Chapter 16.08
OFFICE OF THE CHIEF PROCUREMENT OFFICER

Sections:

16.08.010    Establishment, appointment and tenure.

16.08.020    Authority and duties.

16.08.030    Delegations to other borough and school district officials.

16.08.040    Cooperative purchasing.

16.08.050    Innovative and special procurements.

16.08.060    Disposal of surplus supplies.

16.08.010 Establishment, appointment and tenure.

A. There is created the position of chief procurement officer, who shall be the borough’s principal purchasing official.

B. The chief procurement officer shall be hired through the borough’s competitive hiring process.

C. The chief procurement officer shall be removed only upon a showing of just cause. (Ord. 2002-29 § 5, 2002; Ord. 82-69, 1982. 2004 Code § 16.25.010.)

16.08.020 Authority and duties.

A. The chief procurement officer shall serve as the principal purchasing official for the borough, and shall be responsible for the procurement of supplies, services and construction in accordance with this title, as well as the management and disposal of supplies. In conducting his/her duties under this title, the chief procurement officer shall have the authority and discretion to waive irregularities on any and all bids if in his judgment such waiver would be in the best interest of the borough and would not negatively impact the integrity of the procurement process or provide an unfair competitive advantage.

B. In accordance with this title, and subject to the supervision of the borough mayor, the chief procurement officer shall:

1. Supervise the purchasing of all supplies, services and construction needed by the borough;

2. Direct supervision over the borough’s central stores and general supervision over all other inventories of supplies belonging to the borough;

3. Trade or otherwise dispose of surplus supplies belonging to the borough;

4. Establish and maintain programs for specifications development, contract administration and inspection and acceptance, in cooperation with the borough departments using the supplies, services, and construction;

5. Monitor service area contracting procedures; and

6. Exercise all authority and perform any other duties and responsibilities which this title assigns to the chief procurement officer.

C. With the approval of the borough mayor, the chief procurement officer may delegate authority to dispose of surplus library books, audio tapes, video tapes, movies and periodicals to the library director.

D. Consistent with this chapter and with the approval of the borough mayor, the chief procurement officer may adopt operational procedures relating to the execution of his/her duties.

E. The chief procurement officer is authorized to adopt written policies, consistent with borough code, governing the procurement, management, control and disposal of any and all supplies, services and construction procured by the borough. (Ord. 2002-29 § 6, 2002; Ord. 94-009 § 2, 1994; Ord. 84-81 § 3, 1984; Ord. 82-69, 1982. 2004 Code § 16.25.020.)

16.08.030 Delegations to other borough and school district officials.

A. With the approval of the borough mayor, the chief procurement officer may delegate authority to purchase certain supplies, services or construction items to other borough officials, if such delegation is deemed necessary for the effective procurement of those items.

B. With the approval of the borough mayor, the chief procurement officer may delegate authority to purchase school equipment to school district officials, if such delegation is deemed necessary for the effective procurement of those items. The procurement of equipment by the school district in accordance with school board policy is exempt from the requirements of this title. (Ord. 2002-29 § 7, 2002; Ord. 97-010 § 2, 1997; Ord. 82-69, 1982. 2004 Code § 16.25.030.)

16.08.040 Cooperative purchasing.

A. Authorization of Cooperative Purchasing.

1. Notwithstanding any other provision in this title, the borough, with the chief procurement officer’s approval, may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of supplies, services, professional services, or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. Cooperative purchasing may include joint or multi-party contracts between public procurement units and open-ended state public procurement unit contracts that are made available to other public procurement units.

2. All cooperative purchasing authorized in this section shall be through contracts awarded through full and open competition using methods substantially equivalent to those authorized in this title.

B. Definition of Terms.

Cooperative purchasing” means procurement conducted by, or on behalf of, one or more public procurement units.

External procurement activity” means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. Agencies of the United States and of any other state in the United States are external procurement activities.

Local public procurement unit” means any borough, city, town, and any other subdivision of the state or public agency of any such subdivision, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction.

Public procurement unit” means any of the following:

1. A local procurement unit;

2. An external procurement unit;

3. A state public procurement unit; and

4. Any not-for-profit entity comprised of more than one unit or activity listed in subsection (1), (2) or (3) of this definition.

State public procurement unit” means the office of the chief procurement officer of this or any other state and any other purchasing agency of this state or any other state. (Ord. 2002-29 § 8, 2002. 2004 Code § 16.25.040.)

16.08.050 Innovative and special procurements.

Notwithstanding any other provision of this code, the chief procurement officer may initiate a procurement above the small purchase amount specified in FNSBC 16.12.030 when the officer determines that an unusual or unique circumstance exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest, including, but not limited to, the need to meet new or unique state requirements, new technologies, or to achieve best value. Any special procurement under this section shall be made with such competition as is practicable under the circumstances. The chief procurement officer in the contract file shall include a written determination of the basis for the procurement and for the selection of the particular contractor, and a report shall be made publicly available at least annually describing all such determinations made subsequent to the prior report. (Ord. 2002-29 § 9, 2002. 2004 Code § 16.25.050.)

16.08.060 Disposal of surplus supplies.

A. The chief procurement officer shall have the authority to sell, exchange, trade in or otherwise dispose of borough supplies which are no longer used by the borough or which have become unsuitable for borough use.

B. Supplies to be sold must be sold through the competitive sealed bidding process established in this title or by public auction.

C. Notwithstanding any other provision in this code, the chief procurement officer may authorize the abandonment or destruction of borough property which has no commercial value or of which the estimated cost of continued care, handling, repair, maintenance or storage would exceed the estimated proceeds of sale.

D. Upon a determination by the chief procurement officer that the best interests of the public would be served, the chief procurement officer may transfer any surplus borough supplies to another governmental or quasi-governmental unit or to a charitable, civic, or nonprofit organization; except, that where the estimated value of the supplies to be transferred exceeds $1,000, the transfer may be made only after approval by the assembly by resolution. (Ord. 2002-29 § 10, 2002. 2004 Code § 16.25.060.)