UPDATED JANUARY 2021 2 - Hawaii County, HI Research ...
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TABLE OF CONTENTS SECTION TITLE PAGE 1.0 INTRODUCTION 3 2.0 DEFINITIONS 3 3.0 AUTHORITY 5 4.0 ETHICAL PROCUREMENT 5 5.0 PURCHASING DOLLAR THRESHOLDS 5 6.0 PURCHASING METHODS 6 6.1 Small Purchase 6 6.2 Invitation for Bids 8 6.3 Request for Proposals 9 6.4 Sole Source 10 6.5 Emergency Purchase 11 6.6 Professional Services 12 6.7 Procurements Exempt from Competition 13 7.0 PRICE TERM AGREEMENTS 14 8.0 COOPERATIVE PURCHASING / 14 VENDOR LIST CONTRACTS 9.0 PROCUREMENT TIMELINE 15 10.0 ELECTRONIC PROCUREMENT 16 11.0 PAYMENT TYPES 16 12.0 PROCUREMENT VIOLATION 18 13.0 GENERAL TERMS AND CONDITIONS 19 14.0 REQUISITIONS 19 15.0 INVOICE PAYMENTS 25 16.0 INSURANCE 30 17.0 CIVIL SERVICE REQUIREMENT 31 18.0 VENDOR PERFORMANCE 31 19.0 PROCUREMENT DELEGATION 32 20.0 GRANTS 32 21.0 STANDARDIZATION COMMITTEE 33 22.0 TRAINING 33 23.0 DEALING WITH SALESPEOPLE 34 24.0 PURCHASING DIVISION CONTACT 34 INFORMATION 25.0 EXHIBITS 36 1. Procurements Approved for Sole Source (HAR 2-122) 2. Request for Sole Source Form 3. Cost and Pricing Analysis Information 4. Request for Emergency Procurement 5. Negotiated Procurement of Professional Services Checklist (Contracts Greater than $25,000.00) 1
6. Informal Negotiated Procurement of Professional Services Checklist (Contracts Less than $25,000.00) 7. Professional Services Data Form (F-111P) 8. List of Exempt Procurements (103D-102) 9. List of Exempt Procurements (HAR 3-122-81) 10. Request for Exemption Form 11. Contract Routing Form 12. Change Order and Supplemental Agreement Routing Form 13. Finance Department Memorandum No. 16-08 Purchase of Alcohol 2
1.0 INTRODUCTION The Purchasing Manual has been created to provide general information and guidance to County of Hawai`i departments and agencies that purchase goods and services. The Purchasing Division, the central purchasing authority of the County, is responsible for ensuring compliance with the purchasing requirements contained within this manual, procuring goods and services, and providing procurement assistance to departments and agencies as needed. 1.1 In addition to this Purchasing Manual, purchasing information and forms can be found on the Purchasing Division’s internet page and Finance Department’s intranet page. Along with this information, please contact the Purchasing Division directly at purchasing@hawaiicounty.gov, 808-961-8231, or by using the individual’s contact information at the end of this manual. 1.2 The purchasing rules and regulations contained within may not govern every purchasing situation which may arise. In the event a specific purpose is not covered by these guidelines, contact the Purchasing Agent to discuss your particular situation. 2.0 DEFINITIONS 2.1 "Award" means the written notification of the County's acceptance of a bid or proposal, or the presentation of a contract to the selected offeror. 2.2 ''Brand name or equal specification'' means a specification which uses one or more manufacturer's names or catalogue numbers to describe the standard of quality, performance, and other characteristics needed to meet requirements, and which provides for the submission of equivalent products. 2.3 "Brand name specification'' means a specification limited to one or more items by manufacturers' names or catalogue numbers, commonly referred to as a restrictive specification. 2.4 "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. 2.5 “County” means the County of Hawai`i, including its departments and agencies. 2.6 "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. The term includes the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. 2.7 "Contract" means all types of agreements, regardless of what they may be called, for the 3
procurement or disposal of goods or services, or for construction. 2.8 "Contractor" means any person having a contract with the County. 2.9 ''Design specifications'' means the dimensional and other physical requirements of the item being purchased, how a product is to be fabricated or constructed. 2.10 "Employee" means an individual drawing a salary from the County, whether elected or not, and any non-compensated individual performing services for any governmental body. 2.11 "Goods" means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. 2.12 "Grant" means the furnishing of assistance, whether financial or otherwise, to any person to support a program authorized by law. The term does not include an award whose primary purpose is to procure an end product, whether in the form of goods, services, or construction; a contract resulting from such an award is not a grant but a procurement contract. 2.13 "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids. 2.14 "Pcard" means a purchasing card or charge card, with predetermined limitations, used by government agencies in place of cash or purchase orders for the purchase of goods, services, or construction. 2.15 ''Performance specifications'' means the functional or performance requirements of the item, what a product does and how well it performs. 2.16 "Professional services" means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. 2.17 ''Quotation'' means a statement of price, terms of sale, and description of goods, services, or construction offered by a prospective seller to a prospective purchaser, usually for purchases pursuant to section 103D-305, HRS. 2.18 "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. 4
2.19 "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. 2.20 "Specifications" means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. The term includes descriptions of any requirement for inspecting, testing, or preparing a good, service, or construction item for delivery. 3.0 AUTHORITY Purchases of goods or services as described with this Purchasing Manual are written in accordance with Hawai`i Revised Statute (HRS) 103D and Hawai`i Administrative Rules (HAR) 3-120 through 3-132. In addition, the Purchasing Manual references and follows requirements from the Hawai`i Administrative Rules, County of Hawai`i County Code, and Finance Director Rules. The Purchasing Manual meets all requirements relating to procurement within the State of Hawai`i, and in some instances is more stringent than the State requirement. 4.0 ETHICAL PROCUREMENT All purchases made by County of Hawai`i employees shall be in accordance with County Code Chapter 2 Article 15 as well as the State Procurement Code’s Procurement Code of Ethics, HAR 3-131-1.02. As stewards of public money, it is imperative all purchases are made in accordance with applicable rules and procedures, are transparent, and are the best value for the County. 4.1 A good rule of thumb is when making a purchase, consider how it would look on the front page of the newspaper, or how you would feel explaining it to a close family member or friend. If you are unsure or uncomfortable, contact your supervisor or the Purchasing Division for guidance. 4.2 Effective July 1, 2016, officers and employees of the County, or a business in which an officer or employee or their immediate family has a controlling interest, must obtain an opinion from the Ethics Board that there is no conflict of interest resulting from their position with the County. If the opinion is not obtained prior to the procurement of goods or services through the Invitation for Bids or Request for Proposals methods, a copy of the letter or petition requesting review can be submitted with the procurement documents. (Ordinance No. 15-103) 5.0 PURCHASING DOLLAR THRESHOLDS Below is a chart outlining the various purchasing methods based on the amount of the anticipated purchase(s). Departments and agencies are to consider the KNOWN estimated amount/quantity of the purchased item(s) for the entire fiscal year when 5
determining the appropriate purchasing method. A detailed explanation of each of the purchasing methods is contained within this manual. Amount Purchasing Method $0-$1,000.00 Small Purchase - Departments to Procure, Purchasing Division can assist as needed. $1,000.01-$50,000.00 Small Purchase - Purchasing Division to procure. $50,000.01 and greater Formal Procurement - Purchasing Division to procure. 6.0 PURCHASING METHODS The six purchasing methods the County of Hawai`i can use to procure goods and services are: 6.1 Small Purchase Purchases of goods and services up to $50,000.00 are to be procured using the small purchase method. Tax and shipping costs shall be included in the amount to determine the correct purchasing method. 6.1.1 Purchases between $0-$1,000.00 may be processed by the department or agency. Those making the purchase are requested to shop around for the best available price by obtaining competitive written or verbal quotes. Quotes received do not have to be submitted when processing payment. Payment is to be made by invoice or pCard and processed through the Eden invoice system. Exceptions 1. Printing: All printing of forms, letterheads, envelopes and business cards shall be procured by either using the applicable price term agreement or if not on a price term agreement, submitting a requisition. The Purchasing Division can pre-approve departments and agencies to acquire printing less than $1,000.00 for printing projects of a time sensitive nature. 2. Purchase of an item listed on a current Price Term Agreement from another vendor, unless prior approval from the Purchasing Division is given. 3. Purchases in violation of the County’s Ethic’s Ordinance (County Code Chapter 2 Article 15) or State Procurement Code’s Procurement Code of Ethics (HAR 3-131- 1.02) shall not be made. 4. Tree trimming shall be procured by the Purchasing Division at any amount. 6
5. Departments and agencies are to contact the Automotive Division to obtain a list of approved bodywork vendors. Based upon the cost, competitive quotes are required in accordance with established purchasing policies stated within this manual. 6. Alcohol shall not be purchased in accordance with Finance Director Memorandum No. 16-08, a copy of which can be found as Exhibit 13 at the end of this manual. 6.1.2 Purchases between $1,000.01 - $50,000.00 shall be conducted by the Purchasing Division, unless delegated by the Chief Procurement Officer or otherwise permitted within this Purchasing Manual. Purchases conducted by the Purchasing Division shall be made using the County’s e-procurement system, unless determined otherwise by the Purchasing Agent as permitted in Section 6.1.3 below. Request for quotes will be posted for a minimum of three (3) days, or less if approved by the Purchasing Agent. 6.1.3 If no quotes were received using the e-procurement system, or the Purchasing Agent agrees the use of the e-procurement system is not practical, written quotes shall be solicited. To ensure reasonable competition, all known vendors shall be solicited for the purchase, with a minimum of three (3) quotes received, or written documentation if less than three (3) quotes are received. All documentation shall be kept in the procurement file. 6.1.4 To request the purchase of a good or service by the Purchasing Division, the department or agency shall submit a requisition in the Eden system, attaching detailed specifications of the goods or services to be obtained. Types of specifications may include design, performance, brand name or equal, etc. 6.1.5 Small purchasing procedures require the lowest quote that meets the quote’s requirements be selected, unless sufficient justification exists to accept the next lowest quote, and so forth as necessary. Such justification as delivery time, warranty, quality of product, etc. may be considered in the selection, which SHALL be documented in the file as being in the best interest of the County of Hawai`i. 6.1.6 Air Travel: Departments or agencies are required to obtain, with or without the assistance of a travel agent, three (3) written quotes for the purchase of airfare greater than $1,000.00. The three (3) written quotes must be obtained within a three (3) day period and not only from the same airline. 1 For example, airline quotes from United, Delta and Hawaiian or website such as Travelocity, Expedia and Priceline would be acceptable, while contacting Hawaiian Airlines directly for a Hawaiian flight at 9:00 am, Hawaiian flight at 11:00 am and Hawaiian flight at 1:00 pm would not be acceptable. 7
2 Although quotes for purchases under $1,000.00 are not required to be submitted when processing payment, those making the purchase are requested to solicit competitive written, verbal or internet quotes to obtain the best available pricing. 3 If an employee takes personal travel before, after or during the official County business trip, the employee must obtain a fourth quote (personal travel) and pay the difference between the lowest official County business trip cost and the personal travel costs. The fourth quote must also be obtained within the three (3) day period when the other quotes were obtained. Copies of the written quotes must be scanned and attached to the Eden invoice for payment. 4 For purchases that requires HCE compliance, the Purchasing Division will maintain a list of compliant travel agents for use, which can be found on the intranet. 6.1.7 If the purchase of a good or service is unique, not typically within the scope of work / services provided by the department or agency, a Request for Adjustments and Exceptions (RAE) is required to be approved and attached to the Eden requisition or invoice. An example would include food or refreshments for employees / volunteers, or travel costs for a non-county employee. RAE forms can be obtained from the Finance Department intranet page, and are to be submitted to the Finance Department Administration for approval. Approved RAE’s greater than $1,000.00 shall require written quotes or bids in accordance with established purchasing policies. RAE approval numbers, not a copy of the form, are to be included on the Eden requisition or invoice for processing. 6.1.8 Purchases made in the amount of $2,500.00 or greater require proof of compliance with 103D-310(c), HRS. The purchaser shall ensure compliance by verifying compliant status at time of award by printing the Hawaii Compliance Express (HCE) certificate and keeping a copy in the procurement file. Awards shall not be made until the vendor’s HCE certificate is shown as compliant. REFERENCE: HRS103D-305, HAR 3-122 Subchapter 8 6.2 Invitation for Bids (IFB) “Competitive Sealed Bids” Purchases greater than $50,000.00 shall be solicited competitively using the Invitation for Bid (or competitive sealed bid) process by the Purchasing Division, unless otherwise specified within the Purchasing Manual. This includes price term agreements whereby the County estimates its annual need for routine goods or services and obtains pricing, but does not commit to any purchase amount. 6.2.1 Invitation for Bids shall be processed using the County’s e-procurement system, unless determined otherwise by the Purchasing Agent. In addition, the invitation for bids will be posted in accordance with all State of Hawai`i requirements. 8
6.2.2 To request the purchase of a good or service, the department or agency shall submit a requisition in the Eden system, attaching detailed specifications of the goods or services to be obtained. Types of specifications may include design, performance, brand name or equal, etc. For price term agreements, a requisition is not submitted, but the Purchasing Division is contacted directly with the required information. 6.2.3 Purchases made in the amount of $2,500.00 or greater require proof of compliance with 103D-310(c), HRS. The purchaser shall ensure compliance by verifying compliant status at time of award by printing the Hawaii Compliance Express (HCE) certificate and keeping a copy in the procurement file. Awards shall not be made until the vendor’s HCE certificate is shown as compliant. REFERENCE: HRS103D-302, HAR 3-122 Subchapter 5 6.3 Request for Proposals (RFP) “Competitive Sealed Proposals” The request for proposals (or competitive sealed proposals) process is used when a proposal is requested based on performance criteria, in the absence of detailed specifications, or price is not the primary factor in its selection. The Chief Procurement Officer must make the written determination that competitive sealed bidding is not practicable or advantageous prior to conducting the request for proposals. 6.3.1 The request for proposals process is administered by the Purchasing Division with the assistance of an evaluation committee selected by the department. Proposals will be evaluated and awarded based on criteria listed in the request for proposals document. 6.3.2 Request for proposals shall be processed using the County’s e-procurement system, unless determined otherwise by the Purchasing Agent. In addition, the request for proposals will be posted in accordance with all State of Hawai`i requirements. 6.3.3 To initiate a request for proposals, a requisition shall be submitted in the Eden system, by the department or agency for the estimated amount, along with attaching the draft request for proposals document or scope of work. 6.3.4 Purchases made in the amount of $2,500.00 or greater require proof of compliance with 103D-310(c), HRS. The purchaser shall ensure compliance by verifying compliant status at time of award by printing the Hawaii Compliance Express (HCE) certificate and keeping a copy in the procurement file. Awards shall not be made until the vendor’s HCE certificate is shown as compliant. REFERENCE: HRS103D-303, HAR 3-122 Subchapter 6 6.4 Sole Source In instances where a good or service is only available from one source, the department or agencies can use the sole source purchasing method, contingent on the following: 9
6.4.1 Pre-Approved: The Hawaii Administrative Rules contain a list of pre-approved sole source procurements that can be used in the purchase of goods or services. This list can be found in the exhibit section of this manual, or the Finance Department intranet page. If a pre-approved sole source is used, prior Purchasing Division approval can be obtained, but is not required. The following language is required to be included on either the Eden invoice or requisition; “Approved for Sole Source Pursuant to Section 3-122-81(cite sole source number), Hawaii Administrative Rules.” 6.4.2 Non Pre-Approved: If the requested sole source is less than $5,000.00, the department or agency can write a memo pursuant to Finance Director Rule 4.8(a) requesting approval, addressed and sent to the Purchasing Agent. The memo should list what is being purchased, the vendor, the amount of the purchase, explanation of why it can only be procured from one source, and a determination the price the County is paying is not more than what others would pay. Documentation from the manufacturer verifying the item or service as a sole source should be attached. A sample memo is available on the Finance Department intranet page. 6.4.3 If the requested sole source is more than $5,000.00, but less than $25,000.00, the department or agency can write a memo pursuant to Finance Director Rule 4.8(b) requesting approval, addressed to the Finance Director and routed first to the Purchasing Agent. The memo is to address what is being purchased, the vendor, the amount of the purchase, explanation of why it can only be procured from one source, and a determination the price the County is paying is not more than what others would pay. Documentation from the manufacturer verifying the item or service as a sole source should be attached. A sample memo is available on the Finance Department intranet page. 6.4.4 If the requested sole source exceeds $25,000.00, the department or agency shall submit a formal Request for Sole Source, completed, to the Purchasing Agent for posting. In addition, if the requested sole source exceeds $100,000.00, the department or agency shall submit a complete Cost and Pricing Analysis with the request for sole source document. Both documents can be found as an exhibit in this manual or on the Finance Department’s intranet page. After posting the document for the required seven (7) days, the Chief Procurement Officer can approve the request, and return it to the department or agency for further processing. 6.4.5 Purchases made in the amount of $2,500.00 or greater require proof of compliance with 103D-310(c), HRS. The purchaser shall ensure compliance by verifying compliant status at time of award by printing the Hawaii Compliance Express (HCE) certificate and keeping a copy in the procurement file. Awards shall not be made until the vendor’s HCE certificate is shown as compliant. REFERENCE: HRS103D-306, HAR 3-122 Subchapter 9 6.5 Emergency Purchase 10
6.5.1 An emergency procurement is a good, service or construction which is essential to meet an emergency when all the following conditions are met: 1. A situation of unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or such other reason as may be determined; and 2. The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the County would be seriously injured if not allowed to obtain the goods, services or construction; and 3. Without the needed goods, services or construction, the continued functioning of the County, the preservation or protection of irreplaceable property, or the health and safety of any person would be seriously threatened. 6.5.2 The emergency procurement must be as a result of a situation that was unforeseen or unanticipated and may only be used to purchase the immediate need for the emergency and not subsequent non-emergency requirements. 6.5.3 A potential loss of funds is not a sufficient reason for an emergency procurement. 6.5.4 Once it is determined an emergency procurement exists, the department shall seek such competition as practical. Unless otherwise instructed, the department shall obtain a minimum of three written (3) quotes for the purchase to be considered as an allowable Federal reimbursement, which shall include a written scope of work. If no quotes were obtained, the department shall provide adequate justification why quotes could not be obtained. 6.5.5 During the County’s regular business hours of operation, the department shall obtain approval to make an emergency purchase from the Purchasing Agent if the expected purchase amount exceeds $5,000.00, and from the Finance Director if the amount exceeds $25,000.00. If the emergency occurs after hours or on a weekend/holiday, the department may, after seeking such competition as may be practical, obtain materials, supplies, equipment or services directly from the most practical source and immediately thereafter submit all required documentation for approval as necessary. A written explanation of the emergency shall be submitted in addition to the other required documentation for approval. 6.5.6 For each emergency procurement, department shall complete a “Request for Emergency Procurement” form which can be found as an exhibit in this manual or on the Finance Department intranet page. The approved form, along with all supporting documentation, shall be submitted with all requests for payment relating to the emergency. 11
REFERENCE: HRS103D-307, HAR 3-122 Subchapter 10 6.6 Professional Services Departments are to use the professional services procurement process when obtaining the services of professional engineers, architects, surveyors and landscape architects. In addition, departments may use the professional service selection process, but are not required to do so for: real property appraisal, law, accounting, public finance bond underwriting, public bond investment banking, or any other practice defined as professional by the laws of the State or the professional and scientific occupation services contained in the United States Office of Personnel Management’s Qualifications Standards Handbook. 6.6.1 Each May the Purchasing Division sends out to departments a notice for the annual advertisement for providers of professional services. Those professional service providers that return their information will be evaluated by the applicable department’s review committee (minimum of 3 people) to determine if the provider is qualified to perform the services. If so, the department will add the provider to a qualified provider list for the upcoming fiscal year. Additional evaluations throughout the fiscal year may be held to evaluate new providers as necessary. 6.6.2 When the need for the procurement of professional services arises, the department will form a selection committee (minimum of three people) to review a minimum of no less than three providers. The Professional Services procurement method cannot be used if there are less than three providers in the requested category. The selection team members must have adequate knowledge of the type of service to be selected, and if not an employee of the County, complete the applicable affidavit form. Department or deputy department heads are not to serve on the selection committee. 6.6.3 If the anticipated amount of the procurement is equal to or exceeds $25,000.00, or is for the procurement of professional engineers, architects, surveyors and landscape architects, the selection committee shall complete all forms and attachments for documents referencing NEGOTIATED PROCUREMENT OF PROFESSIONAL SERVICES CHECKLIST (Contracts greater than or equal to $25,000.00), a blank copy which can be located as an exhibit in this manual or on the Finance Department’s intranet page. 6.6.4 If the anticipated amount of the procurement is less than $25,000.00 the selection committee is to complete all forms and attachments for documents referencing INFORMAL NEGOTIATED PROCUREMENT OF PROFESSIONAL SERVICES CHECKLIST (Contracts less than $25,000.00), a blank copy which can be located as an exhibit in this manual or on the Finance Department’s intranet site. This form is not to be used for the procurement of professional engineers, architects, surveyors and landscape architects at any amount. 12
6.6.5 The completed forms as required in sections 6.6.3 or 6.6.4 must be approved and signed by the department’s director. Once approved, the department can pay by invoice or submit a requisition for services less than $25,000.00 (uploading the approved forms in Eden), or include the approved forms, the contract routing form with department approvals, and the contract to be routed for the Mayor’s signature for services greater than $50,000.00. 6.6.6 Professional services procurements that equal or exceed $5,000.00 are to be posted on the County’s website within seven (7) days of contract award. Departments are to complete the Professional Services Data Form (F-111P), which can be found as an exhibit in this manual or on the Finance Department’s intranet page, and submit it with the professional services procurement forms listed above. 6.6.7 Purchases made in the amount of $2,500.00 or greater require proof of compliance with 103D-310(c), HRS. The purchaser shall ensure compliance by verifying compliant status at time of award by printing the Hawaii Compliance Express (HCE) certificate and keeping a copy in the procurement file. Awards shall not be made until the vendor’s HCE certificate is shown as compliant. REFERENCE: HRS103D-304, HAR 3-122 Subchapter 7 6.7 Procurements Exempt from Competition A procurement can be exempted from the State procurement code (HRS 103D) in a situation where the procurement of a good, service, or construction by competitive means is either not practical or not advantageous to the County. Exempted procurements do not follow HRS Chapter 103D or its requirements. 6.7.1 There are a number of preapproved exemptions listed in HRS Chapter 103D-102 and HAR Chapter 3-120-4, which can be found as an exhibit in this manual or on the State Procurement Office (SPO) website. When using an applicable exemption, departments are to list the following language on the contract routing form, requisition or invoice, “Exempt from Chapter 103D, HRS, pursuant to Section 3-120-4(b)(cite exemption #), Hawai’i Administrative Rules.” For example, if using Exemption #1, then state “Exempt from Chapter 103D, HRS, pursuant to Section 3-120-4(b)(1), Hawaii Administrative Rules”. 6.7.2 Departments may request an exemption which has not been preapproved by the State Procurement Code (HRS 103D) by submitting one of the following: 1. If the exemption request is between $1,000.00 and $5,000.00, the department can submit a memo to the Purchasing Agent requesting the exemption in accordance with Finance Director Rule 4.8(a); including what the purchase is for, why it cannot be procured through the small purchase procurement process, and how they ensured the price being paid is fair and reasonable. Approved exemptions will be signed and returned to the department. 13
2. If the exemption request is between $5,000.01 and $25,000.00, the department can submit a memo to the Finance Director through the Purchasing Agent, requesting the exemption; including what the purchase is for, why it cannot be procured through the small purchase procurement process, and how they ensured the price being paid is fair and reasonable. Approved exemptions will be signed and returned to the department. 3. If the exemption request is $25,000.01 or greater, the department can complete and submit to the Purchasing Agent a signed Request for Exemption Form, a blank copy which can be located as an exhibit in this manual or on the Finance Department’s intranet page. Completed requests must be posted on the County’s internet site for a period of not less than seven (7) days. Once posted for the necessary time, the form is given to the Finance Director to sign and return to the department. REFERENCE: HRS103D-102, HAR 3-120-4 7.0 PRICE TERM AGREEMENTS 7.1 On behalf of County departments, the Purchasing Division annually processes IFBs and RFQs for routine goods and services the departments will be purchasing. The price term agreements, also known as indefinite quantity contracts, allow the County to aggregate its purchases to obtain competitive pricing, along with having the purchasing work already completed to allow the departments to obtain the goods and services expediently. 7.2 Price term agreements are generally completed annually following the dates of the fiscal year. Current agreements can be accessed from the Finance Department’s Intranet page or by contacting the Purchasing Division staff. 7.3 Departments interested in initiating new price term agreements should contact the Purchasing Division no later than February preceding the fiscal year the Agreement is to start. 8.0 COOPERATIVE PURCHASING / VENDOR LIST CONTRACTS 8.1 The State of Hawai`i State Procurement Office offers the County a number of purchasing opportunities it can use to purchase goods and services through the use of cooperative purchasing / vendor list contracts. Examples include multi-function copiers, computer equipment and telecommunication services. 8.2 The majority of the cooperative purchasing contracts are solicited by State Procurement Office staff, but there are a number that are from cooperative purchasing organizations, such as NASPO ValuePoint (formally WSCA). Only cooperative purchasing agreements 14
approved by the State Procurement Office can be used by the County. Departments can check the State Procurement Office website, or contact the Purchasing Division, to inquire if a particular cooperative agreement is available for use. 8.3 The County can participate in Cooperative Purchasing Agreements between the County and other state or county contracts as long as the County is specified as a user or potential user, and the purchasing/contract requirements are not less than what the County is required to follow. 8.4 Cooperative Purchasing Agreements should be reviewed prior to soliciting for bids or quotes, as an opportunity to combine purchasing power with other government institutions to obtain better pricing for the County. Departments and Agencies interested in using Cooperative Purchasing Agreements should contact the Purchasing Division for assistance. 9.0 PROCUREMENT TIMELINE 9.1 It is necessary to provide the Purchasing Division adequate time to process a purchase request for the goods and/or services your department requires. Departments are to use the following guidelines when planning their purchase: 1. IFB / RFPs: A minimum of three (3) months prior to the issuance of the contract execution / notice to proceed. With complex service contracts, departments must provide for adequate time for contractors to mobilize to be able to start providing the service. Not providing enough time may result in decreased vendor responses / increased costs and the awarded vendor not being prepared to begin as required. 2. RFQs: A minimum of three (3) weeks prior to the issuance of a purchase order to the vendor. RFQs greater than $50,000.00 in value will take longer as a contract will need to be routed and signed by the Mayor. 3. Request for Exemptions / Sole Source Requests greater than $25,000.00: A minimum of six (6) weeks prior to the issuance of the contract / notice to proceed. 9.2 The Purchasing Division will do its best to accommodate rush requests. Departments are to contact the Purchasing Division prior to submitting a rush request to discuss the procurement timeline. 9.3 The Purchasing Division distributes announcements throughout the year alerting departments of upcoming procurement deadlines in accordance with fiscal year end. Departments are to submit their requests in accordance with these deadline announcements. If requests are submitted after the deadline, the Purchasing Division will 15
do its best to complete the procurement within the time needed, but cannot guarantee its completion before the fiscal year end deadline. 10.0 ELECTRONIC PROCUREMENT 10.1 The Purchasing Division uses Public Purchase, an e-procurement system to announce, provide documents and collect responses for RFQs, IFBs and RFPs from vendors. Public Purchase allows for greater access and accountability of the documents that are provided to and submitted by vendors by allowing purchasing staff to track the distribution of documents. A listing of IFBs, RFPs, and RFQs currently being advertised on Public Purchase is available on the County’s website at http://www.hawaiicounty.gov/financepurchasing/. 10.2 Vendors must register with Public Purchase to view, download, and upload their responses. Registration can take up to two to three days, and only those vendors that successfully register can access the documents. Please inform potential vendors of the time it takes to access the documents for an upcoming procurement. 10.3 The Purchasing Division encourages receiving, filing, and distributing electronic documents as a way to expedite the procurement process to its user departments and vendors. User departments and agencies are encouraged to submit documents to the Purchasing Division electronically via email or the Eden system. Electronic copies of documents, including electronic signatures, shall be treated as originals in accordance with HRS Sections 92-29, 92-30 and 489E-7. 10.4 The Small Purchase threshold for goods and services has been increased from $25,000.00 to $50,000.00 as the County of Hawai’i has implemented an electronic procurement system in accordance with HRS Section 103D-305(c). 11.0 PAYMENT TYPES 11.1 Once a contract has been awarded, PO issued or services performed by a contractor, payment can be made by using one of the following payment types described below: 1. Invoice: Payment for purchases within the department’s delegated authority, payment for price term contracts, sole source and exempt purchases less than $25,000.00, and others outlined in Section 15 can be made by direct payment using the invoice payment method. Instructions on entering an invoice are included within this Purchasing Manual. 2. Requisition / Purchase Order: 16
Department and agencies are to submit a requisition in the Eden system to initiate the purchase of goods and services by the Purchasing Division. Requisitions are to be submitted in accordance with Section 14 of this Purchasing Manual. If the purchase is less than $50,000.00, a purchase order can be processed and sent to the contractor. Helpful hint – if a contractor is requesting their proposal to be signed, suggest providing a purchase order as an alternative, specifying any terms on the purchase order. 3. Contracts: A contract shall be executed for all purchases of goods and services in excess of $50,000.00 in accordance with Finance Director Rule 4.12. The Mayor, or his authorized representative, are the only ones authorized to sign contracts for the purchase of goods or services. Contracts for the Mayor’s signature shall be routed in accordance with the Contract Routing Form, a copy which can be found as an exhibit in this manual or on the Finance Department’s intranet page. In addition: a. Contracts less than $1,000,000.00, including Price Term Agreements, are not required to be notarized by the Contractor. County signatures are not required to be notarized at any dollar amount. b. Contracts less than $1,000,000.00 shall be considered originals, including signature pages, in accordance with HRS Sections 92-29, 92-30 and 489E7, unless specifically determined in writing by the Finance Director otherwise. This shall include contract and procurement documents that have been electronically scanned, faxed or copied contract or procurement documents, including the use of electronic signature programs such as CoSign. Departments are responsible for ensuring scanned, faxed or copied documents are legible. 4. pCard: With their departmental approval, employees can obtain a pCard to make purchases within their department’s delegated purchasing authority for County related expenses. Using the pCard is a time-saving and efficient purchasing method, along with the County receiving a rebate based on the total amount spent. Employees that use their pCard must be aware of all purchasing restrictions listed in Section 6.1 Small Purchases. Pcard purchases must be made by the employee listed on the card and delivery is to be made to a County of Hawai’i building address. More information can be found in the Purchasing Card Manual, a copy which can be found on the Finance Department’s intranet page. 12.0 PROCUREMENT VIOLATION 12.1 If purchasing goods or services is part of an employee’s job duties, it is imperative they review and understand the County’s purchasing policies and procedures. If an individual 17
or department violates these policies or procedures, the Purchasing Division can assist in providing information or training, so the violation does not occur again. 1. Departments are not to parcel a purchase, that being the intentional division of a purchase to avoid the proper procurement procedure (i.e. RFQ, IFB, etc.). Furthermore, for items or services purchased regularly throughout the fiscal year, departments are to take into consideration the estimated yearly amount when determining the proper procurement method. 2. For example, a department uses a courier service throughout the fiscal year and each invoice is approximately $100.00, but the total spent for the fiscal year is $15,000.00. Since $15,000.00 is the known yearly amount for courier service, the proper procurement method is a Request for Quotes. Basing the procurement method on the $100.00 invoice is incorrect and is considered parceling, as the department knows it will be spending $15,000.00 per year. 12.2 If the purchase of goods or services is not made in accordance with established purchasing policies and procedures and the vendor is requesting payment, the following should occur: 1. If the item has not been used, it should be returned to the vendor and request a refund, or if the service has not been provided, the service should be cancelled. 2. If the item has been used or the service already provided, the department is to prepare a memo outlining what they purchased, why the procurement violation occurred, and what will be done differently so it will not happen again. The memo is to be addressed to the Finance Director and come from the department where the violation occurred. Once the memo is approved by the Finance Director, it is to be attached to an Eden invoice for payment. 3. The Finance Director may require additional information to be provided or steps taken that are in the best interest of the County. 4. If the procurement violation is determined to be intentional by the Finance Director, the employee responsible for the procurement violation shall be reported to their supervisor along with the respective department head for possible disciplinary action. 12.3 The Purchasing Division may issue a Procurement Advisory Memo to the department outlining a potential violation and recommend further action. Such memos will be included in the applicable procurement file. 13.0 GENERAL TERMS AND CONDITIONS 18
13.1 The General Terms and Conditions for Goods and Services are attached to all contracts executed by the County of Hawai’i, as may be applicable. The most recent copy, dated July 1, 1994, may be found on the Finance Department’s intranet page. 13.2 If it is not in the County’s best interests to include the General Terms and Conditions for Goods and Services as stated above, the department preparing the contract shall work with and receive approval from the Office of Corporation Counsel to substitute the terms and conditions stated above with an alternate version. 14.0 REQUISITIONS 14.1 A requisition is entered into the Eden system to electronically request the Purchasing Division to acquire the desired item(s). 14.2 In the Eden system, there are two types of requisitions: 1. Regular: The department employee uses the regular queue (the department abbreviation without any suffix) to enter an electronic requisition for goods, services or construction. 2. Contract: The department employee uses the contracts queue (the department abbreviation plus the suffix “cntr”) to enter an electronic requisition. At the same time the hard copy contract, contract routing form, and required documentation from the contract routing form is placed in internal County circulation. 14.3 Submitting Regular Requisitions: To enter a requisition, log into the Eden system and select the following: Purchasing / Requisitioning / Requisitions / Main tab. Select the “insert a new record” icon at the top of the screen. The date field will become yellow and the requisition’s information can be entered. You will need to tab from each field to the next in order to complete the requisition. The number is assigned automatically when the requisition is completed. 14.4 Requisition Number: Select the required department / division modifier by using the drop down choices, by clicking on the “Z”. Do not type in the modifier as it will create extra spaces between the modifier and #, making it difficult to search. 14.5 Date: The date is defaulted to today’s date when you press the “tab” key. During the fiscal year end, a date other than the current date may be entered upon special instructions from the Purchasing Division. 19
14.6 Description: The description field has a maximum of 40 characters. The first entry is a brief description of what is being requisitioned, such as “OFFICE SUPPPLIES”, or “REPAIR PARTS” (listing supplies or parts is not sufficient). Next, enter your department name or a project identification or any internal number helpful in identifying the purchase. For Example, “OFFICE SUPPLIES AGING or REPAIR PARTS PW AUTO EQ CH1234. 14.7 Queue: There are two choices: your regular department modifier which is the same set of lower case initials you entered in the requisition number field above or the initials followed by “cntr” which is used for contracts generated only by the department. Use the drop down arrow to pick the correct queue. 14.8 PO Type: There are two choices: “reg” for regular and “bla” for blanket. Select only “reg”. Tab though the remaining fields, only selecting those necessary if you are using the inventory module. Do not use the blanket PO type. 14.9 Requested For: This field defaults to users name, but if the requisition is being submitted at the request of some other individual, his/her name may be indicated here. 14.10 Group: This field defaults to your user group ID, but may be changed to any useful abbreviation. Throughout the requisition process, this field may be updated by the Purchasing Division indicating its status before being converted to a purchase order. 1. Departments can search (using QBE) on your group to determine if Purchasing is working on your requisition yet. Users can also use the same group name for all requisitions generated by your department, various sub-organizations or a different group could be used to identify requisitions of a certain type. Be advised this group name will be changed when being processed by the Purchasing Division. 14.11 The next field is the “combine” check box. This is checked by default and should always be left checked. The Purchasing Division will uncheck this box when converting a requisition to a purchase order. The next three fields apply to blanket purchase orders and thus are skipped. 14.12 A department can determine the buyer that is working on a requisition by QBEing on the requisition and looking at the group field. If the Purchasing Division has begun working on the requisition, the group will either be “zn” (Diane Nakagawa), “zw” (Steve Wilhelm), “zs” (Larry Suenishi), “zc” (Nicole Charon). Additional information following those four prefixes will denote the bid or quote number or due date assigned to the requisition. 20
14.13 Contact and phone number: This field is to be completed and shall contain the name and phone number of the contact person or individual most able to answer questions about the item desired or answer questions from the awarded vendor about delivery, etc. This information is printed on the purchase order, and is useful to the vendor. 14.14 Next, the user is to click on the “items” tab, or type “alt” + “i”. Be advised the information in the top half of the page is defaulted in and cannot be altered. 14.15 Item Type: Select the appropriate item type for the following: “g” for goods, “i” for inventory item, “s” for services, “f” for freight and “t” for taxes (“t” is not to be used). In most instances, the user will be selecting good or service. The “g” entry will allow entries in the quantity, unit, and unit cost fields, while “s” assumes it will be a fixed-price lump sum. If using the Inventory Module, complete the “Item Code” and “Warehouse” fields. 14.16 Quantity: Enter the quantity of the good or service to be used. 14.17 Unit: Enter the unit type, or the term or description, of what you will be purchasing. The term case, box, carton, bags, package, etc. are often misleading. Use terms such as: EACH, DOZ, LBS, etc. 1. This field will only allow four (4) characters, so if a detailed description is required, attach a note in the Eden system with additional information. If you are unsure how many are in a case, use a question mark, e.g., Case/12? 2. The Purchasing Division prefers to purchase supplies in bulk quantities set by the manufacturer. In addition, most vendors offer discounts for bulk quantity or case lot purchases. 14.18 Unit cost or Extension: All requisitions require an estimated amount for the purchase(s) entered. The estimated amount is pre-encumbered in the selected account number(s) and unavailable so the account will not go over budget. Users are to enter a realistic estimate. When the purchase order is cut, the Purchasing Division will update the amount(s) to reflect the actual cost and funds to be encumbered. The purchase will be made for the actual cost, regardless of the estimated amount. 1. If the department desires to set an upper limit to be expended, a note shall be attached in the Eden system informing the Purchasing Division of the maximum amount to expend. The system will not permit a purchase to be entered that exceeds the amount of funds available within the base amount. 21
14.19 Item Description: This is the yellow block to the left of the green area and below the cost line. Provide as complete a description as possible. Specific brands, make and model number are very helpful, as long as you realize we may end up purchasing a different but equal item. Indicate colors, sizes, optional features, etc., as needed. Providing as much information as possible will minimize unnecessary phone calls between vendors, purchasing, and your department. 14.20 All documents to be submitted with the requisition shall be attached in Eden. Attach either a file (in MS Word format) or note listing the specifications/requirements in the Eden system with the requisition. Do not only attach manufacturer’s brochures, but identify the required specifications and features, options, etc., and include them as a file / note as described above. You can contact the Purchasing Division if you need assistance in attaching a document. 14.21 Once the description block is complete, tab through the other blocks (tax code, 1099, fixed assets, multiple assets, Comm code, and Fund type; these fields will be used by the Purchasing Division or are not currently being used). Once you tab through these fields, the Eden system will give you a new line to enter the account number to be charged. If you do not get the account number line to appear, return to the last field, “fund type”, click on it and the following choices will appear “row type,”- “item” and “account.” Click the “account” button for the account number line or click on “item” for another item entry. 14.22 Account Line: The account number(s) you want the item(s) to be charged to is entered in this block. Forward past the first two fields, which are for the Project Accounting module, unless your department is currently using these fields. 1. The third field is the modifier for the account number. The default is “E” for expense, but the drop-down will also give you “R” for revenue, “B” for balance sheet, “M” for mask and “S” for shortcut. In most instances, “E” expense will be used. The “M” mask is used to quickly enter a specific group of different accounts, and the “S” shortcut is used to quickly enter a specific account number. 2. The fourth field to enter is the account number, noting there are periods separating the elements of the account number. If the account number is unknown, using the “Z” dropdown allows the user to search for the account number. 3. The fifth field will default to 100 or 100% of the item to be charged to the entered account number. If this is correct, no further action is required. 4. If more than one account number is used to charge against an item, determine if the cost will be divided by a percentage or an exact amount number. If a percentage is used, at the “%” icon at the far left enter the percentage of the item to be charged to the first account number. The system will automatically change 22
the extended amount on the right to match the desired percent of the total, and provide a new account line for the second account number to be used. 5. If an exact amount is desired for the partial charge to an account number, click on “%” icon at the far left, changing it to a “$”. Enter the exact amount to charge the account number at the far right. Tabbing now will provide another account line and automatically enter the percentage of the extended item amount being charged to the first account number. As many account numbers as needed can entered to equal the total item amount. 6. If additional items are entered on the requisition, use the instructions listed above until all items are entered. The “Grid” menu at the top of the screen is useful for adding or deleting lines from the requisition on multi-item entries. Once all items have been entered, click on the “Document Defaults” tab at the top of the form. 7. The “+” or “-” to the left of the item block either opens or closes the account number line(s). The magnifying glass opens an “item extension” page, which duplicates the document defaults screen so that individual items can be awarded to different vendors. 14.23 Document Defaults: This screen is used for entering the “bill to” and “ship to” addresses, which will be printed on the purchase order, as well as inputting the vendor number (if known) and inserting the contract number (if applicable). If different addresses are required, they are to be listed separately in the Item Description section. The user must enter a “ship to” and “bill to” address by entering the location abbreviation for each. If unknown, all available addresses are shown in the drop-down. 14.24 Delivery Dates: The system lists options for both “desired” and “required” delivery dates. Use only the “required” date if there is a specific date by which the item(s) are needed. The requisition must be entered with adequate time for the Purchasing Division to complete the procurement process and allow for shipping (and in some cases manufacture). 14.25 FOB Point: The term “DESTINATION” shall always be included in this field. The following field, “ship via” is not used. 1. When purchasing equipment and goods internationally, care must be taken to confirm each parties responsibilities, and understand the different international shipping terms, such as but not limited to DAP (Delivered at Place) and DAT (Delivered at Terminal)(preferred). The shipping method may also determine who is responsible for additional charges, such as customs fees. 23
14.26 Instructions: There are two identical instruction fields. The fields are limited to sixty characters each and are to be used for special instructions for the vendors, which will show up on all purchase orders issued. Examples include the name and phone number of a contact person to coordinate delivery, special delivery instructions such as “deliver weekdays before 11:00 a.m.”, etc. 14.27 In most instances the vendor name and their addresses for the purchase order are inserted by the Purchasing Division. In certain instances (usually where a small purchase vendor refuses to ship anything without a physical purchase order), the user may enter a “confirming requisition” and enter their own vendor number. 14.28 Submitting Contract Requisitions: Contract requisitions are requisitions, which the using department has authority to enter into directly for the procurement of goods or services. Examples include professional services, sole source and delegated procurements. This does not include requisitions, for which the department expects the Purchasing Division to conduct formal bids for and enter into the necessary contract. 14.29 The contract is drafted and submitted to the vendor for signatures along with any other contract requirements (insurance, bonding, corporate resolutions, etc.). A contract routing form is completed and, if funds are to be encumbered for the contract, a contract requisition is entered in the Eden system using the department’s contracts queue (the departmental abbreviation plus “cntr”). The requisition number assigned is entered on the Contract routing form and the contract documents are routed in accordance with the attached routing form. 14.30 Departments and Agencies are to indicate in the notes section if State or Federal funds are being used for the purchase of goods or services. 14.31 If a contract does not require funds to be encumbered, a requisition in the Eden system is not to be entered. 14.32 Annual Dates for Submitting Requisitions: To allow for the Purchasing Division to combine purchases of similar items in a bid proposal or requisition, departments and agencies are to submit their requisition(s) based on an annual schedule provided in August of each fiscal year. 15.0 INVOICE PAYMENTS 15.1 Invoices are to be paid utilizing one of these four payment procedures using the Eden system: 24
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