3.11 Purchasing policy | Municipal Code of Kenosha County

3.11 Purchasing policy.

(1) Authority. This ordinance is enacted pursuant to Wisconsin law, including but not limited to sections 59.03, 59.17 and 59.51, as they may be amended from time to time. All prior resolutions or ordinances which are inconsistent with this ordinance are hereby repealed.

(2) Intent. It is the intent of this ordinance to promote efficiency, save taxpayer expense, obtain quality products and warranties, and promote open competition in the process of purchasing, renting or leasing products, supplies, materials, equipment, and services. It is the further purpose of this ordinance to protect Kenosha County’s legal interests to encourage competition by bidding, request for proposals, request for quotations and other methods described herein to provide opportunity to qualified persons and entities and to assure efficiencies in county procurement through centralization of the process.

(a) Central purchasing will be administered by the Purchasing Services Division under the direction of the purchasing director.

1. The purchasing director shall direct and manage the Division of Purchasing Services which shall purchase, lease, rent or otherwise acquire and procure all necessary material, supplies, machinery, equipment, vehicles, and service contracts of same categories, for any and all of the offices, boards, departments, divisions, committees and commissions, etc., of Kenosha County. The purchasing director may make such procurements jointly or in cooperation with other governmental units pursuant to the terms of a competitive process between a governmental unit and the awarded vendor, supplier, contractor or service provider and pursuant to the requirements of section 66.30, Wisconsin Statutes, as amended.

2. The purchasing director shall act as the chief contracting officer for the county for the responsibilities and duties set forth in this ordinance. The purchasing director will sign all contracts which fall within his or her authority. The director shall establish the necessary operational administrative procurement procedures, including, but not limited to, the development of purchase orders, purchase requisitions, and competitive processes. The purchasing director will insure that only purchases for which funds are available will be made, and that all state and federal laws and rules are followed. Each county department head shall be responsible to select the correct budget appropriation from which the procured item will be paid.

3. Responsibilities under this ordinance do not include procurement of any of the following: public work construction projects, professional services contracts, Public Works Department purchases, computer or communication equipment or software purchases, and real estate transactions, except as may be directed by the county executive. The purchasing director shall, upon direction of the county executive, assist from time to time on other purchases which do not fall under the above described duties of this ordinance, but nevertheless are necessary for the prompt and efficient functioning of county government.

(a) Category I Purchases. The purchasing director shall advertise for formal written, competitive bids on all of his or her purchases, leases or rentals exceeding $10,000.00, adjusted by the director annually for inflation, and shall also use formal advertised bids for lesser amounts whenever required by state or federal law. The purchasing director shall comply with section 3.62 of the Municipal Code of Kenosha County in seeking written, advertised competitive bids. Notwithstanding the above, competitive bidding shall not be required where the county board, acting by resolution, deems competitive bidding to be unnecessary or undesirable in the public interest and competitive bidding is not required by state or federal law.

(b) Category II Purchases. For all purchases, leases and rentals under this ordinance which are in amounts less than Category I set forth in (4)(a), the purchasing director may use methods such as formal written competitive bids, nonpublished competitive bids, request for proposals, request for firm prices for fixed time, joint or cooperative purchases with other governmental units, voluntary vendor lists, requests for information, direct negotiation, and other administrative techniques designed to obtain the best prices for specified products of appropriate quality. If any Category II purchase requires competitive bidding under state or federal law, the purchasing director will comply with section 3.62 of the Municipal Code of Kenosha County on competitive bids for such purchase.

(c) Administrative procedures authority. The purchasing director shall devise delivery and receiving procedures for all purchases made by the county. The director shall handle all refunds, warranty claims, rebates and replacements for unsatisfactory purchases he made and which were not delegated to others. The director shall maintain a record of complaints with regard to particular vendors for a reasonable time after said complaint. The director shall make other administrative procedures and forms as may be necessary and convenient.

(d) Sole Source. In fulfilling the duties herein, the purchasing director shall make “sole source” determinations for all county purchases under his or her control and shall make all reasonable efforts to invite competitive bids, proposals, quotations, etc., when more than one source exists and when other sources can be reasonably expected to meet the county’s needs. Sole source purchases exceeding $25,000.00, indexed annually for inflation, shall be approved by resolution of the county board, before the purchase is made. When a purchase is determined to be and is approved as a “sole source”, competitive bidding may be waived and the purchasing director shall negotiate the purchase in the county’s best interest.

(e) Delegation of duties. The purchasing director, with the written approval of the county executive, may delegate or rescind delegation for some of the duties herein to one or more county department or division directors, who shall follow the rules of this ordinance and the procedures created hereunder.

(5) Violation of Ordinance. Contracts entered into in violation of this ordinance shall be void or voidable at the option of Kenosha County. This subsection does not preclude payment to vendors for any goods or services received in good faith by the county.

(6) Effective Date, Review. This ordinance shall take effect 120 days after it is enacted. This ordinance is intended to be reviewed by the county board five years after enactment, to keep its terms current.