PURCHASING POLICY

Revision Dates: August, 2007;

June, 2009; February, 2013; April, 2015
 City of Roswell Purchasing Policy

TABLE OF CONTENTS

I. Introduction

 Purpose
 Mission
 Scope
 Exceptions
 Ethics in Purchasing
 Freedom of Information
 Definitions

II. Responsibilities

 Purchasing Agent Responsibilities

 Purchasing Manager Responsibilities
 Department Head Responsibilities
 Department Liaison Responsibilities
 Department Agent Responsibilities
 Disciplinary Actions for Violations

III Purchasing Thresholds

IV. Non-Competitive Procurements

 Sole Source Procurement

 Sole Brand Procurement
 Direct Negotiation
 Emergency Procurement
 Costs Under the Competitive Threshold
 Direct Negotiation through the use of Public Entity Contracts

V. Competitive Procurements

 Invitation to Bid
 Request for Informal Quote
 Request for Proposals
 Quality Based Selections
 Request for Qualifications
 Multi-step Solicitations
 Online Reverse Auction

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VI. Protests

VII. Guidelines for Promoting Sustainability through the Purchasing Process

 Policy
 Requirements and Preferences

VIII. Procurement Card (P-Card) Program

IX. Capital Assets, Property, and Surplus

X. Qualifications Based Selection for Projects Using Federal Aid Highway

Program (FAHP) Funding

XI. Contract Document Process

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 City of Roswell Purchasing Policy

I. INTRODUCTION

PURPOSE

This Policy is intended to establish the methods by which the City procures goods and
services and enters into contracts. This document will clarify purchasing functions and
outline purchasing policies, as well as describe departmental relationships,
responsibilities and participation in the procurement cycle.

MISSION

In consideration of the City’s fiduciary responsibilities, the Purchasing Division must

assure promotion of full and open competition in all procurement activities. In doing so,
the Purchasing Division must balance economy, efficiency, expediency and
environmental impact ensuring that Departments consider sustainable goods and
services, receive sufficient quality and quantities of goods and services, delivered at the
correct time, and purchased at the lowest practical cost.

SCOPE

The scope of this purchasing policy covers the procurement of most Goods and Services
without regard to the past method by which goods or service have been customarily
procured. The policy covers contractual and purchase agreements between the City of
Roswell and other legal entities. The procurement function includes the initial
agreement/purchase, changes and/or re-negotiations. This policy establishes the
specific responsibility and authority of the procurement of goods and services.

EXCEPTIONS

In accordance with the Purchasing Ordinance Article 2.7, the provisions of this policy do
not apply in the following instances or procurements:

A. A good is available from only one (1) source or supply, or when standardization
or compatibility is the overriding consideration.

B. The purchase is pursuant to a contract with (1) the United States of America or
an agency thereof or (2) any government unit or agency thereof within the
United States for the purchase, lease, or other acquisition of goods.

C. The purchase is regulated by other Federal and State laws, i.e., O.C.G.A §36-91-
1;

D. A special emergency exists involving the health and safety of the people or their
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property; or

E. The purchase is for:

1. Land, artistic work, or other goods whose inherent nature is unique and
cannot be competitively compared to other goods within its class.

2. Printed copyright material including published books, maps, periodicals and

technical pamphlets (not including software for computer systems), except
where a greater savings can be realized by a quantity purchase.

3. Real property, real estate brokerage and appraising, abstract of titles for
real property, title insurance for real property and other related costs of
acquisition of real property.

4. Subscriptions, dues, and memberships and board member fees established

during the budget process.

5. Services provided directly to individual citizens and employees including

reimbursements and other miscellaneous payments.

6. Utilities, including but not limited to electricity and telephone service.

7. Employee benefits and health related services procured through a

quotation and negotiating process conducted by an expert in the field, or
to maintain continuity of employee-health records.

8. Travel, conferences, training, speakers, instructors, facilitators, and

meeting expenses, or other expenditures covered by another City policy.

9. Items for resale that require a particular manufacturer to enhance their

marketability.

10. Legal advertisements.

11. Legal services, litigation, and legal expenses.

12. Goods or services required for confidential and secure investigations,

apprehensions and detentions of individuals suspected of or convicted of
criminal offenses by law enforcement personnel.

13. Seized property included in a Court Order authorizing disposal.

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 City of Roswell Purchasing Policy

ETHICS IN PURCHASING

In accordance with the Code of Ethics Article 2.5, each person involved in the
procurement process must adhere to a high standard of ethics and is bound by the
City’s Code of Ethics as adopted in the City of Roswell’s Code of Ordinances.

A. Employee Conflict of Interest

It shall be unethical for any City of Roswell employee, official, or agent to transact any
business or participate directly or indirectly in a procurement contract when the
employee or official knows that:

 The employee, official, agent, or any member of their immediate family

has a
substantial interest or financial interest pertaining to the procurement contract,
except permitted by State statutes.

 Any other person, business or organization with whom the employee,

official,
agent, or any member their immediate family is negotiating or has an
arrangement concerning prospective employment.

 All vendors doing business with the City are expected to disclose any
connection to
or with a City of Roswell employee or elected official when participating in the
solicitation for a procurement contract.

B. Gratuities, Rebates, or Kickbacks

 Gratuities. It shall be unethical for any person to offer, give, or agree to give any
City of Roswell Employee, Official, or Agent, or for any City of Roswell Employee,
Official, or Agent to solicit, demand, accept, or agree to accept from another
person, a gratuity, rebate or an offer of employment in connection with any
decision, approval, disapproval, recommendation or preparation of any part of a
program requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering of advice, investigation,
auditing or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim or controversy, or other particular
matter, pertaining to any program requirement or a Contract or subcontract, or
to any solicitation or proposal therefore in any manner inconsistent with the
State of Georgia’s Department of Administrative Services Gratuity Policy.
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 Kickbacks It shall be unethical for any payment, gratuity, or offer of employment

to be made by or on behalf of a subcontractor under a Contract to the prime
contractor or higher tier subcontractor, or any person associated therewith, as
an inducement for the award of a subcontract or order.

 Rebates It shall be unethical for any rebate to be offered for the sole purpose of
inducement. Rebates normally or routinely offered to all customers for the
purchase of their Goods and Services are acceptable and are the property of the
City of Roswell.

o Nothing in this section shall preclude an Official, Employee or Agent of the

City from attending seminars, courses, lectures, briefings, or similar
functions at any vendor's facility or at any other place if any such seminar,
course, lecture, briefing, or similar function is for the purpose of furnishing
the Official, Employee, or Agent with knowledge and information relative to
the vendor's products or services and is one which the City Administrator
determines would be of benefit to the City.

o In connection with any such seminar, course, lecture, briefing, or similar

function, nothing shall preclude the Official, Employee, or Agent from
receiving meals from a vendor. Nothing in this section shall preclude the
Official, Employee, or Agent from receiving educational materials and
business related items of not more than nominal value from a Vendor.

o Nothing contained in this section shall permit the Official, Employee, or

Agent to accept free travel from the vendor outside the state of Georgia
or free lodging in or out of the state of Georgia.

 Contract Clause. The prohibition against gratuities, rebates and kickbacks

prescribed in this Section shall be conspicuously set forth in every contract and
solicitation documents therefore.

 Courtesies. Employees may accept for themselves and members of their families
common courtesies usually associated with customary business practices so long
as a strict standard is enforced with respect to gifts, services, discounts,
entertainment or consideration of any kind from suppliers of merchandise,
services, supplies, etc. to the City of Roswell. An example of a common courtesy
is free pens or notepads with the Vendor's name on them.

 Cash. It is never permissible for a City of Roswell Official, Employee or Agent to

accept a gift in cash, cash equivalents, gift cards, stocks or other forms of
marketable securities of any amount.
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C. Prohibition Against Contingent Fees

It shall be unethical for a person to be retained, or to retain a person, to solicit or secure

a City of Roswell Contract upon any agreement or understanding for a commission,
percentage, brokerage or contingent fee, except for retention of bona fide employees or
bona fide established commercial selling agencies for the purpose of securing business.

D. Use of Confidential Information

It shall be unethical for any City of Roswell Employee, Official or Agent knowingly to use
confidential information for actual or anticipated personal gain, or for the actual or
anticipated personal gain of any other person.

E. Unauthorized Purchases

No purchases of Goods and Services shall be made in the name of the City of Roswell,
except such as is required for official use by the City of Roswell. Purchases in the name
of the City of Roswell for personal use by an individual or for other than official use are
prohibited, and no City of Roswell funds will be expended or advanced therefore.

F. Penalties and Sanctions

City employees shall follow these standards in all procurement and contracting activities.
Sanctions and penalties for violating these requirements shall be as cited in the City of
Roswell’s Human Resources Policies and Procedures, as amended, which governs
disciplinary actions for violations of City ordinances, policies and regulations.

G. Disclaimer of Responsibility for Improper Purchasing

The City may disclaim responsibility and liability for any purchase, expenditure, or
agreement for expenditure arising from a purchase made in its name, or in the name of
any governmental body under its authority, by an unauthorized person or any person
acting outside this policy or the authorization or delegation as provided in this policy.
The expense of any such disclaimed transaction will become the personal liability of the
individual who acted improperly.

H. Vendor Contact During Open Solicitations

Persons seeking an award of a City of Roswell contract may not initiate or continue any
verbal or written communications regarding a solicitation with any Official, Employee or
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other City representative other than the Purchasing Agent named in the solicitation
between the date of the issuance of the solicitation and the date of the final contract
award. The City Administrator or designee will review violations. If determined that
such communication has compromised the competitive process, the offer submitted by
the individual, firm or business may be disqualified from consideration for award.

FREEDOM OF INFORMATION
Interested persons shall have access to information regarding procurement transactions
of the City of Roswell in accordance with City policy and the Georgia Open Records Act,
O.C.G.A.§50-18-70 et seq.

All meetings of the City's Council are duly noticed public meetings and all documents
submitted to the City as a part of or in connection with a Proposal may constitute public
records under Georgia law regardless of any person's claim that proprietary or trade
secret information is contained therein. By submission to the City, Proposers waive any
declaration the entire response to any solicitation to be proprietary information. The
Proposer shall designate in the smallest increments possible, that part of the
qualifications which is deemed to be proprietary. Proposals and all related
correspondence are governed by the Georgia Open Records Act and shall be provided to
anyone properly requesting same, after contract award. The City cannot protect
proprietary data submitted in vendor proposals unless provided for under the open
records law and clearly marked as proprietary by the proposer. In the event the
Proposer deems certain information to be exempt from the disclosure requirements,
the Proposal must specify what content is considered exempt and cite the applicable
provision of the law to support that assessment. In the event such information is
requested under the open records law, the Proposer's assessment will be examined by
the City Attorney who will make a determination. The decision to withhold or release
the information will be at the City's sole discretion.

DEFINITIONS

For purposes of this manual, the following terms, phrases, words, and their derivations
shall have the meanings given herein.

1. Addendum: A change, clarification or correction in the solicitation documents.

2. Annual Contract: An agreement or Contract, typically for a specified duration,

between a supplier and the City, to furnish Goods or Services usually of an
indefinite quantity and delivery schedule, at unit prices provided for under the
terms of the Contract. Also known as a term contract, annual agreement or
requirements contract.

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3. Agent: An Official, Employee, contracted or subcontracted Person who is

authorized to act on behalf of the City of Roswell and represent their interests. The
City Administrator is the official Purchasing Agent for the City.

4. Appeal: A specific written objection by an interested person to a Request for

Qualifications, a Request for Quotations, an Invitation for Bid, an Invitation to
Negotiate, a Request for Proposal, or an award or proposed award of a Contract.

5. Apparent Low Bidder: Vendor that submits the lowest monetary bid.

6. Bid: An offer submitted in response to public notice of an intended sale or

purchase.

7. Bid Bond: A bond that legally binds the bidder to execute a contract and to provide
required post award documents, such as a certificate of insurance and/or
performance and payment bonds, or forfeit the amount of the bond.

8. Bidder: One who submits an offer in response to public notice of an intended

sale or purchase.

9. Bid Opening: The act of publicly opening the bid envelopes and making the bids
available for public inspection.

10. Bond: A form of financial protection against damages; a binding agreement

executed by a bidder or vendor and another party to guarantee the performance
of certain obligations or duties to the purchaser.

11. Buyer: Purchaser; the buying agency or government.

12. Buying Cooperative or Alliance: A group of public entity purchasers organized

for the purpose of creating contracts or pricing agreements in order to take
advantage of group or quantity buying discounts or special pricing from which
members of the group can benefit.

13. Capital Asset: A purchase of land, equipment, infrastructure, buildings, or

improvements with a value of or greater than $5,000.00 with at least a two (2) year
useful life as defined by the Capital Asset Policy.

14. Capital Expenditure: An expenditure that results in the acquisition of or an addition

to a Capital asset.

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15. Centralized Purchasing: The system under which the Finance Department,
Purchasing Division, is authorized to enter into contracts for goods and services on
behalf of the City.

16. Change Order/Amendment: An agreed upon addition to, deletion from, correction
or modification of a Contract.

17. City: The City of Roswell, Georgia

18. City Administrator: The chief administrative officer and Purchasing Agent of the
City, appointed by the City Council as outlined is Section 2.3 of the Roswell Code of
Ordinances.

19. City Council: The legislative and governing body of the City.

20. City Finance Director: The Finance Director of the City as outlined in Section 2.4.4
of the Roswell Code of Ordinances.

21. Commodities: Supplies, apparatus, materials, equipment, and other forms of

tangible personal property that can be mass produced and used by a City
department in the accomplishment of its responsibilities.

22. Competitive Award: A procurement based upon the outcome of one of the
competitive processes set forth in this Policy, where award is made based on the
lowest quotation or Bid submitted by a responsible and responsive Bidder or to the
most qualified or advantageous Proposer based on the qualitative and/or
quantitative factors identified for the procurement. A Competitive Award can be
made even if only a single bid or proposal has been received from a Bidder or
Proposer who is determined to be responsible and responsive.

23. Construction: The process of building, altering, improving or demolishing any

public structure or building, or other public improvements of any kind to any public
real property. The term “Construction” does not include the routine operation,
repair and/or maintenance of existing structures, buildings, or real property.

24. Contract: A legally binding mutual agreement between two parties. Any City
agreement, regardless of form or title, for the procurement or disposition of
goods or services. Contracts also include change orders, modifications,
amendments, supplemental agreements with respect to any of the foregoing.
Every Contract must be duly authorized and approved prior to execution.

25. Contract Extension: An Amendment to a Contract that includes an increase in the

term of a Contract, for which no options to renew the Contract beyond the current
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expiration date exists.

26. Contract Renewal: An exercise of an approved, existing option to increase the term
of a Contract. Options to renew a Contract are often done in annual increments.

27. Contractor: Any person or business having a contract with the City.

28. Department: An organizational unit within City government that is responsible to

the City Administrator, or designee.

29. Division: An organizational unit within a City Department that is responsible to the
head of a department, or designee.

30. Emergency Purchase: The purchase of supplies and/or services whose immediate
procurement is essential to protect life or property.

31. Encumbrance: A financial commitment for unperformed or unpaid contracts for

goods or services.

32. Goods: Supplies, apparatus, materials, equipment, and other forms of tangible
personal property used by a City department in the accomplishment of its
responsibilities.

33. Invitation to Bid: A formal request to prospective vendors soliciting quotations

or bids; contains, or incorporates by reference, the specifications or scope of
work and all contractual terms and conditions.

34. Letter of Intent: A written statement detailing the preliminary understanding of

parties who plan to enter a contractual arrangement.

35. Local Vendor: A vendor which operates and maintains a brick and mortar
business within the corporate limits of the City of Roswell; has a current
Occupation Tax Certificate; has paid in full all real and personal taxes owed the
City.

36. Local Vendor Preference: Applies to all informal and formal procurements
excluding construction projects; professional and consulting services; federally
funded projects; and online/electronic sealed bid/reverse auctions. A local
vendor’s bid will be awarded if the bid is within two percent (2%) of the non-
local vendor’s bid who otherwise would have received the award of the contract.

37. May: Denotes the permissive.

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38. Mayor: Chief elected official of the City.

39. Ordinance: The purchasing ordinance authorized by the City Council.

40. Payment Bond: A bond which assures payments, as required by law, to all
persons supplying labor or material for the completion of work under the
contract.

41. Performance Bond: A bond provided in connection with a contract which

guarantees the performance and fulfillment of all the terms, conditions, and
agreements contained in the contract.

42. Practicable: Sufficient in performance and available at a reasonable cost.

43. Price Preference: A percentage of increase in price an entity will pay to obtain a
designated product. No price preferences are recognized by the City.

44. Procurement: Purchasing, renting, leasing or otherwise acquiring any equipment,

supplies, services or construction projects.

45. Professional Services: Those services which are defined by statute as a

“profession” or “professional service” and require a license or accreditation,
including, but not limited to, certified public accountants, actuarial services,
architecture, landscape architecture, interior design, licensed or accredited
appraisers or licensed or accredited financial analysts providing opinions of
value, chiropractic, dentistry, professional engineering, podiatry, pharmacy,
veterinary medicine, registered nursing, harbor piloting, land surveying, law,
psychology, medicine and surgery, optometry, and osteopathy. Professional
Services include but are not limited to evaluations, consultations, management
systems, management consulting, compiling statistical data, support of planning
and operating activities, appraisal services, and research and development
studies or reports.

46. Project Manager: The Department Head appointed full-time employee assigned
the duties and responsibility for all aspects of a project, such as a consulting, design
and engineering or capital project involving new construction and/or maintenance
or repairs.

47. Protest: A formal appeal of a process or decision in writing.

48. Protestor: An actual bidder who is aggrieved in connection with the bid process,
including contract award, and who files a protest in writing in accordance with
this section.
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49. Purchase Order: A document authorizing a City of Roswell employee contracting

with a seller to deliver goods with payment to be made later.

50. Purchasing Agent: The principal purchasing official of the City of Rowell pursuant
to Section 2.7.3 of the Roswell Code of Ordinances. The Purchasing Agent for the
City of Roswell is defined as the City Administrator.

51. Purchasing Manager: The designee of the Purchasing Agent to manage the day
to day operation of the purchasing division. The Purchasing Manager for the City
of Roswell is assigned by the City Administrator

52. Purchasing Division: The division responsible for procurement for the City.

53. Registered Business: A business that has a valid Occupation Tax Certificate.

54. Reasonable Cost: Cost that by its nature or amount does not exceed what would
normally be incurred by an ordinarily prudent person in the conduct of
competitive business.

55. Request for Informal Quote (RFIQ): A document used in an informal solicitation
for an offer to be submitted in writing that will result in a purchase Contract.

56. Request for Information (RFI): A document used in an informal, noncompetitive

solicitation where vendors provide feedback on industry standards and
procedures which allows purchasing to decide and implement a procurement
strategy.

57. Request for Proposal (RFP): A document used in purchasing complex services
when the competitive sealed bid is neither practical nor advantageous, the RFP
process considers both quality of the solution offered and price to obtain the
best overall value.

58. Request for Qualifications (RFQ): A document used in purchasing complex

services when the competitive sealed bid is neither practical nor advantageous,
the RFQ process considers both contractor qualifications and price to obtain the
best overall value.

59. Requisition: An internal document, provided by a department to the Purchasing

Division that contains the fund source, approvals, descriptions, quantities, and
other information about the Goods, Services, or Professional Services, in order to
proceed with the procurement.

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60. Responsible Bidder: A vendor who has the capability in all respects to perform
fully the contract requirements; and the experience, integrity, perseverance,
reliability, capacity, facilities, equipment and credit which will assure good faith
performance.

61. Responsive Bidder: A vendor who has submitted a bid that conforms in all
administrative and material respects to the requirements stated in the Invitation
to Bid.

62. Sealed Bid: An offer submitted in response to a formal procurement solicitation in a

closed envelope to be opened at a specific time and place.

63. Sealed Proposal: An offer submitted in response to a formal procurement

solicitation in a closed envelope where the technical response and cost are
separated to be opened and the participant’s names read aloud at specific time and
place.

64. Services: Any performance of effort or labor, for which the City has contracted
other than Professional Services or services classified as construction.

65. Shall: Denotes the imperative.

66. Sole Source / Single Source: That only one vendor possesses the unique and
singularly available capability to meet the requirement of the solicitation, such as
technical qualifications, ability to deliver at a particular time, or services from a
public utility.

67. Specification or Scope of Work: Specifications are the detailed and exact
description of the requested materials and/or services. They should accurately
describe the physical, functional, and/or performance requirements of the items
and/or services requested.

68. Statement of Qualification (SOQ): An offer submitted in response to a formal

procurement solicitation in a closed envelope to be opened and the participants
names read aloud at a specific time and place.

69. Surplus Property: City-owned property that is no longer required or has no

practical use by the City.

70. Sustainability: Reducing the amount of resources used as well as reducing the
amount of waste and emissions produced in order to limit the environmental
impact or ecological footprint. The City will improve our sustainability efforts
through an environmentally preferred purchasing program that provides for the
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present generation and needs of the organization while honoring our past and
allowing for the needs of future generations.

71. User Department/Division: The organizational unit which has the authority and
responsibility for determining the need for an item or service, its related
specifications, and need date. The User is responsible for funding the need and
advising Purchasing of the approved funding and the specific budget account
number. The User is responsible for authorizing the purchases of all materials,
services, repairs, leases and rentals in which the negotiated price exceeds the
approved funding.

72. Vendor: Any individual or business conducting business or seeking to do business

with the City; one who sells goods and/or services; a supplier.

II. PROGRAM ROLES AND RESPONSIBILITIES

PURCHASING AGENT (CITY ADMINISTRATOR) & PURCHASING MANAGER ( FINANCE

DIRECTOR) RESPONSIBILITIES

The City Administrator and Finance Director are responsible for establishing overall
policies and procedures to ensure the integrity of the Purchasing Program throughout
the City. Primary Roles and Responsibilities Include:

1. Responsible for overseeing the day to day purchasing activity and ensuring the
City of Roswell Purchasing Policies, Procedures and Ordinance are followed.
2. Reviewing Purchasing Policy violations and determining disciplinary action based
upon the Purchasing Policies, Procedures, and Ordinance
3. Review and approve all requisitions above $25,000. (City Administrator)
4. Review and approve proposed formal solicitations prior to issuance.
5. Review and approve all city contracts
6. Review and approve all change orders. (City Administrator)

PURCHASING DIVISION RESPONSIBILITIES

The Purchasing Division will:

1. Conduct business in compliance with the City’s ordinances and in accordance with
the principles contained in this Purchasing Policy.
2. Serve as a resource for departments in issues of policy and in the day to day
processing of requisitions.

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3. Provide information and procure goods and/or services which meet the user
department’s requirements, ensuring consideration of life cycle costs and
sustainable goods and services.
4. Provide assistance in the preparation of specifications.
5. Process the auditing and review of requisitions to ensure that the Purchasing
Policies, Procedures and Ordinance are being followed.
6. Provide user training on City Purchasing Policies, Procedures and Ordinance.
7. Ensure that contract awards are made to responsible contractors possessing the
ability to perform successfully under the terms and conditions of the proposed
procurement.
8. Utilize approved third party software and train department’s liaisons and agents to
use the software as appropriate.
9. Formally and informally procure goods and services as designated in Section 2.7.11
through 2.7.17 of the Purchasing Ordinance

DEPARTMENT HEAD RESPONSIBILITIES

Department Heads are responsible for ensuring the integrity of purchasing within their
Department by upholding City policies, procedures, and ordinance. All Department
Heads are responsible for overseeing purchasing activity and must have an
understanding of the rules and regulations as contained in the City of Roswell
Purchasing Ordinance and the Purchasing Manual. While the Department Head holds
the responsibility of oversight, administration of the day-to-day activity of the
purchasing process will be reviewed through designation of one or more Department
Liaisons.

Department Head responsibilities include:

1. Maintain knowledge of City of Roswell Purchasing Policy and Procedures and
Ordinance to effectively oversee Purchasing activity within their department.
2. Designate a Department Liaison(s) to review and coordinate the day-to-day
purchasing activity. A back-up Liaison should also be designated and cross-
trained.
3. Review and approve requisitions as part of the purchasing process.
4. Review, approve and participate in any formal solicitation process for the
department as needed.
5. Establish approval and procurement thresholds for staff.
6. Approve Sole Source / Single Source procurements.
7. Designate project manager for departmental projects that require procurement.
8. Provide written determinations for the basis of an emergency purchase.

DEPARTMENT LIAISON RESPONSIBILITIES

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One or more Department Liaisons are assigned the responsibility of reviewing and
coordinating the day-to-day purchasing activities of the employees in their department.
Secondary Department Liaisons should also be designated by each Department Head.
The secondary Department Liaisons are designated as back up to the Department
Liaison and have the same responsibility to review the day-to-day purchasing activities
of the employees in their department in the Department Liaison’s absence.

1. Maintain knowledge of City of Roswell Purchasing Policy and Procedures and

Ordinance to effectively review the requisitions of their department for
compliance.

2. Keep the Purchasing Division informed when staff changes are made that will require
training in regard to purchasing Policies and Procedures.

3. Review requisitions a timely manner in order to facilitate the

purchasing process.

A. Review all documentation to ensure:

 The appropriate back up for the purchase is attached to the requisition.
 The correct org/object allocations is used based on the approved budget
 An e-verify affidavit or Sole Source form is attached where required.

DEPARTMENT AGENT RESPONSIBILITIES

All agents who enter requisitions are essentially purchasing agents for the City of
Roswell should have an understanding of the City Purchasing Policies, Procedures and
Ordinance to effectively enter requisitions for their department.

Agent responsibilities include:

1. Conduct business in accordance with the principles contained in this Purchasing

Policy.
2. Evaluate recycled or environmentally preferable products and services designated
by the Purchasing Division to determine the extent to which the product may be
practicably used by the Department and its contractors based on life cycle costs.
3. Ensure all new printing requested for the Department are approved by the
Community Relations Department.
4. Submit all requests for goods and services in a timely manner in order to allow for
timely response from vendors and to eliminate extra charges for rush items.

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5. Strive to provide full and accurate descriptions of needed supplies and/or services
to avoid misunderstandings.
6. Inform the Purchasing Division in writing when there are problems or changes to
purchase orders or contracts.
7. Obtain at least three (3) quotes for goods or services above $2,500 and below
$25,000 in accordance with the threshold established in the policy.
8. It shall be the responsibility of the User to ensure that purchased Goods are
received, inspected and verified as to condition. Initiate returns as necessary.

DISCIPLINARY ACTION FOR VIOLATIONS

When a Purchasing Policy, Procedure or Ordinance violation is discovered, the

Purchasing Division will investigate the surrounding circumstances and provide findings
to the Finance Director, Department Head, and Department Liaison. Continuous
violations of the established Purchasing Policies, Procedures and Ordinance may result
in disciplinary consequences ranging from the revocation of purchasing authority or
financial software use to termination and criminal prosecution. The Finance Director, in
coordination with Human Resources, will notify the Department Head and City
Administrator of the recommended disciplinary actions.

III. PURCHASING THRESHOLDS

For goods, services, and professional services below $2,500, the agent shall obtain
goods and services most advantageous to the City through direct purchase through the
use of a requisition or p-card.

For goods and services between $2,500 and $25,000, the agent shall obtain, where
possible, at least three written quotes.

For professional services between $2,500 and $25,000, a Quality Based Selection
process will be used. The department head must justify the choice in writing to be
attached to the requisition.

For goods and services between $25,000 and $75,000, the purchasing agent shall
obtain, where possible, at least three written quotes.

For goods and services above $75,000, the purchasing agent will use a formal
procurement process.

For all professional services above $25,000, a Quality Based Selection Process will be
used. The purchasing agent will manage the process.

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 City of Roswell Purchasing Policy

Goods and Services

$ Threshold Purchasing Method Responsibility

>$75,000 Formal Procurement Process Purchasing Agent
$25,000 - $75,000 Three (3) Written Quotes Purchasing Agent
$2,500 - $25,000 Three (3) Written Quotes User Department
<$2,500 Non-Competitive User Department

Professional Services

$ Threshold Purchasing Method Responsibility

>$25,000 Formal QBS Procurement Purchasing Agent
Process
$2,500 - $25,000 QBS Process with Department User Department
Head Justification
<$2,500 Non-Competitive User Department

IV. NON-COMPETITIVE PROCUREMENTS

The provisions of this policy section shall apply to the procurement of goods and
services, when determined to be in the best interest of the City and not in conflict with
the requirements of state law.

A. Sole Source / Single Source Procurement

The City may acquire goods, services, or professional services pursuant to a Sole
Source/Single Source Procurement. Sole Source/Single Source Procurement is
allowable when goods, services, or professional services are limited to one
source, or when they must be obtained from a specific manufacturers' dealer
and valid competition among dealers does not exist. A Sole Source/Single Source
procurement may also be made from one person among others in a competitive
market place, which, for justifiable reasons, is found to be most advantageous
for the purpose of fulfilling the given purchasing need. The purchasing agent may
elect to purchase particular brand name goods or services when the goods or
services comprise a major brand system, program or service previously selected
by the City for standardization due to operational effectiveness, future
enhancements or additions, or maintenance or storage of spare parts precludes
the mixing of brands, manufacture, etc. The User must submit the justification
for the Sole Source/Single source procurement for approval to the Finance
Director or Purchasing Agent.

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 City of Roswell Purchasing Policy

B. Direct Negotiation

Following the completion of a Competitive Award solicitation process that fails

to produce a responsible or responsive Bidder or Proposer, fails to produce a
qualified respondent, or for which all submissions were rejected for any reason,
the City may procure the goods, services, or professional services that were the
subject of such failed solicitation by Direct Negotiation with any provider of such
goods or services when recommended by the City Administrator with
concurrence from legal counsel.

Direct Negotiation will be completed by the Purchasing Agent or designee,

assisted as needed by the User and legal counsel.

C. Emergency Procurement

The City may acquire goods, services or professional services by directly

negotiating award pursuant to an Emergency Procurement. Emergency
purchasing situations occur when there exists an emergency constituting a
threat to public health, safety or welfare or to the soundness and integrity of
public property or to the delivery of essential services and where the diverse
effects of such emergency may worsen materially with the passage of time.

It is understood that, from time to time, occasions arise at departments, which

dictate immediate action to purchase items in order to prevent disruption of
operations. Notwithstanding any other section of this policy, when the City
Administrator determines that an Emergency Situation exists, the Purchasing
Agent may make or authorize others to make emergency procurements for
Goods, Services, construction items, or Professional Services. The City
Administrator shall make such determination when there exists a threat to
public health, welfare or safety under Emergency Situations. Such emergency
procurements shall be made with as much competition as is practicable under
the circumstances.

A written determination by the department head of the basis for the Emergency
Situation and for the selection of the particular vendor shall be included in the
purchase file. As soon as practicable, a record of each emergency procurement
shall be made and shall set forth the contractor's name, the amount and type of
the Contract, a listing of the item procured under the Contract, and the
identification number of the contract file.

If an Emergency Situation should arise after office hours which requires

immediate action for the protection of the best interest of the City or if alike
situation arises on a weekend or holiday and when it is not possible or
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 City of Roswell Purchasing Policy

convenient to reach the Purchasing Agent, any purchase necessary shall be made
by the official in charge of such agency, and such purchase reported to the
Purchasing Agent within 24 hours.

Emergency procurements associated with projects utilizing grant funds will

always follow the established procurement procedures of the grant.

D. Costs Under the Competitive Threshold

The User Department may acquire Goods, Services and Professional Services by
Direct Negotiation or by some other non-competitive method, when the dollar
value of the purchase does not exceed $2,500 and a properly executed and
authorized requisition is received. Under this non-competitive method, the User
Department shall attempt to obtain the Goods, Services or Professional Services
most advantageous to the City, price and other factors considered.

E. Direct Negotiation and other Public Entities and Co-ops

The City may acquire Goods, Services, and Professional Services by Direct
Negotiation or other method involving limited or no competition from a Supplier
having a requirements Contract/Annual Agreement with any public entity (e.g.,
federal, state, county, city, authority, school board, Buying Cooperative, etc.) for
Goods, Services, or Professional Services described in such contract and at prices
or discounts no less favorable than any set forth in such Contracts. Use of
State/Co-Op Contracts: The Purchasing Agent may, independent of the
requirements of bid process of this article, procure supplies, services or
construction items through a Contract established through competitive means
by the purchasing division of the State of Georgia, national Co-Ops (i.e.-U.S.
Communities), and collaborative purchasing agreements with other local
governments when deemed to be in the best interest of the City.

V. COMPETITVE PROCUREMENTS
The purchasing division will determine the procurement method to be used
based on the type and estimated price of the purchase.

The City reserves the right to reject any or all bids if it determines such rejection
to be in the best interest of the City.

Formal Solicitations will generally be solicited on a project-by-project basis. The

User will submit the Scope of Goods and/or Services to Purchasing, who will
then determine which of the competitive processes best suits the purchase.
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 City of Roswell Purchasing Policy

A performance guarantee, such as a Performance Bond or Letter of Credit, may

be required for any solicitation that includes Services to be performed after
consultation with the City Administrator, and others, as necessary.

Periodically, the City may be given private/public grants and donations from
sources such as the State and Federal Government and private corporations.
These types of solicitations may be more restrictive and may dictate the
procurement process and methodology that the City is to follow for an award.
Both federal and state procurement policy supersedes City of Roswell's
purchasing requirements when buying goods and services using federal or state
grant monies. Departments should consult the accounting department regarding
the use of federal and state funds.

A. Invitation to Bids

Invitation to Bids (ITB) are prepared and issued to prospective Bidders, with the
goal of obtaining competitive responses for items costing more than $75,000.

Public notice (such as publication in a newspaper of general circulation or

posting on the Purchasing Division's Internet Web page) of the ITB must be given
a minimum of fourteen (14) calendar days prior to the date set for bid opening
or as required by state and federal law, unless it can be demonstrated that an
urgent requirement for Goods or Services exists, in which instance, the
requirement for public notice may be reduced by the Purchasing Agent.

Bids shall be opened publicly by the Purchasing Agent, or their designee, in the
presence of one or more witnesses at the time and place designated in the
Invitation to Bids. All relevant information, including each Bid amount and
Bidder's name, will be recorded on a summary sheet and signed by the opener
and witness.

A split or partial bid may be awarded, if an ITB is for multiple Goods or Services,
more than one Vendor provides a bid that meets the specifications for the items,
and a price comparison can be made between the items quoted. The award may
be split between more than one Vendor by awarding to the lowest cost provider
of each item or reasonable grouping of items if acquisition, delivery, and other
requirements can be reasonably administered. A Split or Partial Bid Award shall
not be used under the following conditions:

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 City of Roswell Purchasing Policy

a) When the solicitation is for an integrated system and the split of the
award between components or parts of that system would jeopardize
performance; or

b) If the item is part of a system and the performance of that system would
be jeopardized if another brand was substituted.

Tie Bids: In the event two or more identical bids are received, the following
procedure will be used when the basis of award is low bid:

a) To the extent permitted by law, a tie Bidder from a registered business

within the city limits of Roswell would be recommended to the
appropriate approving authority for an award over one without an office
in the City. A registered business within the county limits of Fulton
County would be recommended to the appropriate approving authority
for an award over one without an office in the County. A registered
business within the state of Georgia would be recommended to the
appropriate approving authority for an award over one without an office
in Georgia.

b) If the procedures in (a) do not result in an award, then, the tie Bidders
will be contacted and advised of the tie bid. Bidders will be given the
opportunity to provide a best and final offer in writing submitted in a
sealed envelope to be opened at the time and place stated by City staff. If
one or more of the tied Bidders agrees to participate, award will be made
to the new low bid. If none of the tied Bidders agree to participate or if
the new bids are tied, then City staff shall break the tie by following the
procedures described below, as necessary.

c) If the procedures in (a) and (b) do not result in an award, then, to the
extent permitted by law, a tie Bidder deemed in the City's sole discretion
to provide the most environmentally preferable Goods would be
recommended to the appropriate approving authority for an award over
one deemed environmentally inferior.

d) In the event the above does not result in an award, the City reserves the
right to award to both tie vendors when it is feasible and in the best
interest of the City to do so.

Correction or withdrawal of inadvertently erroneous bids is permitted in

accordance to the terms indicated within the ITB; however, minor irregularities
may be waived by the City. No bid may be withdrawn for a period of one

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 City of Roswell Purchasing Policy

hundred twenty (120) days after the time scheduled for bid opening or as
permissible by State law.

Any bid received after the time and date set for receipt of bids is late. Any
withdrawal or modification of a bid received after the time and date set for
opening of bids, at the place designated for opening, is considered late. Late
bids will be rejected and remain unopened.

Bids will be evaluated based on the evaluation factors set forth in the ITB, which
may include criteria to determine acceptability of Goods (for example,
inspection, testing, quality, workmanship, delivery, and suitability for a particular
purpose). Criteria for the acceptability of Goods shall be used to determine
whether particular Goods are responsive to the Invitation to Bids, and not to
determine the relative desirability between acceptable Goods. The City
reserves the right to waive any informalities or irregularities of bids, to request
clarification of information submitted in any bid, to further negotiate with the
Responsive and Responsible Bidder selected for Contract award, or to reject any
or all bids for any reason whatsoever.

If no Responsive and Responsible Bids are received or all bids are rejected, the
City may procure such Goods and Services by direct negotiation as indicated
below in Non-Competitive Procurement of Goods and Services.

The Bid will be awarded, if an award is made, to the Responsible and Responsive
Bidder offering the lowest price whose bid meets the requirements and criteria
set forth in the ITB. The Bid may require a Contract.

B. Request for Informal Quotes (RFIQ)

Request for Informal Quotes are prepared and issued to prospective Bidders by
the Purchasing Division, with the goal of obtaining competitive responses for
items costing between $25,000 and $75,000 or where below $25,000 the
establishment of a contract is needed for the purchase of a good or service. The
RFIQ clearly defines the scope of the work and contains contractual terms and
conditions. In most cases, the bid award will be made on best price, but the
award may be made in what is determined to be in the best interest of the City.
The RFQ may require the submission of bid samples, descriptive literature, and
technical data and may require inspection or testing of a product before a final
award.

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 City of Roswell Purchasing Policy

C. Request for Proposals (RFP)

When the Purchasing Agent determines the use of an ITB is not practical or not
advantageous because of existing market conditions or the type of items
required, the City may procure Goods, Services, or Professional Services through
receipt of competitive sealed proposals. Competitive sealed proposals are
solicited using an RFP, with the goal of obtaining competitive responses for items
costing more than $75,000.

Public notice of the RFP shall be given in the same manner as the procurement
described in section IV, sub-section A of this policy.

Proposals shall be opened publicly by the Purchasing Agent, or their designee, in

the presence of one or more witnesses at the time and place designated in the
RFP. A register of proposals is prepared that lists each Proposer's name, which
will be signed by the opener and the witness.

Correction or withdrawal of proposals is permitted in accordance with

instructions contained within the RFP. No proposal may be withdrawn for a
period of one hundred twenty (120) days after the time scheduled for proposal
opening or as permissible by State law.

Proposals shall be deemed late in the same manner as the procurement

described in section IV, sub-section A of this policy.

The RFP will identify the criteria to be considered and evaluated as the basis of
award.

Proposals submitted by Responsible and Responsive Proposers are evaluated by

a committee, pursuant to the City’s procedures, based upon the criteria
applicable to the RFP. All proposals (or the most acceptable proposals in the
discretion of the committee evaluating proposals) will be ranked in order of their
acceptability to the City, giving consideration to the criteria. The City has no
obligation to award the Contract to the Proposer who proposes the lowest price.

The City reserves the right to waive any informalities or irregularities of

proposals, to request clarification of information submitted in any proposal, to
further negotiate with a Responsive and Responsible Proposer who has been
selected for Contract award, or to reject any or all proposals for any reason
whatsoever.

The Contract award will be awarded, if award is made, by the City to the
Responsive and Responsible Proposer whose proposal is determined, in the
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 City of Roswell Purchasing Policy

City's exclusive discretion, to be the most advantageous to the City, taking into
consideration price, qualifications, and other factors as indicated in the RFP. The
RFP will contain the basis on which the award is to be made.

If no Responsive and Responsible proposals are received or all proposals are

rejected, at the direction of the City Administrator, the City may procure such
Goods, Services, and Professional Services by direct negotiation as indicated
below in Non-Competitive Procurement of Goods and Services.

D. Online Reverse Auction

The City reserves the right to utilize this procurement method when it is
advantageous to the City. The process will be specified in the Solicitation
Documents.

Quality Based Selections (QBS)

E. Request for Qualifications (RFQ)

Requests for Qualifications (RFQ) may be used when it is determined to be in the

City's best interest to evaluate the experience and qualifications of a Service
provider, without regard to price or prior to considering price.

The procedure for soliciting, opening and evaluating statements of qualifications

shall be the same as described herein for competitive sealed proposals. Service
providers whose qualifications meet the criteria established in the Request for
Qualifications, at the sole discretion of the City, may be considered for Contract
award by participation in the completion of price negotiation. The City shall
attempt to negotiate a fee with the highest ranked firm. If no agreement is
reached, the City shall begin negotiations with the next highest ranked firm.
Negotiations will proceed in this manner until an agreement is reached.
Alternatively, the City may, by Direct Negotiation, finalize terms with service
providers who are selected for award based on qualifications. The City reserves
the right to reject any or all responses for any reason. Clarification of information
may be requested by the City.

The RFQ process will be the method of procurement when the professional
services exceed $25,000 and/or the project costs exceed $1,000,000 for the
procurement of services within the scope of architecture, registered interior
design, professional engineering, land surveying, and landscape architecture as
specified in Section 2.7.17 of the Purchasing Ordinance.

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 City of Roswell Purchasing Policy

F. Multi-step Solicitation

The City may initiate one of the multi-step solicitation processes described below
when: (a) in the City's discretion, it is impractical to prepare an adequate or
complete description of the Goods or Services desired (due to insufficient data,
uncertain requirements, unfamiliar market options, etc.), (b) the City desires to
identify a field of qualified Bidders, Proposers, Goods or Services, out of a
broader field of Bidders, Proposers, Goods or Services, or (c) the City believes a
multi-step process would best serve its purposes.

1) Consecutive Multi-Step Process:

a) The City may request statements of qualifications to be evaluated based on

the criteria in the RFQ for purposes of identifying one or more desirable or
acceptable Goods, Services, or Professional Services or for purposes of
identifying a field of qualified or most qualified Bidders or Proposers

b) After identifying a field of most qualified Bidders or Proposers with the

capability of providing the desirable or acceptable Goods, Services, or
Professional Services, the City may either follow a Competitive Invitation to
Bid (ITB) process or by a Request for Proposal (RFP) process as referenced in
the Competitive Procurement Section above among the field of Vendors
identified as having the capability to meet the City's requirements for the
procurement.

2) Consecutive Multi-Step Process to Award Stand By Purchasing Contracts

A Standby Contract is an agreement between the City of Roswell and an entity

performing a professional or technical service. The use of Standby Contracts will
be at the discretion of the City Administrator. The contract thresholds are subject
to the bidding thresholds established in the City’s Purchasing Ordinance. The
entities selected through this process are intended to create a pool of qualified
vendors to be used on a rotational basis, or with the Informal Procurement
Process.

a) When it is in the best interest of the City to have pre-qualified, Stand By

Purchasing Contracts because of the need to provide quick-response,
repetitive Services or a range of Services or Professional Services within a
specific field of expertise, the City may use Consecutive Multi-Step
Procurement Process to identify one or more Stand By Contractors. The
purpose is to identify one or more Stand By Contractors that demonstrate

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 City of Roswell Purchasing Policy

the ability to perform a particular type of Service during a specified Contract

period.

b) Contract award - The multi-step solicitation shall specify the general types of
Services required, the selection process to be used, and the selection criteria
for award of the Stand by Contract.

c) Award of a specific scope of work to a Stand By Contractor - During the term

of the Stand By Contract(s), specific scopes of work may be developed and
awarded to Stand By Contractor(s), by Amendment to such Stand By
Contract(s), provided that the specific scope of work is consistent with the
general types of Services upon which award of the Continuing Contract(s)
was made. On an annual basis the maximum contract amount shall not
exceed $1,000,000 with task order approval through the City Administrator.

d) Except when the stand by contract is for the procurement of services within
the scope of architecture, registered interior design, professional
engineering, land surveying or landscape architecture as referenced in
Section 2.7.17 of the Purchasing Ordinance and when there is more than
one Stand By Contractor available to perform the specific scope of work
defined, the process for award of the work is set forth below:

i) Work may be rotated during the Contract period between the Stand By
Contractor(s) that were selected to perform the general type of Services
required; or,

ii) Quotations, Bids or proposals may be requested from the prequalified

Stand by Contractors that were selected to perform the general type of
Services or Professional Services required. The City may select the Stand
By Contractor whose quotation, bid, or proposal is deemed to be most
advantageous to the City to perform the specific scope of work required.

City Departments shall use the list of approved Stand By Contractors. A user
department may choose to either use a rotation or informal bid process as referenced
above when using a Standby Contract. The choice of the department will remain in
effect for the term of the contract. This procurement strategy should allow vendors fair
and consistent access to projects, improve quality of service delivery and generally
increase the efficiency and cost-effectiveness of the procurement process. The vendor
rotation process shall include the list of the qualified vendors selected through
procurement process to perform the work. The department will maintain a list of the
qualified vendors and rotate through each vendor on an established basis.

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The informal bid process shall include the list of the qualified vendors selected through
the procurement process to perform the work. This procurement strategy will require
the departments to obtain at least three quotes for work above $2,500 and below the
formal bid threshold.

All qualified vendors should be given equal access to projects, and through transparent
monthly reporting a list of projects, vendor(s), awards, and purchase amount shall be
maintained. If a vendor declines the project a written record shall be maintained, and
the vendor shall be invited the next time the vendor’s name is in the rotation.

For the professional stand by contracts, the department head will be responsible for
providing the determination of the professional selection.

VI. PROTESTS

A. Submission of Protest

Subject of Protest and Time for Filing a Protest - If a vendor or Bidder is aggrieved by
any aspect of a solicitation, the vendor or Bidder can choose to protest in
accordance with this section.

Bidders may protest the contract award in connection with the bid/RFP on which the
Bidder has submitted a bid/proposal. Any such protest by a Bidder must be filed no
later than ten (10) calendar days following the date of the notice to award in order
to have the protest considered.

Protests pertaining to events or facts arising during the solicitation process,

including but not limited to specifications, must be filed no later than three (3)
business days prior to the bid opening or proposal due date in order to have the
protest considered.

B. Format of Protest

 The name and address of the Protestor;

 Appropriate identification of the solicitation, and, if a contract has been
awarded, its number;
 A statement of reasons for the Protest; and

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 City of Roswell Purchasing Policy

 Supporting exhibits, evidence, or documents to substantiate any claims

unless evidence is not available within the filing time; in which case the
expected availability date shall be indicated.

C. Filing a Protest of Bid Procedure

A written statement of protest pertaining to events or facts arising during the

solicitation process signed by a company officer, authorized to sign contracts on
behalf of the vendor, must be received by the Purchasing Division no later than
three (3) calendar days prior to the bid due date. Failure to file a protest by the
time required may be deemed a waiver of any grounds the vendor or Bidder has to
protest. All inquiries received after the bid award are welcome and will be fully
investigated. However, the inquiry will not be considered a formal protest.

D. Filing a Protest of Contract Award

A written statement of protest of contract award signed by a company officer,

authorized to sign contracts on behalf of the vendor, must be received by the
Purchasing Division no later than ten (10) calendar days following the date of the
notice to award or issuance of purchase order. Failure to file a protest by the time
required may be deemed a waiver of any grounds the vendor or Bidder has to
protest. All inquiries received after the ten (10) day period are welcome and will be
fully investigated. However, the inquiry will not be considered a formal protest.

E. Stay of Procurement During Protest

When a Protest pertaining to events or facts arising during the solicitation process,
(example: protests concerning specifications and evaluation criteria), has been filed
no later than the three (3) business days prior to the bid opening or proposal
deadline date, the Purchasing Division shall suspend the award of a contract until a
final decision has been issued, unless the Purchasing Division makes a written
determination, after consulting with the issuing department, that awarding the
contract without delay is necessary to protect the best interests of the City.

When a Protest has been filed in a timely fashion within ten (10) calendar days
following the issuance of a contract notice of award, the Purchasing Division shall
consult with the department to determine if performance of the contract without
delay is necessary to protect the best interests of the City. If it is determined that it
is necessary to proceed with a contract without delay, the Bidder/Offeror that
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receives the contingent contract may proceed with performance and receive
payment for work performed in strict accordance with the terms of the contract;
however, such Bidder/Offeror shall not be entitled to reimbursement for any capital
outlay costs, or other up front expenditures incurred in performing the contract.

F. Decision by Purchasing Division

Time for Decisions A recommendation will be made by the Purchasing Division to

the City’s attorney as expeditiously as possible after receiving all relevant requested
information in regard to the Protest filed. After consultation with the City Attorney,
the Purchasing Division will notify the bidder in writing of the decision no later than
thirty (30) days after all necessary paperwork is filed.

If a Protest is sustained, available remedies may include one of the following:

a. For a protest sustained prior to an award, modification of the solicitation

document, including but not limited to specifications, terms and conditions
and evaluation criteria; and extension of the opening date, if appropriate.
b. For a protest sustained after an award is made, suspension or cancellation of
the award, re-evaluation and re-award or re-solicitation with appropriate
changes to the new solicitation document.

G. Request for Formal Review

a. Subject of Request for Formal Review and Time for Filing If a protestor

disagrees with the decision submitted by the Purchasing Division, the

protestor must request a formal review of the decision by the Protest Review
Committee (consisting of the City’s Legal Counsel, Finance Director, and the
City Administrator) within three (3) days of receipt of certified letter of the
date of the decision. The request for formal review shall contain a
detailed statement of the factual and legal grounds upon which reversal or
modification is deemed warranted, specifying any errors or concerns in the
Purchasing Division’s decision.

b. Final Decision The decision of the Protest Review Committee will stand as
the City’s final decision.

VII. GUIDELINES FOR PROMOTING SUSTAINABILITY THROUGH THE

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PURCHASING PROCESS

The City is a significant consumer of goods and services. The City desires to encourage
the procurement of sustainable and environmentally preferred products and services.
The City of Roswell Mayor and Council have resolved that the city will take an active role
to promote the analysis of life cycle costs for products and services to encourage
protection of the environment by showing preference for the procurement of
sustainable products and services for the use in city operations.

A. In general, environmentally preferable products and services are those that

would reduce negative effects on human health and environment when
compared with the competing products and services. More specifically, this
comparison would include consideration of all phases of the product's life cycle,
including raw materials acquisition, production, manufacturing, packaging,
distribution, operation, maintenance and disposal, including potential for reuse
or ability to be recycled.

B. In practice, the objective is to purchase products that have been environmentally

certified or eco labeled because they have reduced environmental impact due to
the way they are made, used, transported, stored, packaged and disposed. It
means looking for products that do not harm human health, are less polluting
and that minimize waste, maximize use of bio-based or recycled materials,
conserve energy and water, and reduce the consumption of and disposal of
hazardous materials.

C. Reports will be provided to City Council on an annual basis to track the success of
the environmentally preferable purchasing program that accounts for life cycle
costs and gives preference to products that are recycled, recyclable and
otherwise more environmentally friendly than traditional products; purchase
Energy Star rated equipment and appliances when possible to do so and,
purchase recycled copy, computer, and fax paper with at least thirty (30) percent
recycled content whenever the use of the paper makes it possible to do so.

VIII. PROCUREMENT CARD (P-CARD) PROGRAM (Separate Attachment)

IX. SURPLUS DISPOSAL POLICY (Separate Attachment)

X. QUALIFICATIONS BASED SELECTIONS FOR PROJECTS USING FEDERAL

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AID HIGHWAY PROGRAM (FAHP) FUNDING (Separate Attachment)

XI. CONTRACT ESTABLISHMENT PROCESS (Separate Attachment)

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