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How Local Governments Buy
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.


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1300 Courthouse Road, P.O. Box 339, Stafford, Virginia 22555-0339
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