2013-20 ORDINANCE NO. 2013-20
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VI,DIVISION 3, OF THE
CODE OF THE CITY OF FAIRFAX,VIRGINIA,PERTAINING TO PUBLIC
PROCUREMENT OF GOODS AND SERVICES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 2,
Article VI, Division 3, Subdivision I, of the Code of the City of Fairfax, Virginia, pertaining
to procurement, is hereby retitled as follows: "PROCUREMENT PROCEDURES".
BE IT FUTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that the
provisions of Chapter 2, Article VI, Division 3, are hereby repealed in their entirety and
replaced with the following numbered sections:
"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 hereby adopts by reference and shall follow the
procedures for procurement of goods and services as set forth in and as defined by the
Virginia Public Procurement Act, Virginia Code Annotated, section 2.2-4300, et seq. (the
"act"), as the same may be amended, except as expressly modified in or supplemented by 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 irrespective of its source.
(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.
Sec. 2-324. - Surplus property.
(a) All sales of surplus property pursuant to this division section shall be sold on the
basis of competitive bids wherever feasible to obtain the highest price.
(b) The director of finance may require sealed bids in his discretion.
Sec. 2-325. - Effective date of division.
This provisions of this division shall be effective July 1, 2013. The provisions of this division
shall not apply to those contracts entered into prior to the effective date of this division, 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.
Sec. 2-326. - Establishment of purchasing system.
There is hereby created a purchasing system to operate under the direction and supervision of
the director of finance. Nothing contained in this division shall prevent the city manager from
designating a responsible person other than the director of finance to perform the duties of
purchasing agent, subject to the direction of the city manager.
Sec. 2-327. - Principal public purchasing official.
(a) Principal public purchasing official. The director of finance 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 specified in the act.
(b) Duties. In accordance with this division, the director of finance shall:
(1) Purchase or supervise the purchasing of all goods, services, insurance and
construction needed by the city;
(2) Exercise general supervision over all other inventories of goods belonging to the
city;
(3) 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 public agencies
using the goods, services, insurance and construction;
(5) Establish additional rules and regulations as needed to further the intent of this
division;
(6) To perform other duties as assigned by the city manager.
(c) Powers. The director of finance shall have the power to:
(1) Purchase or contract for all goods, services, insurance and construction required by
any using agency, except as provided in this division;
(2) Ensure the preparation and enforcement of standard specifications;
(3) Ensure the inspection of all deliveries of goods, services, or construction purchased
through him to determine their conformance with the order of contract;
(4) Act to procure for the city the highest quality in goods, services, insurance and
construction at reasonable cost and, where practicable, the least expense to the city;
(5) Endeavor to obtain as full and open competition as possible on all purchases and
sales;
(6) Keep informed of current developments in the field of purchasing, prices, market
conditions, and new products;
(7) Secure for the city the benefits of research done in the fields of purchasing by other
governmental jurisdictions, national societies, national trade associations, and by
private businesses and organizations;
(8) Prepare and adopt standard purchase nomenclature for the using agencies and for
goods;
(9) Prepare, adopt, and maintain a vendor's file containing catalogues, description of
commodities, prices and discounts;
(10) Prepare and adopt; consistent with this division and with approval of the city
manager, operational procedures relating to the execution of his duties;
(11) Maintain a current file of sources of goods, services, insurance and construction
to be known as a bidders list to which vendors can request to be included;
(12)Not issue any order for delivery on a purchase until it has been certified, after pre-
audit, that there is to the credit of the using agencies concerned a sufficient
unencumbered appropriation balance, in excess of all unpaid obligations, to defray the
amount of such order.
Sec. 2-328. - Delegation.
With the approval of the city manager, the director of finance 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. 2-329. - 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 director of finance 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$60,000.00 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
director of finance will be responsible for awarding all purchases up to the amount of
$20,000.00. City manager approval is required above that amount.
Sec. 2-331. - Cooperative purchasing.
The city may participate in, sponsor, conduct or administer a cooperative purchase agreement
with one or more other public bodies for the purpose of combining requirements to increase
efficiency or reduce administrative expenses. Any joint purchasing between the city and any
other public body shall comply with policies and procedures outlined in this division or of the
public body as determined by the city and such public body.
Sec. 2-332. —Tie bids.
(a) In the case of a tie bid, preference shall be given to goods, services and construction
produced in the city or provided by persons, firms or corporations of the city, if such a
choice is available; or goods, services, and construction produced in the state or
provided by state persons, firms or corporations; otherwise the tie shall be decided by
lot.
(b) Whenever any bidder is a resident of any other state and such state under its laws
allows a resident contractor of that state a preference, a like preference may be
allowed to the lowest responsible bidder who is a resident of this state.
Sec. 2-333. —Sole-source procurement.
Upon a determination in writing that there is only one source practicably available for that
which is to be procured, and upon concurrence therein by the director of finance, a contract
may be negotiated and awarded to that source without competitive sealed bidding or
competitive negotiation. The writing shall document the basis for this determination. The
city shall issue a written notice stating that only one source was determined to be practicably
available, and identifying that which is being procured, the contractor selected, and the date
on which the contract was or will be awarded, and such notice shall be posted on the city's
website.
Sec. 2-334. —Emergency purchases.
(a) In case of emergency, a contract may be awarded without competitive sealed bidding
or competitive negotiation; however, such procurement shall be made with such
competition as is practicable under the circumstances as determined by the director of
finance. A written determination of the basis for the emergency and for the selection
of the particular contractor shall be included in the contract file. The city shall issue a
written notice stating that the contract is being awarded on an emergency basis, and
identifying that which is being procured, the contractor selected, and the date on which
the contract was or will be awarded, and such notice shall be posted on the city's
website.
(b) An emergency shall be deemed to exist when a breakdown in machinery or equipment
and/or threatened termination of essential services or a dangerous condition develops,
or when any unforeseen circumstances arise or exist causing curtailment or diminution
of an essential service, or where material or services are needed to prevent loss of life
or property.
•
Sec. 2-335. - Small purchases.
Any single or term contract not expected to exceed $60,000.00 in the aggregate may be made
for goods and services other than professional services without competitive sealed bidding or
competitive negotiation, in accordance with small purchase procedures administered by the
director of finance. Notwithstanding the foregoing, contract requirements shall not be
artificially divided so as to constitute a small purchase under this section. Insofar as is
practical, competition is to be encouraged even for small purchases made under this section,
and where possible, no fewer than three (3) businesses or individuals shall be solicited to
submit quotations. These solicitation requirements do not apply for purchases under
$5,000.00.
Sec. 2-336. -Waiver of informalities.
The director of finance may waive any informalities in bids."
This ordinance shall become effective as provided by law.
INTRODUCED: September 10, 2013
PUBLIC HEARING: September 24, 2013
ENACTED: September 24, 2013
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Mayor
9727
ate
ATTEST:
jit /
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Absent
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye