Chapter 3.08
PURCHASING SYSTEM
Sections:
3.08.030 Authority and functions.
3.08.060 Bids and proposals required.
3.08.070 Contractor’s bond required for public works.
3.08.080 Labor and material claims.
3.08.090 Bid specifications, deposits and awards.
3.08.095 Small works roster contract award process.
3.08.100 Council approval required.
3.08.110 Unregistered or unlicensed contractors prohibited.
3.08.130 Amendments to chapter.
3.08.010 Purpose.
It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions, and other operations of the county to ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest possible cost; to ensure compliance with purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of county property, new and used; and to minimize employee time devoted to purchasing functions.
In addition, it is intended that the purchasing system be as transparent as possible, deliver timely and complete procurement information to prospective vendors, and report successful bids, contracts and project expenditures to the public using the county’s website. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.020 Administration.
The director of the administrative services department shall have full authority and responsibility for the operation and ongoing improvement of the purchasing system under the direction of the county executive. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.030 Authority and functions.
A. The authority to recommend and implement administrative policies and procedures that provide a comprehensive basis for purchasing functions shall fall under the purview of the purchasing system.
B. The following responsibilities shall be coordinated through the purchasing system:
1. Continue to improve services to departments and agencies in the area of purchasing.
2. Develop automated requisition and reporting systems.
3. Improve purchasing productivity and control for all departments.
4. Standardize high volume purchases.
5. Develop efficient policies and procedures for acquiring goods and services.
6. Implement inventory controls and minimize costs of goods and services.
7. Prepare and make available to all departments standardized forms for requisitions, vouchers, inventories and any other form required for county operations.
8. Assign purchase order numbers for the acquisition of supplies, materials, equipment, tools, services, rental of personal property, professional services and contracted public works exceeding $2,500.
9. Maintain vendor list pursuant to RCW 39.04.190.
10. Whenever practically possible, contact at least three vendors to assure competitive pricing.
11. Promote a competitive procurement environment by actively soliciting subscribers to the county’s web-based purchasing notification system.
12. Review and approve bid specifications and prepare invitations to bid pursuant to provisions set forth in this chapter.
13. Check bids for accuracy and compliance with specifications and invitation to bid.
14. Make bid recommendations on all awards to the county executive.
15. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.040 Price quotations.
Whenever practically possible, price quotations from at least three vendors shall be solicited for contracted work constituting a public work and the acquisition of materials, supplies, services, tools, equipment or rental of personal property involving amounts greater than $10,000 not exceeding $40,000. Quotations for architects and engineers are subject to the requirements of Chapter 39.80 RCW. Records of all quotations obtained shall be maintained and shall be open to public inspection. Bids submitted periodically for the roster of rental equipment with operators may be used as the source of quotations for public works projects not exceeding $40,000. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.050 Vendor lists.1
Whatcom County will maintain a vendor list pursuant to RCW 39.04.190. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A).
3.08.060 Bids and proposals required.
Awards of contracts for the acquisition of materials, supplies, services, tools, equipment or rental of personal property and professional services exceeding $40,000 will be based upon bids or proposals received in response to specifications and invitations to bid, except as provided below:
A. Sole source purchases shall not be required to go through competitive bidding. A purchase may be determined to be sole source by the county executive or designee when the bidding process would be futile because only one bidder could respond to the invitation.
B. In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the requirements governing competitive bids with reference to any purchase or contract may be waived pursuant to RCW 36.32.270.
C. Public works projects involving funds not exceeding the amount allowed under RCW 39.04.155, or any successor statute, may be completed utilizing the small works roster contract award process pursuant to WCC 3.08.095.
D. Acquisition is from another public entity.
E. Contract does not require use of county funds.
F. The procurement of professional services may be completed utilizing the consultant roster award process pursuant to WCC 3.08.096.
G. Unless required by law, contract is for services from an organization and contract terms limit payment to the reimbursement of direct wages and benefits, supplies and overhead at the greater of 10 percent or the approved federal indirect overhead rate. This clause shall be in effect until June 18, 2024.
Proposals from architects and engineers are subject to the requirements of Chapter 39.80 RCW. (Ord. 2022-046 Exh. A; Ord. 2021-083 Exh. A; Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.070 Contractor’s bond required for public works.
Whatcom County shall comply with the requirements of RCW 39.08.010. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.080 Labor and material claims.
Labor and material claims shall be filed pursuant to RCW 39.08.030. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.090 Bid specifications, deposits and awards.
A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure a competitive process and that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations.
B. When the acquisition of materials, supplies, purchased services, tools, equipment, rental of personal property or professional services involves amounts greater than $40,000 for a nonpublic work or public work award, the administrative services department shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter.
C. All bid specifications shall be in writing and placed on file for public inspection.
D. All invitations for bids, requests for proposals, requests for qualifications and bid packets will be posted on the county’s website. Project announcements and bid solicitations or proposals shall be published in the official county newspaper, and when in the county’s best interest, other regional publications. Additionally, the county will offer complimentary bid packets to multiple northwest and national plan centers. Advertisements shall be published at least once at least 13 days prior to the last date upon which bids will be received. Such advertisement shall state:
1. The date after which bids will not be received;
2. The character of the work to be done, or the materials, equipment or service to be purchased; and
3. Instruction on how to obtain additional information, including the complete bid packet.
E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier’s check, or certified check in an amount equal to five percent of the amount of the bid proposed.
F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the contractor’s bond within 10 days (exclusive of the date of notice) after notice of the award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after the required contractor’s bond of the successful bidder has been accepted.
G. Bids received shall be opened and read in public on the date named in the advertisement for bids, or on a subsequent date established in a bid addendum.
H. After opening, all bids shall be reviewed and referred to the requisitioning department for recommendation of award. Bids will be forwarded by the director of the administrative services department or designee with a recommendation to the county executive for award.
I. After opening and award, all bids shall be filed for public inspection, and available by telephone inquiry.
J. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder, the county may take into consideration the bidder’s responsiveness to the county’s requirements, the quality of the articles to be purchased or leased, availability of parts and service, delivery time, the tax revenue the county would receive from purchasing from a supplier located within its boundaries and prior dealings with the bidder.
K. The county may issue requests for proposals for services, or for technologically complex equipment including but not limited to computers, software, or telephone systems. If all proposals are not rejected, the award shall be to the highest rated proposal, taking into account the selection criteria published in the request for proposals.
L. The county may award to multiple bidders for the same commodity or service when the bid specifications provide for special circumstances in the determination of which vendor is truly the lowest price to the county. Special circumstances may include differences in ability to deliver, delivery time, availability of material, special loading or unloading conditions, total cost including transport or labor if not included with bid item, performance of the delivered material, location of the source, and proximity to the delivery point.
M. Contracts that require county council approval per WCC 3.08.100 may be administratively amended to a cumulative amount not to exceed $10,000 or 10 percent of contract amount, whichever is greater; larger amounts require council approval. No administrative contract amendment may exceed authorized expenditure authority. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.095 Small works roster contract award process.
This section may be utilized in the acquisition of contractual services necessary to complete public works projects as allowed under RCW 36.32.250, and consistent with RCW 39.04.155. To use the small works roster contract award process provided for by this section the following procedures shall be followed:
A. Publication. At least once a year, the county or its designee shall publish in a newspaper of general circulation within the county’s jurisdiction a notice of the existence of a small works roster and solicit the names of contractors for the small works roster. Responsible contractors shall be added to the small works roster at any time that a contractor completes an online application provided by the county or its designee, and meets the minimum state requirements for roster listing.
B. Small Works Roster – Nonlimited Public Work Process – Written or Electronic Bids. The county shall obtain written or electronic bids for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). The county may establish supplementary bidder criteria under RCW 39.04.350(2) to be considered in the process of awarding a contract.
1. An invitation to bid pursuant to a small works roster will not be advertised. Invitations for bids shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation.
2. Bids will be invited from all appropriate contractors on the appropriate small works roster. As an alternative to the preceding requirement, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. “Equitably distribute” means that the county may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.
If the estimated cost of the work is from $250,000 up to the authorized threshold for use of the small works roster process in Chapter 39.04 RCW and the county elects to solicit bids from less than all the appropriate contractors on the appropriate small works roster pursuant to this subsection, the county must notify the remaining contractors on the appropriate small works roster that bids on the work are being sought. The county has the sole option of determining whether their notice to the remaining contractors is made by:
a. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done;
b. Mailing a notice to these contractors; or
c. Sending a notice to these contractors by facsimile or email.
3. At the time bids are solicited, the county representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project.
4. A written record shall be made by the county representative of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bids obtained shall be recorded, open to public inspection, and available by telephone inquiry.
C. Small Works Roster – Limited Public Works Process. The county may award a contract for work, construction, alteration, repair, or improvement projects using the limited public works process if the project cost is equal to or less than the amount established in RCW 39.04.155(3). For a limited public works project, the county will solicit electronic or written bids from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the bids shall be open to public inspection and available by electronic request.
For limited public works projects, the county may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, material men, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project. However, the county shall have the right of recovery against the contractor for any payments made on the contractor’s behalf.
The county shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor’s registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded.
D. Determining Lowest Responsible Bidder/Award. Public works contracts under this section shall be awarded to the lowest responsible bidder; provided, that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the county may call for new bids. A responsible bidder shall be a registered or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibility criteria established by the county.
E. Unless otherwise addressed in this section, the provisions of WCC 3.08.090(B), (E), (G), (H), (I), (J), and (M) shall apply. (Ord. 2021-083 Exh. B; Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A).
3.08.096 Consultant roster contract award process for architectural, engineering, and other professional services.
As an alternative to the requirements of WCC 3.08.060 and 3.08.090, this section may be utilized to acquire consultant services. Consultant services include professional services. “Professional services” are those services that have a primarily intellectual output or product and include, but are not limited to, services provided by architects, engineers, surveyors, doctors, trainers, tax professionals, accountants, and management, labor and financial advisors.
To use the consultant roster contract award process provided for by this section the following procedures shall be followed:
A. Publication. At least once a year the county or its designee shall publish in a newspaper of general circulation within the municipality’s jurisdiction a notice of the existence of the consulting services roster and solicit the names of consultants for the consulting services roster. The county or its designee shall add responsible consultants to the consulting services roster at any time that a consultant completes the online application provided by the county or its designee, uploads a statement of qualifications, and meets minimum state requirements for roster listing.
B. Review and Selection of the Statement of Qualifications Proposals for Professional Services. The county shall use the following process to select the most highly qualified consultant off of the consulting services roster to provide the required services:
1. The department head shall have established criteria that must be considered in evaluating consultants for a given project. Consultant rate may be considered for services other than architectural, engineering, landscape architectural, and surveying. Criteria for architectural, engineering, landscape architecture, or surveying services shall include a plan to ensure that minority- and women-owned firms and veteran-owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The level of participation by minority- and women-owned firms and veteran-owned firms shall be consistent with their general availability within the jurisdiction of the county.
2. The department head shall evaluate the written statements of qualifications and performance data on file with the county at the time that consultant services are required.
3. Such evaluations shall be based on the criteria established by the department head.
4. The department head shall conduct discussions with one or more consultants regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.
5. The consultant deemed most highly qualified by the agency to do the project will be selected. The department head shall negotiate with the selected firm for a contract at a price that he/she determines is fair and reasonable, considering the estimated value of the services to be rendered as well as the scope and complexity of the project. If a satisfactory contract cannot be negotiated, the department head terminates the negotiations with that firm and attempts to negotiate a contract with the next most qualified firm. The process continues until an agreement is reached or the search is terminated.
C. In those instances where provisions of this chapter are inconsistent with the provisions of this section, the provisions of this section shall control. (Ord. 2021-083 Exh. C).
3.08.100 Council approval required.
County council approval is required for the following:
A. Contracts or bid awards exceeding $40,000 and all real property leases, except when:
1. Exercising an option contained in a contract or lease previously approved by the council.
2. Contract is for the design, construction, right-of-way acquisition, professional services, or other capital costs approved by the county council in a capital budget appropriation ordinance.
3. Contract or bid award is for supplies or for equipment approved in a capital budget appropriation ordinance.
4. Contract is for technical support and software maintenance from the developer of proprietary software which is currently being used by Whatcom County.
5. Contract is for manufacturer’s technical support and hardware maintenance of electronic systems.
6. Pursuant to and within the scope of a declaration of emergency made by the county executive under WCC 3.08.060(B). The county executive, pursuant to a declaration of emergency, shall submit the contract to the county council for informational purposes at the council’s next regular or special meeting.
B. All informational materials distributed to more than 20 percent of county residences for the purpose of informing or educating the public on a specific capital project, levy or tax. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh. H).
3.08.110 Unregistered or unlicensed contractors prohibited.
No contract shall be entered into or executed with any contractor who is not registered or licensed as required by the laws of this state (except only as permitted under RCW 39.06.010 for highway projects for contractors who have been prequalified as required under RCW 47.28.070). (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.120 Joint purchasing.
The county may enter into agreements with the state or with any agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporation in Whatcom County. Assistance to the participating municipal corporation may be given in any way except that a sale or contract shall be between the vendor and the participating municipal corporation and not Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county’s best interest to do so. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.125 Nondiscrimination.
Whatcom County endeavors to secure for all individuals within the county the freedom from discrimination because of race, color, religion, national origin, gender, sexual orientation (including gender identity), age, marital status, or disability in connection with employment, and thereby to promote the interests, rights and privileges of individuals within the county.
A. All contracts proposed by county staff shall incorporate equal employment opportunity clauses which shall read as follows, or as subsequently amended to be consistent with existing law:
1. Nondiscrimination in Employment. The county’s policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, or veteran status. The contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, political affiliation, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which the contractor is governed by such laws, the contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any subcontractor; provided, that the foregoing provisions shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees.
2. Nondiscrimination in Client Services. The contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status; or deny an individual or business any service or benefits under this agreement unless otherwise allowed by applicable law; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt of any service or services or other benefits provided under this agreement unless otherwise allowed by applicable law; or deny an individual or business an opportunity to participate in any program provided by this agreement unless otherwise allowed by applicable law.
B. Noncompliance with the nondiscrimination in employment and client services provisions will be grounds for terminating a contract and may hinder a contractor’s eligibility for future contracts. (Ord. 2021-070 Exh. A; Ord. 2021-016 Exh. A).
3.08.130 Amendments to chapter.
The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this chapter, or any part thereof, in any manner not inconsistent with state law. Whether or not the county council takes action, the provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any mandatory state administrative ruling or statute, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.135 Sunset provision.
Repealed by Ord. 2021-070. (Ord. 2018-033 Exh. A; Ord. 2016-032 Exh. A).
3.08.140 Severability.
If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in effect. (Ord. 2021-070 Exh. A; Ord. 2016-032 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
Prior legislative history: Ord. 97-034 repealed WCC 3.08.050. Ord. 93-042 was formerly codified in the section.