PURCHASING POLICY OF THE

CITY OF STONECREST,

GEORGIA

LAST REVISED: 02.10.25, 03.10.25

Attachment "D"

TABLE OF CONTENTS

SECTION I – GENERAL PROVISIONS

(1) PURPOSE AND OBJECTIVE

(2) SCOPE OF POLICY

(3) DEFINITIONS

SECTION II – ETHICS IN PROCUREMENT

SECTION III – PROCUREMENT OFFICIAL

SECTION IV – PROCUREMENT PROCESS

SECTION V – PURCHASING THRESHOLDS

(1) PURCHASING THRESHOLDS MATRIX

(2) PURCHASING THRESHOLDS EXPLAINED

SECTION VI – COMPETITIVE PROCUREMENTS

(1) INFORMAL SOLICITATIONS

(2) FORMAL SOLICITATIONS

(3) Solicitations Requiring Public Notice in Georgia Procurement Registry (GPR)

SECTION VII – NON-COMPETITIVE PROCUREMENTS ………………………………………… 38

SECTION VIII – PROJECTS USING FEDERAL AID HIGHWAY PROGRAM (FAHP)

FUNDING………………………………………………………………………………………….… 44

SECTION IX – PREFERABLE GOODS AND SERVICES…………………………………………. 44

(1) PREFERENCE FOR PRODUCTS MANUFACTURED IN GEORGIA ……………………….. 45

(2) ENVIRONMENTALLY PREFERABLE GOODS AND SERVICES…………………………… 46

SECTION X – PROTESTS, SUSPENSION, and DEBARMENT …………………………………….. 49

SECTION XI – PROPERTY DISPOSAL ……………………………………………………………… 49

APPENDICES …………………………………………………………………………………………. 51

APPENDIX A: Projects Using FAHP, GDOT, AND Federal Funding ……………………………….. 55

APPENDIX B: SAMPLE REQUISITION FORM ………………………………………………………….. 58

APPENDIX C: SAMPLE SOLICITATION REQUEST FORM ……………………………………………. 60

APPENDIX D: SAMPLE SOLE/SINGLE SOURCE PROCUREMENT REQUEST AND JUSTIFICATION FORM

………………………………………………………………………………………………………………….. 67

APPENDIX E: SAMPLE EMERGENCY PROCUREMENT REQUEST AND JUSTIFICATION FORM …… 69

APPENDIX F: SAMPLE CITY/EMPLOYEE OFFICIAL CONFLICT OF INTEREST DECLARATION FORM ….72

APPENDIX G: SAMPLE EVALUATOR CONFLICT OF INTEREST DECLARATION FORM ………….. 74

APPENDIX H: SAMPLE DBE OGJECTIVES AND GOALS ………………………………………………. 76

APPENDIX I: EXAMPLE OF DBE GOALS………………………………………………………………… 78

APPENDIX J: SAMPLE DBE GOOD FAITH EFFORTS FORM…………………………………………… 79

DISCLAIMER OF LIABILITY FOR IMPROPER PURCHASING: THE CITY

DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY

PURCHASE, EXPENDITURE, PROMISE OR AGREEMENT FOR EXPENDITURE

ARISING FROM ANY PROCUREMENT MADE IN ITS NAME OR IN THE NAME OF

ANY AGENCY, AUTHORITY, COMMISSION, OR OTHER GOVERNMENTAL BODY

UNDER ITS AUTHORITY, BY AN UNAUTHORIZED PERSON OR ANY PERSON

ACTING IN VIOLATION OF THIS PURCHASING POLICY OR OUTSIDE OF THE

AUTHORIZATION OR DELEGATION AS PROVIDED BY THIS POLICY. THE

EXPENSE OF ANY SUCH TRANSACTION SHALL BECOME THE PERSONAL

LIABILITY OF THE INDIVIDUAL AT FAULT UNLESS OTHERWISE RATIFIED OR

EXEMPTED BY MAYOR AND COUNCIL.

SECTION I – GENERAL PROVISIONS

(1) PURPOSE AND OBJECTIVE

The purpose of this policy is to provide guidance to personnel engaged in the purchasing process throughout the City of Stonecrest. Officially publish the administrative rules governing the City’s purchasing and procurement activities for acquisition and contracting of Goods, Services, Professional Services, Real Estate, and Capital Assets. This policy is to ensure compliance with the State Purchasing Act (Official Code of Georgia Annotated in (O.C.G.A.) Section 50-5-50 et seq.), Georgia Statutes, City Charter, City Procurement Code (Reference Purchasing Policy, Procurement Processes and Procedures), State of Georgia Commission of Ethics, and Georgia Office of Inspector General (GOIG), and National Institute of Government Purchasing (NIGP) and the Institute for Supply Management (ISM) and applicable additional requirements when utilizing SPLOST, ARPA, Federal Grant Funds.

Additionally, this policy provides clarification on the duties, responsibility and authority of City Council, City Manager, Procurement Official and City staff participating in purchasing and procurement activities on the behalf of the City. This policy defines the Procurement Departments functions and outlines processes and procedure providing internal oversight, controls, and mechanisms needed to allow the City to meet the following goals:

A. Ensure that tax dollars are spent in the most transparent, economical and efficient manner;

B. Maintain at all times and under all conditions a continuous supply of Goods and Services necessary for the operation of the City;

C. Encourage and promote fair and equal opportunity for all persons doing, or seeking to do, business with the City;

D. Safeguard the quality and integrity of the City's procurement process;

E. Ensure compliance with state, local, and federal laws and regulations pertaining to procurement;

F. Manage procurement and inventories of purchased Goods to meet the use requirements of City departments at the most advantageous cost to the City;

G. Administer procurement contracts and contract amendments;

H. Properly dispose of all material and equipment declared to be surplus or obsolete; and

I. Maintain proper record keeping of all purchasing and procurement activities.

In addition, this policy is to set a standard of environmentally preferable procurement and demonstrate the City’s commitment to environmental, economic, and social stewardship. The City has a unique opportunity to further expand its leadership in the area of environmentally preferable purchasing, and through its actions, elicit changes in the marketplace. By further incorporating environmental considerations into public purchasing, the City will positively impact human health and the environment, remove unnecessary hazards from its operations, reduce costs and liabilities, and improve the environmental quality of the region. This policy will guide the City’s efforts in procuring environmentally preferable Goods and Services.

The philosophy behind this policy is one of separating the need for Goods and Services from the function of negotiation and executing the necessary contractual purchase agreement.

(2) SCOPE OF POLICY

This policy and the award of bid provisions herein are solely for the fiscal responsibility and benefit of the City of Stonecrest, and confer no rights, duties or entitlements to any vendor, bidder or proposer.

The scope of this purchasing policy covers the procurement of most Goods and Services for non-construction purposes without regard to the past method by which the material or service has been or is customarily procured. The policy covers all contractual and purchase agreements between the City and another Person. 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 materials and services.

As part of the audit process, the internal controls and accounting processes outsourced to municipal services Vendors will be evaluated and a measure of assurance given as a requirement of completion of the City’s annual audit. The staff of outsourced municipal services Vendors assigned to work at City offices and perform purchasing activities on behalf of the City is not exempt from the City’s adopted Purchasing Policy. Furthermore, unless due to the lack of competitive options, the City will not typically procure Goods and Services from outsourced municipal services Vendors not expressly stated in their contract to provide municipal services or which do not have a direct impact on the Vendor’s ability to provide those contracted services.

The provisions of this policy do not apply to procurements for the following:

A. Public works construction contracts to the extent governed by O.C.G.A. §36-91-1 et seq.;

B. Services and construction whose procurement falls under a conflicting federal or Georgia statute;

C. Works of art for public places, or other creative/artistic endeavors that require a particular and demonstrated skill or talent to include, but not limited to, artists, musicians, and writers;

D. Antiques and other unique assets of historical value, including restoration of these items;

E. Real Property, including but not limited to transactions governed by O.C.G.A. § 36-37-1 et seq., real estate brokerage and appraising, abstract of titles for real property, title insurance for real property, and other related costs of disposition and/or acquisition of real property, except as provided in Section VII(F) (Real Estate Acquisitions);

F. 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;

G. Travel, entertainment, conferences, training, speakers, instructors, facilitators, and meeting expenses, or other expenditures covered by another City policy;

H. Dues, memberships, and board member fees;

I. Insurance procured through a negotiating process;

J. Legal services, litigation, experts and materials, and related legal expenses;

K. Items or services procured for resale or to generate a revenue;

L. Advertisements including, but not limited to, bid/proposal solicitations and legal advertisements required by law or by City policy;

M. Financial Instruments: Professional services and instruments/products related to the City’s financial well-being, including but not limited to the following areas: marketing of bonds and other forms of debt or debt management, investments, banking, assets, and pension assets;

N. Subscriptions and dues established during the budget process;

O. Utilities;

P. Seized Property included in a court order authorizing disposal;

Q. Grant awards or agreements that require certain firms or individuals to perform the work;

R. Contracts involving federal funding whose procurement falls under a conflicting federal or Georgia statute or regulation, except as provided in Section VIII.

(3) DEFINITIONS

When used in this policy, the following words, terms and phrases, and their derivations, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

A. ADDENDUM means a change, clarification or correction in the Solicitation Documents, prior to the award of a Contract.

B. AMENDMENT means an agreed upon change order, addition to, deletion from, correction or modification of a Contract including a Contract Extension or a Contract Renewal.

C. BID / PROPOSAL BOND means a form of bid security executed by the Bidder (or Proposer) as principal and by a Surety, to guarantee that the Bidder (or Proposer) will enter into a Contract within the time specified in the Invitation for Bid or Request for proposals, and will furnish the necessary bonds and insurance, and meet any other requirements of those documents.

D. BIDDER means a person or entity submitting a bid or quote to the City for the supply of Goods or Services.

E. CAPITAL ASSET is an item of personal property having a normal life expectancy of three years or more other than components.

F. CITY means the City of Stonecrest and, as the context warrants, those persons or bodies authorized to act on its behalf, including, but not limited to, the City Council, committees, boards and staff.

G. CITY ETHICS POLICY shall mean Article X, Ethics, of Chapter 2, Administration, of the Code of the City of Stonecrest, Georgia.

H. CITY FINANCE DIRECTOR/FINANCE DIRECTOR means the City Accountant as described in the City Charter, his agent, or the department head of the City Finance Department, if such a department is in existence.

I. COMPETITIVE AWARD means 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.

J. CONSTRUCTION means 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 including the provision of materials therefor. The term “Construction” does not include the routine operation, repair and/or maintenance of existing structures, buildings or real property.

K. CONSTRUCTION SERVICES means services rendered by an independent and licensed contractor having expertise in Construction.

L. CONTRACT means all types of City agreements for the purchase or disposal of Goods, Real

Estate or Capital Assets, and the procurement of Services, Professional Services or Construction Services regardless of what they may be called, including contracts for a fixed price, cost plus a fixed fee, incentive contracts, and contracts providing for the issuance of job or task orders, leases, letter contracts and purchase orders. Contracts also include Amendments, modifications and supplemental agreements with respect to any of the foregoing. Every Contract must be duly authorized and approved prior to execution.

M. CONTRACT EXTENSION means 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 expiration date exist.

N. CONTRACT RENEWAL means 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.

O. COOPERATIVE PURCHASE means 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.

P. EMPLOYEE means an individual drawing a salary or wage from the City whether on a full-time or part-time basis. The term shall encompass all members of the City Council without regard to whether or not such individuals are compensated. For purposes of this Purchasing Policy the term “employee” shall include, any Vendor or any employee of such Vendor who has entered into a Contract with the City to provide administrative and department services contemplated in Section

2.12 of the Charter of the City.

Q. EMERGENCY means a situation that occurs suddenly and unexpectedly and demands immediate action to prevent delays which may vitally affect the health, safety or welfare of the public or City Employees and affects the continuation of services to the citizens, and/or serious loss or injury to the City. Emergency shall also mean a condition, malfunction, or occurrence in which the immediate procurement of an item (i.e. Good, Services, or Professional Service) is essential to comply with regulatory requirements.

R. EMERGENCY PROCUREMENT means any procurement of Goods, Capital Assets, Services or Professional Services in the context of an Emergency.

S. END USER means the Department/Division that uses the goods, services, or work after purchasing or receiving it and directly benefits from its use. End Users have the authority and responsibility for determining the need for an item or service, its related specifications, and need date. The End User is responsible for funding the need and advising Purchasing of the approved funding and the specific budget account number. The End User is responsible for authorizing the purchases of all materials, services, repairs, leases and rentals in which the negotiated price exceeds the approved funding.

T. ENVIRONMENTALLY PREFERABLE GOODS AND SERVICES means Goods and

Services that have a lesser or reduced negative effect on human health and the environment when compared with competitive Goods and Services that serve the same purpose.

U. GEORGIA PROCUREMENT REGISTRY means the state’s central bid registry established by the Department of Administrative Services, which provides a public listing of solicitations posted by state entities and local governments.

V. GIFTS or FAVORS means anything of any service or value. Value shall as defined in any City of

Stonecrest ethics policy.

W. GOODS or COMMODITIES means supplies, apparatus, materials, equipment and other forms of tangible personal property used by a City department in the accomplishment of its responsibilities other than Capital Assets.

X. GOVERNING AUTHORITY means the Mayor and City Council of the City of Stonecrest or its designee(s).

Y. INFORMAL WRITTEN QUOTES (IWQ) means all documents utilized for soliciting quotations for Goods, Services, or Professional Services, in which award is made based on the lowest responsive and responsible quotation and in which the type or cost of the procurement does not require a more formal Bid or proposal process.

Z. INVITATION TO BID (ITB) means a method used solicit competitive sealed bid responses based on price.. A contract/PO can be issued to the lowest responsive and responsible bidder. This method requires a well-defined scope of work/services, bid line items and additional relevant information is needed to ensure bidders have sufficient information to submit a final bid cost proposal in response to the solicitation.

AA. LATE BID/PROPOSAL means a Bid or proposal received after the time or date such bid or proposal was due, as stated in the Solicitation Documents.

BB. LIFE CYCLE COST ASSESSMENT means the comprehensive accounting of the total cost of ownership, including initial costs, energy and operational costs, longevity and efficacy of service and disposal costs.

CC. MULTIPLE AWARD CONTRACT means a Contract based upon one solicitation awarded to two or more Vendors to supply Goods or Services.

DD. NEGOTIATED AWARD means a procurement made as the result of negotiations between the

City and a Supplier, such as a Sole Source Procurement or Single Source Procurement or another instance, including competitive Invitation to Negotiate, where a Contract award based on direct negotiations with a Supplier of Goods or Services is appropriate.

EE. OFFICIAL means any City elected or appointed person who holds office or any person appointed by the mayor and council of the City to serve on (1) the planning commission of the City, (2) any board or commission of the City having quasi-judicial authority; and, (3) any authority created by the City, either individually or jointly with other local governments pursuant to Georgia law.

FF. ORDINANCE means related Administration Ordinance in Chapter 2 of the City’s Municipal

Code.

GG. PAYMENT TERMS means the established due date for payments by the City to pay an invoice.

Absent any agreement otherwise stated, the City’s payment term will be Net 30.

HH. PERFORMANCE BOND means a bond provided by a contractor/supplier in which a surety guarantees to the City that the Goods or Capital Assets are delivered or the Services or Construction Services are performed in accordance with the Contract documents. A letter of credit issued by a financial institution that meets the City’s requirements may, at the reasonable discretion of the City, be substituted for the performance bond.

II. PERSON means any business, entity, company, firm, individual, union, committee, club or other organization or group of individuals.

JJ. PIGGYBACK PURCHASE means using an existing contract to acquire the same commodities or services at the same or lower price from another public entity contract. Suppliers must offer the

City the same prices, terms and conditions as that of the issuing entity.

KK. PRACTICAL means satisfactory and within reason when considering price, performance, availability, compatibility with specified operation, and public safety.

MM. PRE-QUALIFICATION means the part of a competitive procurement process in which the City determines, based on standards developed for a specified product or service, which interested Vendors meet those standards and are eligible for further consideration in the purchasing process.

NN. PROCUREMENT means the process of acquiring products, goods, and services by balancing and negotiating prices, resources, and time for business purposes. It involves strategic selection and purchasing to ensure the organization has the necessary resources to operate competitively and effectively. Procurement represents more strategic and less purely transactional process.

Procurement involves strategic selection and purchasing of materials by finding the right suppliers, negotiating contracts, and assisting with managing relationships with stakeholders, Vendors and the community.

OO. PROCUREMENT OFFICIAL means the principal purchasing official directing, monitoring and overseeing purchasing and procurement activities of the City (Section III – Procurement Official).

This person is appointed by the City Manager. The Procurement Official is authorized to purchase a range of Goods, Capital Assets, Real Estate, Services, Construction Services, or Professional Services on a routine basis.

PP. PROFESSIONAL SERVICES means services rendered by an independent contracting individual or firm having expertise in a particular industry or subject matter due to specialized education, training, licensure or skill, and consisting primarily of advice reports, conclusions, recommendations or other outputs resulting from the time and effort of the service provider, as opposed to the acquisition of specific commodities, or of services not requiring any specialized education, licensing, training or skill (e.g. janitorial services). 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.

QQ. PROPOSER means a Person submitting a proposal or qualifications to the City for the supply of

Goods, Capital Assets, Real Estate, Construction Services, Services, or Professional Services.

RR. PURCHASE ORDER means a document approved and issued by the Procurement Official or designee and accepted by the Vendor to obtain Goods, Capital Assets, and Services.

SS. PURCHASING is the organized acquisition of goods and services on behalf of the buying entity.

Purchasing is also the process of securing real estate, capital assets, materials, services, repairs, leases and rentals necessary for the operation and support of the City.

TT. REAL ESTATE means land and any improvements and appurtenances thereto.

UU. REAL ESTATE ACQUISITION means the acquisition of a fee interest, estate for years or usufruct in Real Estate by purchase or lease.

VV. REQUEST FOR PROPOSALS (RFP) means all documents utilized for soliciting proposals for

Goods, Capital Assets or Services, including those attached or incorporated by reference. These include a scope of work and all contractual terms and conditions applicable to the procurement.

This method is used when factors in addition to price are considered for award.

WW. REQUEST FOR QUALIFICATIONS (RFQ) means all documents utilized for soliciting qualifications for Goods, Services, Capital Assets, Construction Services or Professional Services.

XX. REQUESTOR means the employee entering a Purchase Requisition into Tyler or submitting a

Purchase Requisition Request Package to the Procurement Department seeking authorization and assistance to procure good and/or services.

YY. REQUISITION means an internal document, provided by a department to the Procurement

Official that contains the fund source, approvals, descriptions, quantities and other information about the Goods, Capital Assets, Real Estate, Services, Construction Services or Professional Services in order to proceed with the procurement. The Requisition becomes valid when properly completed and approved.

ZZ. RESPONSIBLE BIDDER OR PROPOSER means a Person, who, in the exclusive judgment of the City, (a) has the capability in all respects to fully perform the Contract requirements; and (b) the integrity, experience, qualification, and reliability which assures good faith performance.

VV. RESPONSIVE BIDDER OR PROPOSER means a Person, who, in the exclusive judgment of the City, has submitted a bid or proposal that conforms in all material respects to the Solicitation Documents.

WW. SERVICES mean any performance of effort or labor, for which the City has contracted other than

Professional Services or Construction Services. Services include, but are not limited to, janitorial, landscaping, and street striping.

XX. SHORTLISTING means the part of a competitive procurement process in which the City determines, based on criteria developed for a specified Good, Service, or Professional Service which of the interested Vendors are the best qualified to be eligible for further consideration in the purchasing process.

YY. SINGLE-SOURCE PROCUREMENT means identifying and using, without first completing a competitive process, one source for Goods, Capital Assets, Real Estate, Services, Professional Services or Construction Services among others in a competitive marketplace, which, for justifiable reasons, is found to be most advantageous for the purpose of fulfilling a given Purchasing need of the City.

ZZ. SOLE-SOURCE PROCUREMENT means identifying and using, without first completing a competitive process, one source for Goods, Capital Assets, Real Estate, Services, Professional Services or Construction Services when that source is the only one available that can fulfill a given

Purchasing need of the City.

AAA. SOLICITATION DOCUMENTS means an Invitation for Bids, Request for proposals, Request for Qualifications, Request for Quotations, or an Invitation to Negotiate including all of the associated forms and documents of each solicitation, or any other types of documents used by the City to procure Goods, Services, Capital Assets, Real Estate, Construction Services or Professional Services.

BBB. SPECIFICATION OR SCOPE OF WORK means any description of the physical or functional characteristics, or of the nature of Goods, Services, Capital Assets, Real Estate, Construction Services or Professional Services. Specifications or Scope of Work may include any function and other criteria that will be required to perform the work and a description of any requirement for inspection, testing, or delivery.

CCC. SUPPLIER, MERCHANT OR VENDOR means a Person currently supplying or in the business of supplying Goods, Services, Capital Assets, Real Estate, Construction Services or Professional Services.

DDD. SURETY means an organization who, for a consideration, promises in writing to make good the debt or default of another organization. The Surety must be satisfactory to the City and licensed to do business in Georgia.

SECTION II – ETHICS IN PROCUREMENT

Every person, business, or entity involved in the procurement process must adhere to a high standard of ethics. Each will be bound by the City Code of Ethics and this Section II. Whenever this Section II conflicts with the City Code of Ethics, the City Code of Ethics shall control.

A. Employee Conflict of Interest It shall be unethical for any City Employee or Official to transact any business or participate directly or indirectly in a procurement Contract when the Employee or Official knows that:

1. The Employee or Official or immediate family of such Employee or Official has a substantial interest pertaining to the procurement Contract, except that the purchase of Goods and Services from businesses which a member of the City Council or other City Employee has a substantial interest is authorized as per O.C.G.A. § 36-1-14, or the procurement Contract is awarded pursuant to O.C.G.A. § 45-10-22 and § 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. § 45-10-25, interpreting such statutes as if they were applicable to a municipality.

2. Any other person, business or organization with whom the Employee, Official or immediate family of such Employee or Official is negotiating or has an arrangement concerning prospective employment is involved in the procurement Contract.

3. An Employee, Official or any immediate family of such Employee or Official who holds a substantial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest. See Appendix C for Sample City Employee/Official Conflict of Interest Disclosure

4. All Employees and Officials will be asked to sign a disclosure document indicating his or her compliance with the City Ethics Policy.

5. The terms “immediate family” and “substantial interest” shall have the meaning given to such terms in the City Code of Ethics.

B. Gratuities, Rebates or Kickbacks

1. Gratuities and other benefits. It shall be unethical for any Employee or Official to directly or indirectly solicit, demand, receive, accept, or agree to receive any gratuity, reward, offer of employment, services, or thing of value from any person, business, or entity in connection with any award, 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.

It shall further be unethical for any person, business, or entity to offer, give, or agree to give or offer to give any Employee or Official any gratuity, reward, offer of employment, services, or thing of value with the purpose of influencing any award, 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.

i. A “thing of value” shall not include:

a. Any gift with a value less than $100.00;

b. Food or beverage consumed at a single meal or event;

c. An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;

d. Promotional items generally distributed to the general public or to public officers;

e. Rebates normally or routinely offered to customers in the ordinary course of business of such person, business or entity for the purchase of their Goods and Services are acceptable and are the property of the City; and

f. Educational events, materials, and meals as described in subparagraph (ii).

ii. Educational Events. Nothing in this section shall preclude an Employee or

Official of the City from attending seminars, courses, lectures, briefings, or similar functions at any person, business, or entity’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 person, business, or entity’s products or services and is one which the City Manager determines would be of benefit to the City. In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the Employee or Official from receiving meals or educational materials and business related items of not more than nominal value from a person, business, or entity. However, no Employee or Official shall accept or receive free travel or lodging for less than the value thereof from a person, business, or entity.

2. Kickbacks and Rebates. 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.

3. Contract Clause. The prohibition against gratuities, rebates and kickbacks prescribed in this Section shall be referenced in every Contract and Solicitation.

C. Prohibition Against Contingent Fees It shall be unethical for any Person to be retained, or to retain a Person, to solicit or secure a

Contract upon any agreement or understanding for a contingent fee, except for agreements with manufacturer representatives, or agents, including, but not limited to, commercial services sales agents engaged in the business of soliciting contracts on behalf of Vendors. A “contingent fee” as used in this subsection C, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a Person has in securing a city Contract.

D. Use of Confidential Information It shall be unethical for any Employee or Official to knowingly disclose or 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 or one of its departments, except such as is required for official use by the City or one of its departments.

Purchases in the name of the City or a department for personal use by an individual or for other than official use are prohibited, and no City funds will be expended or advanced therefore.

F. Penalties and Sanctions

1. Legal or disciplinary action by City Council. The City Council may take appropriate legal and/or disciplinary actions pursuant to the City Code of Ethics against any Employee, Official or other Person in violation of these ethical standards.

2. Legal or disciplinary action by City Manager. The City Manager is authorized to take any appropriate legal and/or disciplinary actions, including dismissal, of any Employee violating this Ethics Policy.

3. Administrative penalties for Employees. The City Manager may impose any one or more of the following penalties or sanctions on an Employee for violations of the ethical standards in this Section as appropriate to the situation, subject to the Personnel Manual or other appropriate appeals procedures:

a) Oral or written warnings or reprimands.

b) Suspensions with or without pay for specified periods of time.

c) Termination of employment.

4. Administrative penalties for outside contractors/Vendors. The City may impose any one or more of the following penalties or sanctions on a Vendor or other Person or organization for violations of these ethical standards:

a) Written warnings or reprimands.

b) Termination of Contracts.

c) Debarment or suspension.

G. Vendor Contact During Open Solicitations Persons seeking an award of a City contract may not initiate or continue any verbal or written communications regarding a solicitation with any Official, Employee or other City representative other than the Procurement Official named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award. The City Manager 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.

H. Evaluator Conflict of Interest The role of an Evaluation Committee is to objectively evaluate bids/proposals and to identify and recommend the most advantageous bid/proposal. A conflict of interest arises where an Evaluation Committee has some other interest that could materially interfere with their duty to act impartially in the evaluation process.

Evaluation Committee members will be asked to sign a disclosure indicating any conflict of interest before participating in the evaluation. See Appendix D for the Sample City Evaluator Conflict of Interest Disclosure. Evaluation Committees may include external specialists and technical experts, if required. Each members’ impartiality is equally important as their professional expertise and proficiency throughout the evaluation process. To participate on the Evaluation Committee, each person agrees to declare any conflict of interest, discharge their obligations and responsibilities to the highest standards of integrity, carry out the duties impartially and fairly and refrain from fraud and corruption. They must follow the evaluation rules set out in the bidding documents and the instructions provided to them by the Evaluation Committee Chair.

SECTION III – PROCUREMENT OFFICIAL

The City Council appoints the City Manager, or such other Employee designated by the City Manager, to serve as the Procurement Official for the City, until such time an independent third party is appointed and contracted by the City Council to serve as the Procurement Official under the direction and control of the City Manager.

A. Duties and Responsibilities The Procurement Official shall faithfully discharge the following duties and powers of said office:

1. Direct efforts to procure Goods, Capital Assets, Real Estate, Services, Construction Services and Professional Services in accordance with the requirements of this Purchasing Policy, City of Stonecrest Code of Ordinances, and Georgia law, and federal when applicable.

2. Arrange and negotiate the purchase or Contract for all equipment, supplies and contractual services for the City or any using agency; arrange and negotiate for the sale or otherwise dispose of all surplus equipment and supplies or real estate of the City or any using agency, in accordance with the requirements of this Purchasing Policy, the Code of the City of Stonecrest and Georgia law.

3. Manage and supervise purchasing staff.

4. Review and approve requisitions.

5. Review and approval solicitation drafts prior to release.

6. Control and supervise all City storerooms and warehouses.

7. Maintain and adhere to all City purchasing procedures and the Purchasing Policy.

8. Recommend revisions to the Purchasing Policy and related procedures to provide for compliance with laws related to bidding, Contracting and Purchasing as set forth in the State of Georgia Code and Regulations, by examining the applicable laws and developing procedures for bidding, Contracting and procurement processes. Revisions to this Purchasing Policy shall be subject to the approval of City Council.

9. Plan and implement processes for the ongoing protection of the City’s interests.

10. Establish guidelines, within the Purchasing Policy, governing the review and approval of specifications for procurement of Goods, Capital Assets and Services based on recyclability, energy and water conservation, life cycle cost, and other environmental considerations.

11. Maintain an inventory record of all materials, supplies, software, or equipment stored in city storerooms, warehouses, and elsewhere, including monthly reports to the

Finance Director that include:

a) Titles of all formal solicitations and the method of source selections to be used.

b) Contracts authorized by the City Council, the method of source selection used and the total dollar amount.

c) Emergency Contracts awarded pursuant to Section 1.03 of the City’s Charter.

d) Change orders or Contract modifications authorized by the City Council and the dollar amount and reason.

e) Amendments or change orders authorized by the Procurement Official and the dollar amount and reason.

f) Explanation of any changes, and the costs involved, in the scope of services made between the time a Contract is awarded and the time that the Contract is authorized by the City Council.

g) Documentation of the types, quantities, and dollar amounts of environmentally preferable Goods (including the percentage of post-consumer and total recovered material content) and Services purchased. The report shall also include dollar amounts of non-environmental or conventional Goods and Services, identify and discuss instances where this policy is waived or its requirements found impracticable, and highlight barriers to the procurement of environmentally preferable Goods and Services, if applicable.

12. Secure all necessary approvals of the City Manager or its designee, and the City Council prior to execution of a Contract or purchase agreement.

13. Determine the most advantageous method of procurement in accordance with the requirements of this Purchasing Policy, the Code of the City of Stonecrest and Georgia law.

14. Ensure that all Contracts are reviewed and approved by the City Attorney pursuant to Section 3.08 of the City Charter.

15. Ensure Council is notified as soon as reasonably possible of all upcoming and active competitive procurements.

16. Create agenda items when solicitations, piggyback, cooperative purchases require the approval of City Council.

17. Whenever possible, utilize City-generated and City Attorney-approved standard goods/services purchasing agreements.

18. Consult with the City Attorney if a contracting party breaches or is reasonably anticipated to breach its Contract with the City.

19. Where in the best interest of the City, require Bid/Proposal Bonds, insurance and other forms of protection for the City on the process of procuring Goods, Capital Assets, Services and Construction Services for the City.

20. Terminate solicitations for bids for any Goods, Capital Assets, Services, Construction Services and Professional Services when, in the opinion of the Procurement Official, it is in the City’s best interest to do so.

21. Reject any and all bids, when in the opinion of the Procurement Official it is in the City’s best interest to do so.

22. Advise the Finance Director and City Manager on the status of negotiations, as well as Contract provisions and their impacts on the City.

23. Make recommendations on Contract approval, rejection, Amendment, and cancellation.

24. Provide Contract administration and supervision of Contracts. Such tasks shall include, but not be limited to, monitoring Amendments, obtaining applicable insurance certificates and monitoring applicable progress.

25. Provide and update all forms to procure Goods, Services, and Professional Services, as needed.

SECTION IV – PROCUREMENT PROCESSES AND PROCEDURES

The procurement process begins when the need to obtain goods or services is identified. All functions that pertain to the acquisition, including competitive procurement, contract negotiation and award, and all phases of contract administration are included in the procurement process.

To initiate a procurement process, the following initial steps must be taken:

1. Determine Need: The End User is responsible for determining the need for a good or service and providing appropriate documentation and justification therefore, including a purchase requisition.

2. Determine Funding: The End User is responsible for ensuring funds are budgeted and made availability prior to initiating any purchases. The End User must provide the specific budget account numbers.

3. Determine Specifications: The End User is responsible for determining the quantity, quality, dimensions, duration and all other necessary specifications essential to the determination of what is to be procured. The specifications must, where applicable, conform to the approved City standards for identity and continuity.

Note: All purchase requests must be submitted far enough in advance to allow the Procurement Official time to review the request, ensure sufficient information has been provided, ensure purchases and expenditures are authorized, and facilitate a proper procurement process.

Note: Acceptance of Procured Item or Service: End Users are responsible for advising the Procurement Department in writing when goods have been received and when services have been completed to their satisfaction. Invoices for payment must be signed and dated.

Note: Returns/Unsatisfactory Services: All returns must be initiated by the End User through the Procurement Department.

Note: Contract/Agreement Changes: The Procurement Official will review and process all Contract/Agreement Amendments, Modifications or cancellations. Such requests must be submitted to Procurement@stonecrestga.gov.

A. Small Purchases (Under $4,999.99): Requisitions/Purchase Orders are not required. However, End

User’s must attempt to obtain additional quotes (verbal, written) to obtain fair and reasonable pricing whenever possible. Refer to Page 21-24, for additional information.

1. Purchase Orders: Vendors may require a Purchase Order prior to providing goods and/or services. If so, the Requestor must complete a Purchase Requisition Request Form and provide supporting documentation (if available quote, price list, etc.). The request must be submitted to the Procurement Department at Procurement@stonecrestga.gov for review and processing.

2. End User may create a Purchase Requisition in Tyler as a “Requestor”. The Purchase

Requisition should include quotes/price list whenever available. Purchase Requisitions will be reviewed and approved by the department director and Procurement. Upon completion of the review and approval process, a Purchase Order will be issued. Refer to Page 21-24 for additional information. **Upon completion of Procurement Training departments will submit purchase requisitions into Tyler.

3. Invoices: A Purchase Requisition is created, reviewed and approved to generate a

Purchase Order to encumber funds and process payments. End Users may create a Purchase Requisition to generate Purchase Order and encumber funds which will be used to make payment to Vendors. Invoices process through the Procurement Department must be signed and dated. Please submit such request to Payable@stonecrestga.gov.

B. Purchase Requisition & Purchase Orders ($5,000.00 – 49,999.99):

A Purchase Requisition is required to initiate the procurement process. A Requisition is a request to purchase Goods, Capital Assets, obtain Services, Construction Services or Professional Services. End Users must complete and submit a Purchase Requisition Package to Procurement@stonecrestga.gov for review and processing. See Appendix C for sample Purchase Requisition Request Form.

mailto:Procurement@stonecrestga.gov mailto:Procurement@stonecrestga.gov mailto:Payable@stonecrestga.gov

1. Purchase Requisition Package must contain the following information and supporting documentation:

Requestor’s / End User’s information – name and contact information of the department/division, department director information and signature and Employee preparing the purchase Requisition.

Date request submitted to Procurement.

Need by date – must state a definitive delivery date or date/duration of service (lead time of at least one week, must be allowed).

Complete description of items being purchased or scope of work/services to be provided or performed, technical specifications of goods or services. This information should be provided in the quote/proposal/estimate provided by the Vendor.

Quantity(ies).

Total or Estimated cost.

Delivery destination (address).

Complete budget account number to be encumbered.

Vendor Name and Vendor Registration ID No. If the Vendor is not registered as a Vendor with the City, please contact Procurement for assistance.

Previous purchase information, quotation, or contract (if known).

Names and contact information of Known or suggested Vendor(s).

Additional supporting documentation (Approved Emergency, Sole/Single

Source Justification Forms, Certificates of Insurance as applicable, etc.)

NOTE: Obtain all required approvals prior to submitting a request to the Procurement Department. Refer to Page 21-24

C. Purchase Orders (PO’s):

Purchase Order’s (PO’s) are generated in Tyler upon the completion of the purchase requisition review and approval process. Refer to Page 21-24.

1. Purchase Requisition Entered by the Procurement Department:

The End User will complete and submit a Purchase Requisition Request Package to Procurement@stonecrestga.gov.

A Purchase Requisition will be created by the Procurement Department. All required supporting documentation will be attached.

The Purchase Requisition will be submitted for review and approval. Refer to

Page 21-24

Upon completion of the review and approval process, a copy of the PO will be e-mailed to the Requestor.

The End User will receive an e-mail containing a copy of the PO.

The End User will provide a copy of the PO prior to requesting or receiving any goods or services.

The Vendor MUST reference the PO No. on the invoice.

The End User must ensure the PO No. is referenced on the invoice prior to submitting for processing of payment.

2. Purchase Requisitions Entered by End Users (Requestor):

Purchase Requisition: Upon completion of the review and approval process, a copy of the PO will be e-mailed to the Requestor.

The Requestor will receive an e-mail containing a copy of the PO.

The Requestor will provide a copy of the PO prior to requesting or receiving any goods or services.

The Vendor MUST reference the PO No. on the invoice.

The Requestor must ensure the PO No. is referenced on the invoice prior to submittal for processing of payment.

3. PO Change Orders: Change orders are permissible when there is a need to correct budgetary information, correct account distribution information, quantity(ies), addition/deletion of line items, change in description and unit price. The Procurement Official will review all requests for change orders. Change orders cannot be used to circumvent the procurement process and the original scope of work/services cannot substantially change the Contract/Agreement/PO. Change orders may be necessary to address unforeseen circumstances (as applicable).

Note: If there is a change to the quoted price, a change order will be required. If the change order is more than $49,999 and not associated with an existing contract (City Contract/Agreement, piggyback, co-operative), additional information and additional approval is required and must follow the established purchasing thresholds. Refer to Page

22-23, Section V.

D. Contracts: All Contracts not arising out of the proprietary functions of the City shall conform with O.C.G.A § 36-60-13.

1. Contracts/Agreements < $50,000.00: Require the approval of the Department Director, Procurement Official, City Attorney, and City Manager.