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Home My WebLink AboutMINUTES - 12031996 - C93 ,t TO: BOARD OF SUPERVISORS ?' ••; contra FROM: John Cullen, Directar� / J/ s Costa Social Service Departs t County DATE: November 1, 1996 SUBJECT: ADOPT and AUTHORIZE the implementation of SDSS Procurement regulations 237650. 13 as amended by the State 6/9/96. SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT amended: State Department of Social Services Regulations, Title 23-6.50. 13 as part of County Procurement Polices, and AUTHORIZE immediate implementation by the Social Service Department. FISCAL: No County cost. BACKGROUND: The amendment of State Department of Social Services regulation 23-650. 13 complies with Federal Regulations changes in Title 45 Code of Federal Regulation Section 92 .36 (d) as amended at 60 Federal Register 19645 (April 19, 1995) and is authorized under Section 10553 and 10554, of the California Welfare and Institutions Code. This amendment, effective June 9 1996, changes the aggregate annual amount of a contract subject to formal advertising, such as Request For Proposal (RFP) processes, from $10, 000 to $100,000. It does not preclude use of an RFP, not public notice and still requires qualification and price solicitation. The savings to potential bidders is significant because the cost of preparing proposals often exceeds the value of resulting contracts. The savings to County staff is significant because of reduced processing steps. The greater efficiency of shorter processing time lines means, more potential sources of contracted service with quicker service delivery to clients. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S); ACTION OF BOARD ON December 3, 1996 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ----------- rr ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Contact: D. Cruze 3-1582, J. Takahashi 3-1653 ATTESTED December 3 1996 SOCIAL SERVICE (CONTRACTS UNIT) ATCHELOR,CLERK OF THE BOARD OF COUNTY ADMINISTRATOR RVISORS AND COUNTY A TRAT AUDITOR-CONTROLLER CONTRACTOR M382 (10/88) Amend Section 23-650.13 to read: C Cr3 23-650 PROCUREMENT BY NEGOTIATION 23-650 This section contains policies and procedures. which shall be observed by counties in procurements by negotiation, as distinguished from formal advertising, and the limitations upon its use. _ .1 Contracts may be negotiated without formal advertising when one or more of the following exists: (Continued) .13 If the aggregate annual amount involved does not exceed $101006 S100, 000. However, qualifications and price must still be solicited through a manner consistent with the county's own procurement policies. Selection shall be made using the criteria set forth in Section 23-650.2. (Continued) Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Title 45 Code of Federal Regulations Section 92.36 (d) as amended at 60 Federal Register 19645 (April 19, 1995) . "PRIOR TO AMENDMENT" C . Q 3 MANAGEMENT AND OFFICE PROCEDURES Regulations PURCHASE OF SERVICE ' 23-650 (Cont.) 23-650 PROCUREKENT BY NEGOTIATION 23-650 This section contains policies and procedures which shall be observed by counties in procurements by negotiation, as distinguished from formal advertising, and the limitations upon its use. .1 Contracts may be negotiated without formal advertising when one or more of the following exists: .11 When a public emergency exists and the urgency is such that time is not available for formal advertising. This should be applied only 'in emergencies caused by circumstances outside of the county's control and not for delays caused by county inaction. .12 If rates established by the state are to be used for payments and SDSS has notified the counties that formal advertising is not necessary for a particular program. .13 If the aggregate annual amount involved does not exceed $10,000. However, qualifications and price must still be solicited through a manner consistent with the county's own procurement policies. Selection shall be made using the criteria set forth in Section 23-650.2. .14 For any service to be rendered by. any federal, state, or local government agency, public university, public college or other public educational institution. SDSS may require formal advertising when contracts with government agencies or public educational, institutions are considered excessive in price when compared to similar services provided through competition, or where competition between public and private agencies is necessary to accomplish program purposes. CALIFORNIA-SDSS-MANUAL-0 MANUAL LETTER NO. OPS-89-01 Issued 4/1/89 Issue 267 MANAGEMENT AND OFFICE PROCEDURES 23-650 (Cont.) PURCHASE OF SERVICE Regulations 23-650 PROCURERENT BY NEGOTIATION (Continued) 23-650 .15 For services for which it is impracticable to secure competition. This requirement may be satisfied by one of the following: .151 When services can be obtained only from a single source. The determination of single source shall be established through a formal, publicly advertised, pre-bid 'survey to determine that only one source exists or only one source is willing and available to fulfill the contract. .152 When bids or proposals have been solicited and competition is determined to be inadequate. .16 For emergency shelter care, contracts providing six (6) or fewer beds. .17 If the county develops other innovative methods of selection. Such methods shall require prior approval by SDSS and, when appropriate, by the federal grantor agency. When prior federal approval is required SDSS will request such approval. The county shall request approval of an innovative procurement method in writing, including a description of the method, the benefit to the program of using, the method, and level of competition in their area to such contracts. .171 The state will review the request for cost impact, overall benefit to the program to be served, and compliance with state -and federal goal, as reflected in these regulations, of encouraging maximum competition. If the state approves of the innovative pro'curementj it will forward the material, when required, to the appropriate federal grantor agency, with a recommendation for approval. If SDSS denies the request, it will respond to the county giving reasons for the .denial, and recommendations, if any, for gaining approval. The state shall also notify the county of federal approval or denial of the innovative procurement method. SDSS will notify the county within 15 calendar days of receipt if the required information is complete or deficient, and within 45 days, upon receipt of complete information for In-Home. Supportive Services procurements and 30 days for other procurements, of its decision or that it is forwarding a recommendation for approval to the federal government. SDSS will notify the county within 10 days upon receipt of the federal decision. F� CALIFORNIA-SDSS-MANUAL-O MANUAL LETTER NO. OPS-89-01 Issued 4/1/89 Issue 268 MANAGEMENT AND OFFICE PROCEDURES Regulations . PURCRASE OF SERVICE 23-650 23-650 PROCUREMU�XT BY NEGOTIATION (Continued) 23-650 .172 The state has not had any requests for using innovative procurement methods during the past two years. Records from any previous requests are no longer available. .18 Other situations, where unique circumstances necessitate procurement by negotiation, shall require prior SDSS approval and, when necessary, federal agency approval. .2 Whenever services are to be procured by negotiation, proposals shall be solicited from as many qualified sources as is reasonably practicable. During the course of negotiations, appropriate factors, including the following, shall be considered: .21 Comparison of prices quoted with prices for the same or similar services from Other sources. .22 Comparison of the business reputation, capacity, and responsibility of the respective persons or firms who submit offers. .23 Consideration of the quality of the services offered, including the same or similar services previously furnished, with due regard of conformance with specification requirements. .24. Consideration of the existing and potential workload of the persons or firms submitting offers. CALIFORNIA-SDSS-MANUAL-0 MANUAL LETTER NO. OPS-89-01 Issued 4/1/89 Issue 269 JUN -51996 STATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY 3 PETE%MLSON,Govemor DEPARTMENT OF SOCIAL SERVICES 744 P Street, Sacramento, CA 95814 May 28, 1996 TO: ALL COUNTY WELFARE DIRECTORS SUBJECT: NOTIFICATION OF APPROVED REGULATIONS TITLE: PURCHASE OF SERVICES (ORD #1095-39) A copy of the proposed regulations cited above was sent to you on April 9, 1996. This letter is to inform you that these regulations have been approved. The proposed regulations were filed with the Secretary of State on May 10, 1996 with an effective date of June 9, 1996. An advance copy of the endorsed filed regulations is attached. Manual letter pages incorporating the regulation changes will be issued. in approximately two months. if you need further clarification regarding these regulations, please contact the appropriate program policy bureau. Please contact me at (916) 657-2586 or CALNET 437-2586, if you have any questions concerning the regulations process. A R. TULLI, Chief Office of Regulations Development Attachments NCIMME PUBLICATION/REGULATIONS SUBMISSION - _ - n.400('AFV.2-91), �I a � AGENCY FILE►aui M f�i" California Department of�QSoocMiaallp.Services 1095-39 93 NOTICE FILE NUMBER V` U ! L EMERGENCY NUMBER INoaOMos Sao,WAW, •t_ ts> Z-95-1121-01 For use by OtRce of Admirrisirati m Law(OAL)only - 96 APR -2 PM 4: 43 _ OF ANNIS Ea INr. �IAY t n W6 NOTICE RLG W mom A. PUBLICATION OF NOTICE (Complete forpublication in No . er Law ' i. TOPIC OF NOTICE Tnu(S) FIRST S 2. REOUESTED PUBLICATION DATE Purchase of Services 3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER 17 Notice re Proposed Rpoulatpry Action Other OAL'USE' AGTroN ON PROPOSED NOTICE NOTICE AEGiSTBt tt1tA tiJBLICATION DATE Appvwdaa� Appoliod ao• ONLY El' S�.ItW ::: ...: a.ModNHod a D,I B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1. SPECIFY CAUFORMA CODE OF REGULATIONS TITLES AND SECTIONS Indudi IF&?6 N tozles•relsted TITLE(S) ADOPT HPP AMEND SECTIONS V-650.13 AFFECTED REPEAL 2. TYPE OF RUNG ® Regular Rulemaking(Gov. ❑ Charges Nfithout Regulatory Effect a Emergency(Gov.Code. Code.§11346) Resubmittal (Cal.Code Regs.,title 1,§100) §.11346.1(b)) aCertificate of Compliance: The agency officer named below certifies that fts agency complied with the provisions of Government Code§§11346.4-11346.8 prior to,or within 120 days of,the effective dam of the regulations listed above. Print Only Other(specify) I DATE(S)OF AVAILABILITY OF MODtFW REGULATIONS ANDIOR MATERIAL ADDED TO THE RULEMAKNG FILE r-9 gads Rola.IIIc l f944&W 4A N/A 4. EFFECTIVE DATE OF REGULATORY CHANGES r3ov.Codon 1f3rQ21 Effective 30th day char ❑ Encabo as"w th ❑ Eltoet- Or„e with sae,w.nr of Shb ssaytan of S— K-tHFCK IF THESE REGULATIONS REQUIRE NOTICE TO.OR REVIEW.CONSULTATION.APPROVAL OR CONC LIRRENCE BY.ANOTHER AGENCY OR ENTRY 0 Department of Finance(Forth STD.399) F-1 Farr Political Practices Commission Stam Fire Marshal Other(Specify) 6.CONTACT PERSON TELEPHONE NUMBER Frank R. Vitulli, Chief, Office of Regulations Development 657-2586 . I certify that the attached copy of the regulation(s)Is a true and correct copy of the regu/ation(s)Idendfied on this form,that the Information specified on this form is true and correct,and that I am the head of the agency taking this action, ora designee of the head of the agency,and am authorized to make this certif cation. SIGNATURE AGENCY HEAD OR 0 DATE MAR 27 TYP NAME AND TITLE OF S Tow Eloise A Terson. Direcror Amend Section 23-650.13 to read: co 9 Y 23-650 PROCUREMENT BY NEGOTIATION 23-650 This section contains policies and procedures which shall be observed by counties in procurements by negotiation, as distinguished from formal advertising, and the limitations upon its use. _ .1 Contracts may be negotiated without formal advertising when one or more of the following exists: (Continued) .13 If the aggregate annual amount involved does not exceed $10/000 $100, 000. However, qualifications and price must still be solicited through a manner consistent with the county's own procurement policies. Selection shall be made using the criteria set forth in Section 23-650.2. (Continued) Authority Cited: Sections 10553 and 10554, welfare and Institutions Code. Reference: Title 45 Code of Federal Regulations Section 92.36(d) as amended at 60 Federal Reaister 19645 (April 19, 1995) .