HomeMy WebLinkAboutMINUTES - 10142003 - C75 COUNTY OF SAN DIEGO - BOARD OF SUPERVISORS' - POLICIES Page 2 of 6
A. Utility Services: Procurement of needed item or service is from a utility company
where service connections are only allowed in geographically defined service territories
or where the work involves a utility system when only the utility company itself is
allowed to work upon the system.
B. Educational Services: Procurement of educational services from nonprofit
institutions.
C. Goods or Services Acquired for Other Governmental Agencies: Procurement of
goods or services directly from other governmental agencies, or under contracts awarded
competitively by other governmental agencies to third parties, when the price can be
determined to be fair and reasonable.
D. Standard Commercial Software Packages Off-the-Shelf Computer or Hardware
Products ("COTS"): Procurement of software or hardware products that are ready-
made, available for sale to the government and to the general public, and designed to be
implemented easily into existing computer systems without the need for extensive
customization. COTS include those listed in the County's IT outsourcer's "Catalog", and
those approved by the Chief Technology Office.
E. Equipment Maintenance Services: Maintenance Services Agreements provided by
the equipment manufacturer or dealers/distributors as a result of a Life Cycle Cost
Purchase determination or which are not available from satisfactory alternate source as
determined by the Purchasing and Contracting Director.
F. Computer Software, Software Licenses and Operating System Maintenance
Services: Where the County has procured software and operating systems for its use,
procurement of the continuing maintenance and upgrades of such software and operating
systems, and renewal of software licenses, from its developer or manufacturer.
G. Disabled Veterans Business Enterprises (DVBE): Procurement of goods and
services up to $50,000 from a DVBE located in the County of San Diego and certified as
a DVBE by the State of California.
H. Architectural, Engineering and Related Professional Services: Services shall be
procured in accordance with Board Policy F-40 and Public Works shall be processed in
accordance with applicable laws of the State of California, Public Contracts Code, and
County implementing procedures.
To confirm an exemption from this policy, procuring departments shall cite the applicable
exemption in their request for approval of the procurement transmitted to the appropriate
contracting authority (i.e., the Board of Supervisors or the Director of the Department of
Purchasing and Contracting).
2. Exceptions to Competitive Procurement Policy:
The following examples are illustrative of circumstances that may be considered in authorizing
case-by-case exceptions to this policy.
A. Sale Source Provider Only one person, firm or manufacturer exists that can provide
http:/hvww.co.san-diego.ca.us/cob/pol1cylA-87.htm1 10/2/2003
COUNTY OF SAN DIEGO -BOARD OF SUPERVISORS' - POLICIES Page 3 of 6
the needed item or services and there is no available equivalent to meet the County's
minimum needs.
B. Competition is precluded because of the existence of patent rights, copyrights, secret
processes, control of the basic raw material(s) or similar circumstances, and there is no
equivalent item or service.
3. Absolute Compatibility:
A. When the procurement is for replacement parts or components for equipment data
available is not adequate to ensure that the parts or components obtained from another
supplier will perform the same function in the equipment as the part or component it is to
replace.
B. The non-competitive procurement will The requirement for prevent safety or
reliability problems that may occur when parts or components from different
manufacturer's warranty or guarantee.
C. The procurement is for upgrades, enhancements or additions to hardware or software
to central site mainframe or mini-computer equipment and data is unavailable to assure
that equipment form different manufacturers will be as compatible as equipment from the
original manufacturer(s).
4. Threshold Amounts for Determining Required Approvals of Sole Source and Other
Exceptions to Competitive Procurement:
The following threshold amounts shall determine the required level for review and
approval of sole source and other exceptions to this policy:
Procurements with an estimated value of:
A. Up to $50,000--Purchasing and Contracting Director
B. $50,000 - $100,000—Chief Administrative Officer
C. Over $100,000—Board of Supervisors
D. In cases of Public Exigency as defined under "Definitions" below, the Chief
Administrative Officer is authorized to approve Sole Source Procurements above
the S 100,000 threshold without Board of Supervisors approval.
5. Letters Requesting Sole Source and Other Exceptions to this Policy:
Whether requiring approval by the Director of Purchasing and Contracting, the Chief
Administrative Officer, or the Board of Supervisors, letters/e-mail requests requesting
sole source and other exceptions to this policy shall conform to the following format to
enable the reviewing parties to understand the request, and any pricing issues:
A. Introductory paragraph on the procurement.
http://www.co,san-dicoo.ca.uslcob/policy/A-87.html I0/2/2003
' COUNTY OF SAN DIEGO - BOARD OF SUPERVISORS' - POLICIES Page 4 of 6
B. Items or services and the term period.
C. Benefits to the County of San Diego.
D. Why the procurement qualifies for a sole source or other exception under Board of
Supervisor's Policy A-87.
E. Determination of Fair and Reasonable Price.
6. Processing of Contracts Resulting from Any Non-Competitive Procurement:
Contracts resulting from any approved non-competitive procurement, i.e., contracts
approved pursuant to either an "exemption" or an "exception" to the competitive
procurement requirements of this policy, shall be processed as follows:
A. All procurements exempt from this policy, as described in Section A
"Exemptions," above, and all contracts in amounts of up to $100,000 resulting
from procurements approved as exceptions to competitive bidding, as described.in
Section B, "Exceptions," above, shall be forwarded to the Purchasing and
Contracting Director for processing in accordance with the Section 705 of the
County Charter, and Section 401 of the County Administrative Code;
B. All contracts in amounts over $100,000 resulting from procurements approved
as exceptions to competitive bidding shall be forwarded, with recommendation, to
the Board of Supervisors for processing; and
C. Notwithstanding the foregoing, the Chief Administrative Officer may approve
any contract as an exception to competitive bidding in accordance with the Public
Exigency provision in paragraph (B) (3) (d) above.
Where the applicable authority denies a request for a non-competitive procurement, the
procurement shall be conducted through the use of the appropriate form of competitive
procurement, as described under "Policy," above.
7. Advertising Non-Competitive Procurements:
For Board-approved non-competitive procurements of over $100,000, the procuring department
shall advertise the proposed procurement in an appropriate business newspaper, or on the
Internet. For non-competitive procurements of less than $100,000, the Director of Purchasing
and Contracting shall have discretion to advertise these proposed procurements either in an
appropriate business newspaper, or on the Internet.
8. Definitions:
A. "Formal Bidding": A competitive procurement process in which prospective
offerors respond to a solicitation for bids. A Request for Bid (RFB) is usually the
solicitation vehicle for this method of procurement. The bids must comply with the
specifications, terms and conditions for the needed item(s) or service(s) stated in the
solicitation. The process is used when the specifications can be sufficiently defined and
detailed to assure the procurement of appropriate and acceptable item(s) or service(s).
Contract award is made on the basis of price to the lowest bidder who is both responsive
(complies with the stated specifications) and responsible (competent and otherwise
http://www.co.san-diego.ca.us/coblpol1cy/A-87.htm1 10/2/12003
COUNTY OF SAN DIEGO - BOARD OF SUPERVISORS' - POLICIES Page 5 of b
qualified to perform under any resulting contract). The County Contracting Manual and
its Supplements provide further definition and County procedures for this process.
B. "Competitive Negotiated Procurement": A competitive negotiated procurement
process in which prospective offerors respond to a solicitation for pricing and other
qualifications, and negotiation of submitted terms is possible prior to contract award.
The County may initiate competitive negotiated procurements by issuing a Request for
Proposal (RFP), a Request for Grant Application (RFGA), or a letter invitation to pre-
qualified sources. The offerors' responses must comply with the terms and conditions
stated in the solicitation. This process is used when specifications cannot be sufficiently
defined or detailed to assure the procurement of appropriate and acceptable item(s) and
service(s), and price is the primary, but not the sole, source selection factor. After receipt
of proposals and a source selection process, negotiations may be held with one or more
offerors and contract award is made with consideration of price and other factors
determining the best value for the County. A source selection process is used for RFP and
RFGA to select firms for negotiations. RFGA is only used where the intent is to make
multiple awards. The County Contracting Manual and its Supplements provide further
definition and County procedures for this process.
C. "Public Exigency": An emergency situation when the health and safety of the public
or persons in the custody or care of the County are at risk if immediate measures are not
taken to resolve the problem situation and it is not possible or practical to convene a
Special Meeting of the Board of Supervisors
D. "Sole Source": A procurement process in which itern(s) or service(s) are procured
from, or are a product of either:
a. A single source of supply not selected through a competitive procurement
process.
b. A single manufacturer, even though the items or services may be procured
through a competitive procurement process (i.e., limited competition among
dealers and distributors).
Sunset Date
This policy will be reviewed for continuance by 12-31-08.
Board Action
2-24-81 (134)
2-06-90 (43)
5-15-96 (11)
01/28/03 (16)
CAO Reference
http://www.co.san-d1ego.ca.us/cob/policy/A-87.htni1 10/2/2003
COUNTY OF SAN DIEGO - BOARD OF SUPERVISORS' - POLICIES Page 6 of
I. Department of Purchasing and Contracting
2. County Counsel
3. Chief Financial Officer/Auditor and Controller
http://www.co.san-diego.ca.us/cob/policy/A-87.latnil 10/2/2003