Purchases are generally classified by each government depending on the total
value of the purchase. The general classes for purchase are:
1. No Bidding or Open Market Small Purchases: No bid or Open Market
Small Purchases are limited in dollar amount to anywhere up to $2,500 but
usually average at about $1,000. To obtain goods and services under this "No
Bid" process, buyers need only call and obtain a price from a local vendor known
to stock the particular commodity. To get this fast, uncomplicated and
profitable business, you must be known to the local government and, preferable,
have successfully participated in competitive bidding for that local government.
A considerable amount of this open market business is done "over the counter" at
the vendor's shop.
2. Informal Bids/Quotations: Many local governments require "informal"
competition on purchases from $2,500 up to approximately $5,000, depending on
individual local ordinance or regulations. Most purchases are in this range and
vendors should concentrate their efforts in this area. These bids are usually
called "Quotations" and are solicited through the mail or by telephone. The term
"informal" means that there are seldom detailed specifications, the bid is not
advertised and the price is below "formal" bidding limits.
3. Formal Bids: Bids for goods and services over $25,000 require
"formal" processing. That is, a legal advertisement is prepared, bids are
advertised and sent to everyone on a commodity vendor list. Formal bids are
usually awarded by the Board of Supervisors. The paperwork on formal bids
may appear complex to the inexperienced vendor and, partly because of
this, competition is slight in selling larger orders to local
governments. The vendor who does the necessary few extra minutes of
research will usually find out that competition is with very few other vendors.
It is not unusual for a local government to request bids from fifty vendors and
receive only two or three bids. The reasons include such factors as (a), the
vendors on the bid list were not the right vendors for the particular good or
service being purchased, (b), the ads placed did not reach the desired vendors,
(c), the specifications were unclear or restrictive or, (d), the complexity of
the required paperwork discouraged participation. These are not unusual
problems. That is why vendors who understand local governments usually prosper.
4. Emergency Purchases: The head of the using department initially
determines in writing whether an emergency exists which justifies the
application of these provisions, and shall make a written determination of the
basis for the emergency and for the selection of the particular contractor. The
Purchasing Officer shall issue a written notice stating that the contract is
being awarded on an emergency basis, and identifying that which is being
procured, the contractor selected, and the date on which the contract was or
will be awarded. This notice shall be posted in a designated public area or
published in a newspaper of general circulation on the day of award or
announcement of the decision to award the contract, whichever occurs first, or
as soon thereafter as is practicable. If, upon subsequent review, the Purchasing
Officer personally determines that no emergency actually existed, he shall
proceed under the regulations pertaining to unauthorized procurements. Prior
authorization for emergency procurements shall be obtained from the Purchasing
Officer personally whenever possible.
5. Sole Source Purchases: Sole source procurements shall be exempt from
the regulations for competitive bidding. Where services or supplies are only
available from a single source, either because of legal requirements,
specific patents or copyrights, peculiar qualifications and skills, or
technical specifications, or other reasons, the Purchasing Officer may obtain
such supplies or services from the sole source. It shall be the responsibility
of the using department to justify the need for sole source procurement. Upon
receipt of written documentation from the using department that there is only
one source practicably available for that which is to be procured, a contract
may be negotiated and awarded to that source without competitive sealed bidding
or competitive negotiation. The Purchasing Officer shall issue a written notice
stating that only one source was determined to be practicably available, and
identifying that which is being procured, the contractor selected, and the date
on which the contract was or will be awarded. This notice shall be posted in a
designated public area or published in a newspaper of general circulation on the
day of award or announcement of the decision to award the contract, whichever
occurs first. The Purchasing Officer or his designee is authorized to enter into
direct negotiations with the sole source supplier to obtain such terms and
conditions as he may determine to be in the best interest of the County.
6. What are the criteria for award? Many times, vendors make the common
error of thinking that a bid is to the lowest bidder-period! This is not
always the case. The rules for award are spelled out in the regulations.
Normally, the regulations require that the agent consider the reputation of the
bidder, the bidder's ability to perform, experience with the local government,
financial status, skill, prior performance experience, ability to perform
maintenance and service in the future and similar qualifiers. Be familiar with
these award guidelines.
7. Other information in the regulations: Other information usually
included in the purchasing regulations are protest procedures, ethics,
requirements of the formal bid process, minority business procedures, dollar
limits of each type of purchase authority and duties of the agent.
8. What else is available? Most local government purchasing officers
are required to publish a manual on how they operate their departments. Copies
are available and are a part of the public record. (You may have to pay a
nominal copying charge for these and other documents requested.) Local
government purchasing procedures vary greatly as a result of the different
purchasing ordinances, resolutions and regulations under which local governments
operate. Unlike the federal government which generally procures under the terms
of the Federal Acquisition Regulation, each local government enacts procedures
which are tailored to its individual needs. When you start on your campaign for
local government business, be certain that a review of the purchasing
regulations is included in your checklist. Your success with a local government
can depend on your familiarity with the regulations which are the final word on
its purchasing matters. Copies of "Stafford County Purchasing Ordinances" are
available from the Purchasing Department.