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(1) Intent. It is the intent of this section to promote efficiency, save taxpayer expense, obtain quality goods and services, and promote open competition in the process of purchasing, renting, or leasing goods and services. It is the further intent of this section to protect Kenosha County’s legal interests, promote standardization and administration of the purchasing system, to provide uniform regulation and enforcement of purchasing procedures, and improve overall budget control.

(2) Authority. This section is created pursuant to the authority granted by, without limitation by reason of enumeration, Sections 59.03(1), 59.17, 59.51, and 59.52(6), (7), (9), and (29), Wis. Stats., as may be amended from time to time.

(3) Administration. The provisions of this section and regulations duly adopted hereunder shall be administered, supervised, and enforced by the County Executive, the Finance Director, the Purchasing Director, and such other officials or employees as the County Executive may hereafter designate or provide.

(4) Definitions.

(a) “Bid, sealed bid” means a formal advertised, open, competitive solicitation in which responses are sealed and opened publicly at a scheduled date and time.

(b) “Cooperative purchase” means:

1. The action taken when two or more entities combine their requirements to obtain advantages of volume purchases, including, but not limited to, administrative savings and other benefits.

2. A variety of arrangements, whereby two or more public procurement entities (or agencies) purchase from the same supplier or multiple suppliers using a single bid or request for proposals (RFP).

3. Cooperative procurement efforts may result in contracts that other entities may piggyback.

(c) “Piggyback” means a form of cooperative purchasing in which an entity will be extended the pricing and terms of an existing contract to another entity. Some entities may competitively award a contract that will include language allowing for other entities to utilize the contract which may be to their advantage in terms of pricing, thereby gaining economies of scale that they normally would not receive if they competed on their own.

(d) “Professional services” means services rendered by members of a recognized profession or possessing a special skill such as, but not limited to, doctors, lawyers, architects, engineers, accountants, consultants, and human service providers. Such services are generally acquired to obtain information, advice, training, or direct assistance.

(e) “Proposal, request for proposal (RFP)” means a solicitation from potential providers that measures various factors along with price to determine the award. Provides for the negotiation of all terms, including price, prior to contract award. May include a provision for the negotiation of best and final offers. May be a single-step or multi-step process.

(f) “Qualification based selection (QBS)” means a process that selects the highest qualified firm. The process focuses on qualifications and competence in relation to the scope and particular needs of the project.

(g) “Quote, request for quote (RFQ)” means an informal solicitation of pricing information from several sources, either verbal or written, that may or may not be advertised.

(h) “Request for qualifications (RFQu)” means a document or solicitation, which is issued by a procurement entity to obtain statements of the qualifications of potential responders to gauge potential competition in the marketplace.

(i) “Responsible bidder” means a business entity or individual who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract.

(j) “Responsive bidder” means a business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the solicitation and all of its requirements, including all form and substance.

(k) “Sole source” means a situation created due to the inability to obtain competition. A procurement method where only one supplier possesses the unique ability or capability to meet the particular requirements of the solicitation.

(l) “Solicitation” means a process used to obtain prices, terms, and conditions for the procurement of goods and services.

(m) “Total cost of ownership” means the total cost over the lifespan of the asset. An analysis technique that takes into account operating, maintenance, the time value of money, disposal, and other associated costs of ownership as well as the residual value of the item.

(5) Powers and Duties.

(a) County Executive.

1. The County Executive is the chief administrative official and shall have all authority granted by law, including but not limited to the authority to delegate, or rescind delegation of, any purchasing powers or duties to other Kenosha County officials or employees.

(b) Purchasing Director.

1. Manage the Division of Purchasing Services which shall have authority over, and provide supervision and support for, all procurement transactions covered by this section.

2. Draft procurement rules and procedures for approval by the County Executive to ensure compliance with this section.

3. Conduct formal and informal solicitations for goods and services based on information and specifications provided by County departments.

4. Develop and maintain, with the approval of the Corporation Counsel as to legal sufficiency, standard forms, terms, conditions, and contract language for bids, quotes, proposals, contracts, and purchase orders.

5. Act as a contracting officer for the County for the responsibilities and duties set forth in this section. The Purchasing Director may sign contracts which fall within his/her authority.

6. The Purchasing Director shall, upon direction of the County Executive or the Finance Director, assist from time to time on other purchases which do not fall under the duties described in this section.

7. Transfer between departments any goods which are no longer needed by a holding department but which can be used by the receiving department.

8. Except as otherwise directed by the County Executive or the Finance Director, the Purchasing Director may delegate or rescind delegation of purchasing powers or duties to various departments if in the best interests of the County.

(c) Department Heads or Designee.

1. Ensure that all purchases conducted by the department are in compliance with this section and approved procurement procedures.

2. Verify that purchases conducted are within the budget appropriation for the department.

3. Obtain necessary approvals for all procurement transactions conducted by and for the department.

4. Identify the needs of the department and draft detailed specifications and/or scope of services as required to conduct solicitations for the goods and services.

5. Confirm that goods or services have been received and are in compliance with the terms and conditions of the specifications or scope of services before payment is issued.

(6) Purchasing Procedures and Methods.

(a) All purchases shall be conducted in accordance with all applicable federal, state, and local laws, codes, ordinances, and industry best practices.

(b) Purchases of goods or services exceeding the sealed bid threshold amount set forth in Section 59.52(29), Wis. Stats., as may be amended or modified by the State of Wisconsin, may be made only after using a competitive process determined by the Purchasing Department. Competitive processes include, but are not limited to, sealed bids, request for proposals, quotes, cooperative purchases, or request for qualifications/qualification based selection.

(c) All purchases less than the bid threshold amount may be made on the open market and directly from a vendor. Quotes from multiple vendors are encouraged if a fair market price is not known or apparent.

(d) In addition to the applicable provisions of this section, public works projects shall conform to Sections 59.52(29) and 66.0901, Wis. Stats., as may be amended from time to time.

(e) In accordance with subsection (6)(a) of this section, the Purchasing Director may waive the competitive process requirement and negotiate with vendors directly for professional services that are not conducive to competition, for items of artistic or aesthetic significance, for goods with specific requirements or need for compatibility, software, for purchases of pre-owned goods or demonstration models of equipment, in cases of immediate need for goods or services due to unforeseen circumstances or when the competitive process is otherwise determined to be impractical or not advantageous to the County. The Purchasing Director may require department heads to provide written justification for the need to waive the competitive process and/or may require department heads to provide justification to the County Executive and the Finance Committee for approval.

(f) Specifications and scope of services shall be written to provide for, and encourage, open and equitable competition whenever possible. Specifications and scope of services shall be clear, measurable, drafted to meet the needs of the department, and contain sufficient information to fully describe the goods or services to be purchased. Restrictive specifications and scope of services shall only be used when reasonably justified to be advantageous to the County.

(g) Awards of sealed bids and request for quotes shall be made on the basis of the lowest responsible, responsive bidder who meets specifications, absent compelling circumstances. Total cost of ownership may be used to determine the lowest and most advantageous bid or quote.

(h) Each solicitation shall set forth the criteria to be considered in the evaluation of bids, quotes or proposals for award.

(i) The Purchasing Director reserves the right to accept or reject any or all bids, quotes, proposals, or options; to waive any technicality or error in a solicitation response, in whole or in part, which is deemed to be in the best interest of the County.

(7) Emergency Purchases. The County Executive may waive requirements for competitive processes when immediate action is necessary to preserve property, prevent a work stoppage, or to protect the life, health, or welfare of persons. Department heads responsible for the emergency purchases shall provide a written report to the Purchasing Director outlining the circumstances of the emergency within 48 hours and draft a resolution which will be presented to the County Board at its next regular meeting. When the emergency necessitates public work, the County Board shall pass resolutions as stated in Section 59.52(29), Wis. Stats., as may be amended from time to time.

(8) Cooperative Purchases. The County may participate in, sponsor, conduct, or administer cooperative purchasing agreements for the purchase of goods or services. The Purchasing Director shall review and participate in cooperative purchasing opportunities when they are advantageous to the County, thereby reducing the costs of the participating entities through collective purchasing power. Cooperative procurement shall be made in accordance with public procurement principles of open and equitable competition. The County may also purchase from any other governmental entity without the intervention of bids per Section 66.0131(2), Wis. Stats., as may be amended from time to time.

(9) Sole Source Purchases. The Purchasing Director shall make “sole source” determinations for all County purchases under his/her control. Sole source purchases exceeding $50,000 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.

(10) Violation of Section. Purchases and contracts entered into in violation of this section shall be 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. The official or employee responsible for the section violation may be subject to appropriate discipline up to and including termination and Kenosha County reserves the right to pursue all remedies available by law.

(11) Code of Ethics. All purchases shall be conducted in accordance with the Kenosha County Code of Ethics.

(12) Exclusions. Transactions for real estate, legal services, utilities, advertising, memberships, travel, and training are exempt from this section. Purchases directly related to highway construction and maintenance in accordance with Section 83.015, Wis. Stats., as may be amended from time to time, are exempt from this section.

(13) Severability. Should any section or provision of this section be declared unconstitutional, invalid, or be repealed, the validity of the remainder shall not be affected thereby.

(14) Effective Date. 1/1/2024. [Policy Res. 1 Att. G.]