditure reimbursement (Parks & Recreation)
j. City postage requirements
k. Arbitration and mediators
l. Expert witnesses / Court Reporters
m. Health premium reimbursements – Retiree medical reimbursement per union contract
n. Payroll and benefits payments
o. Sponsorships
p. State and Federal regulatory fees and permits
q. City related insurance payments
r. Fuel credit card charges
s. Housing – Moving fee and rent
t. Downtown Burbank Partnership / PBID / Burbank Hospitality Association Board
u. Employee cell phone reimbursement
v. After hours education reimbursement
w. Award payments for City sponsored contests
x. Service Awards
y. Beneficiary payments
z. Payments to election workers
aa. SLURP rebate
bb. Employee certification reimbursement
cc. Bail reimbursement
dd. Subpoena Compliance
3. Pr
ocurement Card (See AP VI-11)
4. Dep
artment Purchase Order (DPO)
ATTACHMENT 9
NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
The DPO can be used for any purchase valued at $ 10,000 and under (including sales tax) per vendor, per Department/Division (as defined in the Organization Chart in the Annual Budget), per fiscal year.
The
process is as follows:
a. Before beginning the DPO process, the initiating department must verify that the Vendor will accept a DPO.
b. If th
e initiating department is using a vendor that is not in the Oracle system, they must request and obtain from the Vendor a completed Payee Registration Form. If the vendor is in the Oracle system, the initiating department must verify with the Purchasing Division that a current Payee Registration form is on file. If a form is not on file, the department must obtain one. All Payee Registration forms must be submitted to the Purchasing Division to be set up in the Oracle system.
c. If
work is being performed on City property, t he initiating department must obtain
1. A Cer
tificate of Insurance with the required General
Liability insurance in the amount of not less th an
$1,000,000, The insurance company must be authorized in the State of California and have a rating of A - or better to be acceptable.
2. Aut
o Insurance in the amount of not less than
$100,000/$300,000.
3. Wor
kers’ Compensation insurance from the Vendor . An
endorsement is not required. If a vendor is a sole proprietor, the vendor must furnish a letter stating that he is a sole proprietor and is not required to carry Workers’
Compensation Insurance.
4. If
work is being performed on City property, t he initiating department must obtain the vendor’s Illness, Injury and Prevention Program (IIPP) Certification with CAL OSHA,
if the DPO is for services to be performed on City property.
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NO. VI-9 Rev 3
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
d. The initiating department then creates a DPO in the Oracle system. e. T
he department must enter the correct account number, a
description of the items needed, the dollar value (including sales tax) and state Vendor name.
f. Th
e DPO then goes through the approval process. It is approved in Oracle by the ordering department and then goes to the Purchasing Division for review. It is then routed to the Budget Division. f, T
he department must print out and send a copy of the DPO to the vendor, finalizing the purchase.
Dep
artment Purchase Orders cannot be used for:
• Professional Service Agreements
• Projects that require the use of scaffolding
• Trenching
• Shoring or forklifts on City property
• Temporary labor agreements
• When there is a separate legal contract or document that must be signed by a City representative.
5. Pu
rchase Orders Issued by the Purchasing Division:
Pu
rchases in excess of $10,000.00 must be issued by the Purchasing Division. The following information and documentation is required:
a. Ve
ndor contact name, company address, phone number, fax
number and email address
b. Quot
es and solicitation requests
c. Invoi
ces
d. Ve
ndor’s terms and conditions
e. Sp
ecifications
f. Gr
ant documents
g. Bonds
(for construction work in excess of $25,000)
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NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
h. Payee Registration form: All Vendors must complete this form and submit it to the Purchasing Division. A new form must be submitted every five years, or if there is a significant change (i.e. new company name, address change).
i. Inj
ury, Illness and Prevention Program (IIPP) certification: If a Vendor/Contractor is performing work on City property, they must complete the City’s Vendor/Contractor’s Certification form certifying that they have an IIPP in place which meets Cal OSHA requirements.
j. Ve
ndor’s Department of Industrial Relations (DIR) registration number for work performed per Labor Code Section 1773.3 (l), which states “This section shall apply only if the public works contract is for a project of greater than twenty -five thousand dollars ($25,000) when the project is for construction, alteration, demolition, installation, or repair work or if the public works contract is for a project of greater than fifteen thousand dollars ($15,000) when the project is for maintenance work”. When this section is applicable, the Contractor must register with the DIR directly. Upon award, the Purchasing Division will send the awardee a PWC 100 form requesting labor classifications for the work to be performed. When that form is returned from the Contractor, the Purchasing Division will register the project with the DIR.
k. Pr
oof of required vendor insurance: This is required when the Vendor/Contractor is performing work on City owned property.
The basic insurance requirements are:
1. Ge
neral Liability and Property Damage Insurance :
Not less than $1,000,000 combined single limit for
injuries, including accidental death and property damage on account of any one occurrence. In addition to a
Certificate of Insurance, a separate Additional Insured Endorsement to the insurance policy is required.
2. Aut
omobile Insurance: Not less than
$100,000/$300,000 combined single limit for bodily
injury and property damage.
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NO. VI-9 Rev 3
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
3. Workers’ Compensation Insurance: As required by the California Labor Code. If a Contractor is a sole
proprietor, Contractor must furnish a letter stating that he is a sole proprietor and is not required to carry Workers’ Compensation Insurance.
Th
ere are two types of purchase orders issued by the Purchasing Division:
1. Sta
ndard Purchase Order. It encumbers funds and requires a requisition to be issued. It is the best option when the quantity and the dollar amount of either the goods or services are known.
The specific procedures for a Standard Purchase Order are as follows:
a. The initiating department creates a requisition in the Oracle system. The department must enter the correct account number, a description of the items or service needed, the dollar value, and the name of the vendor if known.
b. The
requisition must be approved in Oracle by the initiating department.
It then goes to the Budget Division of the Financial Services Department for verification of funds. It then is routed to the Purchasing Division, which will follow the appropriate competitive bid process, obtain all documentation and issue a purchase.
c. A c
hange to the purchase order will require a new requisition to be generated in most instances (i.e. time extensions do not require a requisition) and a formal change order to be issued by the Purchasing Division.
2. Bl
anket Purchase Order. Funds are not encumbered until releases are made against the purchase order and no requisition is required. This is the best option when the quantity of the goods or hours required for the services are not known.
The procedures for a Blanket Purchase Order are as follows:
a. Th
e initiating department shall notify the Purchasing Division in writing for a request to issue a blanket purchase order, specifying the goods or services needed.
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NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
b. The Purchasing Division will follow the appropriate competitive bid process, obtain all documentation and issue a purchase. c. A c
hange to the purchase order will require a written communication from the initiating department, specifying the changes that are desired.
B. Dollar Thresholds for City Purchases
T
he following thresholds apply to each purchase
1. $1 - $10,000 N
on-Competitive Bid Process:
Pu
rchases cannot exceed $5,000 per vendor, per Division (as stated in the organization charts contained in the City’s Budget Book), per fiscal year.
2. $10,001
- $50,000 Informal Competitive Bid . See Section II I.C.1 for Informal Competitive Bid Process-Soliciting Bids and Section III.C.4 for Request for Proposals (RFP)
3 $50,001
- $99,999 –Formal Open Competitive Bid. See Section III.C.2 for Formal Open Competitive Bid Process Request for Quotation (RFQ) and Section III.C.4 for Request for Proposals (RFP). 4 $100,000 a
nd over –Formal Closed Competitive Bid . See Section
III.C.3 for Formal Closed Competitive Bid Process (RFQ) and Section III.C.4 Request for Proposals (RFP).
C. Competitive Bid and Proposal Process- Types of Solicitations If
a bidding process must be undertaken, a minimum of four weeks lead-time is required. If there are requirements for insurance, bonds, etc., the process may be longer. Documents which require a separate legal contract or agreement must be sent to the Purchasing Division for review and signature or further direction.
To request an exception to competitive bidding (per BMC 2-2- 113) the department must complete the City’s Request for Exception to Competitive Bidding form with the appropriate signatures. P urchases from $ 10,000 to $49,999 require the signature of a Department Director and the Purchasing Manager. Purchases over $ 50,000 require the signature of a Department Director, the Purchasing Manager and the City Manager. The Department ATTACHMENT 9
NO. VI-9 Rev 3
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
Directors of BWP and Public Works are authorized to sign up to $100,000 in lieu of the City Manager.
1. In
formal Competitive Bid Process- Soliciting Bids
A min
imum of three written competitive bids are solicited either by the Purchasing Division or by the departments, under the direction of the Purchasing Manager or designee. Bids may be opened by the Department or the Purchasing Manager. Award is based on price and is made to the lowest responsive and responsible bidder. a. Al
l requests and responses must be in writing and may be
transmitted via the City E -Procurement system (by the
Purchasing Division), U.S. Mail, Facsimile, e-mail, or hand delivered. If internet pricing is used for the purchase of goods, a screen shot should be taken which includes all pricing. b. Re
quests for Quotations (RFQ) should be comprehensive and include all pertinent information . (See the following Formal Open Competitive Bid Process-RFQ).
c. Whe
never possible, departments should utilize the RFQ
template posted on Ben.
d. If
the department solicits bids, it must provide all backup documentation to the Purchasing Division for the purchase to be made, including the solicitation that was used, the bids that were received, any product or performance specifications, drawings, or pictures that were used in the solicitation, and insurance documents, IIPP Certifications, and completed Payee Registration forms submitted by the bidders. A short written summary of the bid process that was undertaken would also be advisable.
If t
he P urchasing Division solicits bids, the initiating
department should provide a thorough description of the goods or services that are needed to the Purchasing Division and identify when the service or goods are required. The
department must provide any product or performance
specifications, drawings, and pictures.
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NO. VI-9 Rev 3
DATE 11/5/19
SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
2. Formal Open Competitive Bid Process - Request for Quotation (RFQ)
The
Purchasing Division drafts an RFQ and advertises it on the City’s E-Procurement system to 3 or more bidders. Bids are opened on the date due by the Purchasing Manager. Award is based on price and is made to the lowest responsive and responsible bidder, pursuant to BMC 2-2-114. This process is well suited to the purchase of goods or clearly defined services where price is the key determining factor. a. Th
e RFQ should provide the following (depending on the type of purchase):
1. A cl
ear statement of the goods or service required.
Include brands, part numbers, product description, etc.
2. The
due date and time for bid submittals.
3. Ho
w bidders must respond (facsimile, email, mail, etc.)
4. An R
FQ solicitation number for reference purposes.
5. Sp
ecifications
6. Pl
ans or drawings
7. Th
e City’s Terms and Conditions
8. Pr
otest procedure
9. Ins
urance and IIPP requirements
10. A c
ompleted bid sheet, listing descriptions and
quantities, allowing the Bidder to only fill in pricing.
Bid Sheet should also have Bidder’s signature,
Company name and contact information.
11. The
amount of bid security that is required, if any, and
the form in which it is to be presented.
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
12. A clear statement of liquidated damages, determined to be necessary by the department and the Purchasing
Division.
b. The
RFQ should request the following (depending on the type of purchase):
1. Pr
icing
2. Del
ivery charges
3. Pa
yment terms
4. Del
ivery date or lead-time
5. Com
pleted Payee Registration Form
6. II
PP Certification
c. Ti
me requirements for advertisement and changes:
1. So
licitations must allow at least five (5) days for
advertisement of bids, prior to the bid opening, unless otherwise approved by the Purchasing Manager.
2. So
licitations must allow at least three (3) days for
changes, prior to the bid opening, unless otherwise
approved by the Purchasing Manager.
d. Whe
n the RFQ is being advertised:
1. All c
ommunications with bidde rs and changes to the
RFQ must be via the E-Procurement system.
2. A p
re-bid conference with vendors may be necessary
depending on the type of procurement.
e. Co
ntract award
1. Th
e Purch asing Division will tabulate the bids and
complete a Check and Recommend form, which is sent
to the initiating Department.
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
2. The initiating Department reviews the Check and
Recommend package to determine if the bidders meet
specifications and technical requirements. The package is returned to the Purchasing Division with the
Department recommendation.
3. Af
ter the evaluation is complete, the lowest responsible
bidder will be identified by the Purchasing Division.
4. The
award may be split between two or more bidders, if
it is in the City’s best interest for doing so.
5. A N
otice of Award will be sent to all responding
bidders, in the same manner as bids were received,
notifying them of the award decision.
6. Th
e Purchasing Division will obtain all the required
documents, including insurance, the Injury, Illness and Prevention Program (IIPP) Certification, the Payee
Registration Form, etc. from the awardee.
7. Co
ntract may require Council approval, subject to BMC
Section 2-2-107.
8. Th
e Purchasing Division will issue the Purchase Order.
9. Te
rms and Conditions are not to be referenced on the
purchase order when contract terms exist.
3. Fo
rmal Closed Competitive Bid Process- (RFQ)
A C
losed Competitive Bid is a bid (including Public Construction) over one hundred thousand dollars ($100,000) that are required to be sealed and set for opening in the City Council Chambers or as otherwise noted in the solicitation for bids or requests for proposals.
Same process as the Formal Open Competitive Bid Process in II, C, 2 above, except bids are opened at a public bid opening in the City venue specified in the RFQ. All bids must be read aloud. Postponement or relocation of the bid opening may be accomplished by an announcement to that effect at the time and date set for the bid opening or by addendum issued to all vendors that have received the solicitation ATTACHMENT 9
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
or have been issued plans and specifications by the Purchasing Division.
4. R eq
uest for Proposals (RFP)
A R
equest for Proposal is a solicitation to receive proposals to obtain goods and services through a negotiated process as deemed necessary by the Purchasing Manager. The RFP may also be used to solicit proposals for Public Works Construction as Design Build Projects (see Section III C5 of this Administrative Procedure).
Mu
ltiple proposals must be solicited. Award is made to the company with the highest overall score, based on “best value”, using pre-selected criteria. This process is advantageous when there are significant non- price factors that must be taken into consideration. It is well suited to contracts with service components.
a. RF
P for Goods and Services
Th
e initiating department must consult with the Purchasing Division to determine if the RFP process is suitable for the procurement being considered. If so, the department should select a Project Manager (PM) and draft the RFP document and submit it to Purchasing for review and to finalize documents .
The Purchasing Division will post the RFP on the E -
Procurement system. All responses must be in writing, submitted in the manner specified in the RFP solicitation and on the proposal forms provided by the City.
1. Th
e RFP must contain the following sections:
a. Pr
oject Overview-Including background
information
b. Sc
ope of Work- Includes overall objective, tasks
to be performed, project specifications and
deliverables
c. Pr
oposal Format and Submittal Instructions
d. Evaluation Criteria
e. Te
rms and Conditions
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
f. Protest Procedure (Ref: BMC 2-2-113)
g. Sc
hedule of Events
h. Sam
ple Agreement
2 W
hen the RFP is being advertised:
a. It mu
st be advertised on the City’s E -
Procurement system.
b. An
y change to the RFP or any responses to
questions related to the RFP must be issued in
writing via the E-Procurement system.
c. A p
re-proposal conference with vendors may be
necessary depending on the type of
procurement.
3. Ope
ning of proposals
a. Pr
oposals shall be opened on the proposal due
date and at the time specified on the RFP
advertisement.
b. Al
l proposals over $100,000 must be opened in
the City venue specified in the RFP. Only the
names of the proposers shall be announced. The
content of the proposals shall not be announced.
4. Th
e selection process
a. The
selection committee should consist of three
to five persons, including the Project Manager
(PM). A Purchasing representative may
facilitate the process but should not participate
as a committee member.
b. Th
e committee should meet in closed session
and rate the proposals based on the selection
criteria established. The committee must retain
the rating list with the contract documents.
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
c. Th
e committee may select to interview the top
contender(s) to assist in making their evaluation.
Interviews with multiple contenders must be
conducted in a consistent manner to avoid
protests.
d. Th
e committee may negotiate with the Proposer
providing the best overall value to the City or
opt to request a “Best and Final Offer” from the
top contender(s). This should be issued via the
E-Procurement system with all contract
documents and changes.
e. Th
e selection committee will select the proposer
with the highest overall s core, based upon the
established selection criteria, to receive the
award.
5. Co
ntract award
a. Cont
ract documents and the scoring list must be
submitted to the Purchasing Division for review.
b. Th
e Purchasing Division will obtain required
forms and insuranc e, including the Injury,
Illness and Prevention Program (IIPP)
Certification, the Payee Registration Form, etc.
c. Cont
ract may require Council approval
(pursuant to BMC Section 2-2-107)
d. Th
e Purchasing Division will issue the Purchase
Order.
b. RFP f
or Public Works Construction Projects Exceeding
$200,000.00- Design Build
1. Sol
icitation of Proposals and Addendum
a. Pr
oposals shall be solicited as required by the
City Charter (Section No. 1205).
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SUBJECT: PURCHASING PROCEDURE
ADMINISTRATIVE PROCEDURE
b. Addendum to proposal documents must be
mailed, faxed, posted on the City E-Procurement
site, or sent by electronic transmission to all
bidders at least five (5) days prior to receipt of
proposals, unless approved by the Purchasing
Manager.
2. Cont
ents of Solicitation
a. Ge
neral description of the required construction
work.
b. Sha
ll contain two proposal sections that must be
completed, the Technical Proposal and the Cost
Proposal.
c. St
ate where proposal forms and specifications
may be obtained.
d. Sp
ecify the time and place for receipt of
proposals.
3. Fo
rm of Proposals
a. Al
l proposals shall be in writing as required in the
solicitation and be on the proposal forms
provided by the City.
4. Re
ceipt of Proposals
a. At
the time, date, and location specified in the
solicitation, the receipt of proposals shall be
publicly announced by the Purchasing Manager.
The contents of the proposals shall not be
announced.
b. Pos
tponement or relocation of the public opening
may be accomplished by an announcement
specifying the change, at the time and date set for
the receipt of proposals or by addendum mailed,
faxed, posted on the City’s E -Procurement
system or sent by electronic transmission prior to
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ADMINISTRATIVE PROCEDURE
the date set for the receipt of proposals, to all
contractors who downloaded a copy of the plans
and specifications from the City.
c. If
no proposals are received, the Purchasing
Manager, with the approval of the City Manager,
may proceed to have the public construction done
without a further competitive process.
5. Eva
luation of Proposals
a. The
Purchasing Division will forward the
Technical Proposal to the originating Department
for evaluation, scoring, and ranking.
b. Af
ter the Technical Proposals have been
evaluated, scored and ranked, the Cost Proposals
will be sent to the originating Department to
complete the evaluation, scoring, and ranking
process.
6. Ne
gotiation
a. Th
e originating Department may negotiate with
the Proposer with the highest ranking, that
offered the best overall value to the City.
b. If
the originating Department is unable to reach
agreement with the Proposer that offered the
highest ranking, they may be gin negotiations
with the next highest ranked Proposer.
7. Awar
d
a. Th
e originating Department shall return the
proposals to the Purchasing Division with their
recommendation for the City Manager.
b. The
Purchasing Division will revi ew all
documents and forward them to the City
Manager for review, prior to going to Council.
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c. The originating Department will agendize the
contract award for City Council approval.
d. If
the Council approves the award to the
recommended Contractor, the Purchasing
Division may proceed to issue a Letter of Intent
to that Contractor.
e. Af
ter the Purchasing Division has obtained all
bonds and insurance, the Division may proceed
to issue the award.
IV. PROCEDURE: EMERGENCY PURCHASES
Pe
r BMC 112-3, When an emergency exists , as determined by the City Manager or designee, or the Burbank Water and Power General Manager , or the Public Works Director, or the Fire Chief, or the Police Chief, and it is in the public interest to dispense with competitive bidding because of urgent necessity for the preservation of life, health, or property, or to restore services to the public.
A. Th
e types of purchases that can be used in an emergency:
1. Pet
ty Cash (See AP VI-6)
2. Dep
artment Purchase Order (DPO)
(S
ee II.A.3 for details same as non-emergency procedure)
3. Em
ergency Verbal Purchase Order Number(s) over $ 10,000
(with purchase order to be processed later)
If
an emergency occurs after hours, when the Purchasing
Division is not available, the department may authorize work to be performed and/or purchase needed materials. Department must notify the Purchasing Division on the next City business day or as soon as practical based on the extent of the
emergency. The department must notify the Purchasing
Division and submit all required documentation to the
Purchasing Division to issue a confirming Purchase Order.
4. Pr
ocurement Cards (See AP VI-11)
ATTACHMENT 9