2020-19ORDINANCE NO.2020-19
AN ORDINANCE PARTIALLY REPEALING AND AMENDING CHAPTER 2
(ADMINISTRATION), ARTICLE VI, DIVISION 3 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, PERTAINING TO PROCUREMENT PROCEDURES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 2,
Article VI, Division 3 - Procurement Procedures - of the Code of the City of Fairfax, Virginia,
be and the same is repealed in part and amended to read in its entirety as follows:
"DIVISION 3. - PROCUREMENT PROCEDURES
Sec. 2-321. - Policy.
It is the policy of the city to maintain high public confidence in purchasing by the city, to
encourage the maximum feasible competition in public purchasing among vendors and or
contractors, to administer fairly and equitably purchasing policies among all participants in the
procurement process and to obtain high quality goods and services at reasonable cost.
Sec. 2-322. - Procedure.
In furtherance of the foregoing policy, the city shall adopt a Purchasing Resolution, as permitted
by and in accordance with hereby adepts by ..oceenee and shall the p ,.edur-e� �
pr-eaefement of geeds and- sen4p.es —As se# fieFth in and as defined by the Virginia Public
Procurement Act, Virginia Code Annotated, § 2.2-4300, et seq. (the "Act"), as the same may be
amended, except as expressly modified in or supplemented by this division. The procurement
process in the city shall be governgd_by the provisions of such Purchasing Resolution and as
otherwise provided in this division.
Sec. 2-323. - Application.
(a) This division applies to contracts for the procurement of goods, services, insurance and
construction entered into by the city involving every expenditure for public purchasing
e,.*.„e ^fits seum from non -governmental sources.
(b) When the procurement involves the expenditure of federal assistance or contract funds, the
procurement shall be conducted in accordance with any applicable mandatory federal law and
regulations. Nothing in this division shall prevent the city from complying with the terms and
conditions of any grant, gift, or bequest which are otherwise consistent with laws.
(.a* All sales ef surplus pr-epeFty puFsuaHt te this diviRien seesion shall be sold on the basis of
Sec. 2-AW32A. - Effective date of division.
This provisions of this division shall be effective July 1, 2442020. The provisions of this
division shall not apply to those contracts entered into prior to the effective date of this division,
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which shall continue to be governed by the procurement policies, ordinances and regulations of
the city in effect at the time those contracts were executed.
See. 2-326M5. - Establishment of purchasing system.
There is hereby created a purchasing system to operate under the direction and supervision of the
city urchasin a ent. The cit urch in a ent shall be a ointed b the chief financial officer
with the concurrence of the -city mangy '
shaH p� the city manager- ffem designating a responsible per -son Othe-r- thwn phe d4eete-r- 4
See. 24V32b. — City PurchasingAAgent Authority and Duties
Offlein .
(a) A-",.ipal ,.blie purehasing efflei Authori . The dtj hasinent Vie€
fire -shall serve as the principal public purchasing official for the city and shall be responsible
for the procurement of goods, services, insurance and construction in accordance with this
division, as well as the management and disposal of supplies. Notwithstanding the foregoing, the
city manager is hereby declared to be the official of the city to receive the protest of any bidder
or offeror regarding any award or decision to award a contract, as speei e.d in the '^t.
(b) Duties. In accordance with this division, the city purchasing a shall:
( 1) Purchase or supervise the purchasing of all goods, services, insurance and construction
needed by the city;
L ll y)
{2) Sell, trade or otherwise dispose of surplus goods belonging to the city;
(4) Establish and maintain programs for specifications development, contract administration
and inspection and acceptance, in cooperation with the cily department or public body s
agensies using the goods, services, insurance and construction;
4 Inspect or rgquire the using d artment or public-Lody public—Lodto ins ect all deliveries of d
services, or construction purchased through the city purchasing agent to --ensure conformance
with the contract specifications:
Procure for the city the highest duality goods, services, insurance and construction at the
lowest cost;
6 Endeavor to obtain maximum feasible com etition for all purchases and ales-
(7) Keen informed of current developments in the field of urch in rices market
conditions, and new r ducts•
8 Secure for the city the benefits of research done in the fields of purchasing by other
overnmental Jurisdictions national societies national trade associations and by private
businesses and organizations-
(9) Ensure that sufficient monies have been appropriated to cover the cost_of all purchases or
contracts.
(410) Establish additional rules and regulations as needed to further the intent of this division,
to include one ormore -rocurement manuals and related documentation;
(gl 1} To perform other duties as assigned by the chief financial officer and/or city manager.
eexeept as previdede
(3) Ensure the_inspeet:,,« of all : l: a on_of geod1s seFviees,or- .,s+.- etion ., ,-PhAsad
v
4 () et �_ pry for- the eity the - sePfi6es, -msur�tee - and
T�zvc �
A-e
«ntr„et:.,n t r blt d here cticab.le e least e e o e y
e ae eesand, e thtthe
(6) Yes.. n rmed of__elffl.-e«t de,.el..pmentn in the field --of perehasing, pfiees eeaditions, and new ci
,
benefits of research .le„e in tb.e field/.. of « r-sh sing by
>na4ienal tfade asseciations,
and by privat
nmaintain eaders file na .aWe �oR f
7 adopt, Zsnm' tten, xa—v
eommeditie
e.' pviees and
7
(10) Prepare and adept; •eensistent with tk:Sdivi:e« «.1 with app 1 -of ,
duties;
goods, >
known iasufmee- And- he
as ., bidders list to :,b.:ch •ean , le .
e e d;
(1 2) Net . eaR5'rEler f:,r del; e pur-ehase until 44as} been eeFH€ied, after- pre audit
s-hat the R_ istotheor-editof theageneieseene—ed „ffleient aneneambe
•
Sec. 2--?.,'35M. - Delegation.
With the approval of the chief financial officer eity manage , the ci purchasing a ant of
use -may delegate authority to purchase certain goods, services, or construction items to other
city employees if such delegation is deemed necessary for the effective procurement of those
items.
Sec. 2-329M. - Unauthorized purchases.
Except as provided in this division, no employee or using agency of the city shall purchase or
contract for any goods, services, insurance or construction within the purview of this division
other than by and through the city12urchasin,&went and any purchase order or
contract made contrary to the provisions of this division is not approved and the city shall not be
bound thereby.
Sec. 2-330. - Authority to approve purchases.
(a) No contract for construction or professional services in excess of $6Q,Q )0:8A$200.000.00
may be awarded without prior approval of city council.
(b) Unless otherwise provided in this division, there will be no city council approval needed
for any purchases in which funds were budgeted and are still available. The citv_vurchasin
ggent,l;reeter �� will be responsible for awarding all purchases
$20000 nn CityFnanager- appr-eval is required above thm
S
other- publie bedy shall comply with pokeies &gd pfeeedar-es eutlined in this divisien or- of the
See 2 'rig _ Tie bids
(a) i the ease of -a tie bide pr-efefeaee Stietttbe given to goods, seFviees and eenstfuetie and eeas4iaetiea pr-edueed in the state e pmvided by state
e > yy�,d^�,.d�, ' >
fiFms or- eer-pereAiens-; other -wise the tie shall ii � ►`t.
LEI il4 of
resident ntranter �F
apreference,
r-espensible bidder- who is a rea:.ie..t aF e,
See. 2 333. - Selesour-ee pFeemr-ement-.
e therein by dhe dir-e..t.,r of n anee, a eeatfaet may -be
sealed v
The nit, shall i
iiOtiepstating that only o sour-ee .: ' .', 4o-be- pf et:eably available, an
ideatif�cing that .zhieh is being pr-oeuired, �the ee..+.•....t, el eeted e date- aPA the ate en w1zi ch -the-
and stieh fiefiee shall be
en fi-he
e .
(a) In se of a y, a ..t....e+may be '+ bidding er
however-,
$r
shall be inelud-ed in the eefAraott
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This Ordinance shall become effective as provided by law.
INTRODUCED: March 24, 2020
PUBLIC HEARING: July 14, 2020
ENACTED: July 14, 2020
ATTEST:
City Clerk
VOTE:
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
Mayor
�4L 12oT-b
Date