LIBERTY COUNTY PURCHASING MANUAL POLICIES AND PROCEDURES. Adopted by Liberty County Commissioners Court on

Transcription

1 LIBERTY COUNTY PURCHASING MANUAL POLICIES AND PROCEDURES Adopted by Liberty County Commissioners Court on

2 LIBERTY COUNTY PURCHASING DEPARTMENT 310 MAIN STREET LIBERTY, TEXAS PURCHASING AGENT HAROLD SEAY, CPA ASSISTANT PURCHASING AGENT NATALIE ROPER

3 PURCHASING MANUAL Purpose The purpose of this Purchasing Manual is to serve as a source of instruction to all County Departments and employees regarding the Purchasing Policies and Procedures of Liberty County. The adoption of this Purchasing Manual and the approval of any subsequent revisions by Commissioners Court shall authorize the policies and procedures contained herein for official use in County business. Scope The scope of this manual includes at! departments under the jurisdiction of Commissioners Court, as well as all purchasing transactions that are paid for directly from County funds under the control of Commissioners Court. Distribution This manual will be available to all County departments and to all County employees involved in the purchasing process. The Purchasing Department shall post this manual on the Liberty County website. Implementation The Purchasing Agent shall be responsible for implementing and enforcing the policies and procedures set forth in this manual. The Purchasing Agent shall exercise functional authority over the County purchasing process for the purpose of implementing and enforcing these policies and procedures on a Countywide basis Each Elected Official and/or Department Head shall be responsible for implementing and enforcing these policies and procedures within their respective departments

4 COUNTY PURCHASING OBJECTIVES Comply with all Federal and State taws that apply to County purchasing and comply with the policies and procedures outlined in this manual; Provide all responsible vendors and contractors with equitable access to servicing the needs of Liberty County and its personnel through competitive acquisition of goods and services; Seek the best quality, lowest priced goods and services that meet the needs of the County and its personnel; Manage County Assets and inventory so that replacement costs are minimized and the County can account for all assets; and Dispose of all surplus, salvage, seized and abandoned property in a manner that both provides the most benefit to the taxpayers of Liberty County and complies with the law.

5 PURCHASING AUTHORITY Appointment of the Purchasing Agent A5 outlined in the Texas Local Government Code Section (a), the Liberty County Purchasing Agent is appointed by and accountable to a Board composed of the Judges of the District Courts and the County Judge. The Purchasing Board appoints the Purchasing Agent to a two-year term and approves the budget for the Purchasing Department, including the Purchasing Agent's salary. Purchasing Authority of Commissioners Court The authority of Texas counties to purchase one or more items under a contract that will require expenditures exceeding $50,000 rests with the Commissioners Court. The Commissioners Court shall make their awards in compliance with the competitive bidding or competitive proposal procedures prescribed by the County Purchasing Act, Texas Local Government Code Section Duties and Authority of the Purchasing Agent The Purchasing Agent's authority is derived from statutes and direction of the Purchasing Board. The statutory duties of the Purchasing Agent include the following as prescribed by Texas Local Government Code Section Authority: The Purchasing Agent shall purchase all supplies, materials and equipment required or used, and contract for all repairs to property used, by the County or a subdivision, officer or employee of the County, except purchases and contracts required by law to be made by competitive bid. A oerson other than the Purchasin~ A~ent or desinnated Purchasing make the contract for repairs. Texas Local Government Code Section (d) The Purchasing Agent shall supervise all purchases made on competitive bids and shall see that all purchased supplies, materials and equipment are delivered to the proper County officer or department in accordance with the purchase contract. Texas Local Government Code Section (e) A purchase made by the Purchasing Agent shall be paid for by an electronic transfer, check, or warrant drawn by the Liberty County Auditor on funds in the County treasury in the manner provided by law. The County Auditor mav not draw and the Countv Treasurer mav not honor

6 an electronic transfer, check, or warrant for a ourchase unless the purchase is made by the County Purchasin~ ARent or on competitive bid as provided bv the law. Texas Local Government Code Section (f). Inventory On July 1 of each year, the Purchasing Agent shall file with the County Auditor and each member of the board that appoints the County Purchasing Agent an inventory of all property on hand and belonging to the County and each subdivision, officer and employee of the County. The County Auditor shall carefully examine the inventory and make an accounting for ail property purchased or previously inventoried and not appearing on the inventory. Texas Local Government Code Section 262,01l(i). Transfer of Assets To prevent unnecessary purchases, the County Purchasing Agent, with the approval of Commissioners Court, shall transfer County supplies, materials and equipment from a subdivision, department, officer or employee of the County that are not needed or used to another subdivision, department, officer or employee requiring the supplies or materials or the use of the equipment. The Purchasing Agent shall furnish to the County Auditor a list of transferred supplies, materials and equipment. Texas Local Government Code Section (j) Disposition of Surplus or Salvage Property The Purchasing Agent, acting for Commissioners Court, shall dispose of surplus, or salvage property, or trade in for new property following the procedure outlined in Texas Local Government Code Sealon Violation and Penalty A person, including an officer, agent or employee of a County or of a subdivision or department of a County, commits an offense if the person violates this section. An offense under this subsection is a misdemeanor punishable by a fine of not less than $10 or more than $100. Each act in violation of this section is a separate offense. Texas Local Government Code Section (m) A County officer or employee commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential or component purchases to avoid competitive bidding requirements of Texas Local Government Code Section An offense under this section is a Class 0 misdemeanor.

7 Addltional Responsibilities of the Purchasing Agent The Purchasing Agent, by direction of the Purchasing Board, is responsible for the following: The Purchasing Agent shall prepare bid or proposal specifications for all materials, supplies and equipment for Commissioners Court approval, and shall be responsible for subsequent solicitation and evaluation of formal bids and proposals for any item or items under a contract that would require an expenditure in excess of $50,000.

8 PURCHASING PROCEDURES The Requisitioning Process A Requisition is a formal request for a Purchase Order to be approved and issued. It is the first step after the need for goods and services is recognized. Requisitions are far internal use and cannot be used by a department to order materials or services directly from the Vendor. The requesting department must ensure that adequate budgeted funds are available in the department's line-items before a Requisition is submitted to the Purchasing Department. Purchase of Data Processing Hardware and Software The Information and Technology Department will review all purchase requests for data processing hardware and software, including computers, printers, and scanners. This procedure will ensure compatibility and standardization. The IT Department and the Purchasing Department will assess the condition of any hardware that a department is requesting to be replaced and determine the useful life remaining, if any. This assessment will result in the hardware remaining in use, moving surplus equipment from another department or replacing with new hardware. Purchase of ltems Casting Less Than $500 Normal and routine purchases of any single item costing less than $500, with the exception of - data processing software and hardware, can be purchased by the department using established purchasing procedures for Requisitions and Purchasing Orders. Purchase of ltems Costing $500 to $4, Informal Quotations shall be used for purchases of items or services costing $500 to $4, The Requesting Department shall solicit quotes from at least three vendors. Informal quotations may be obtained by telephone, fax, , in person or in writing. Liberty County encourages competition by contacting as many vendors as possible. Utmost care must be taken, however, to insure that vendors are given exactly the same information

9 and that prices are not disclosed from one Vendor to another. All solicited quotations must be provided to the Purchasing Department. For all purchases, the Purchasing Agent or designee shall review and approve the purchase based on the information provided by the requesting department. For the purpose of this section, the vendor selected shall be the vendor whose offer is determined to be the most advantageous to the County taking into consideration: The price, delivery date, special needs and requirements of Liberty County The capability, integrity, and reliability of the vendor to assure good faith performance Purchase of ltems Costing $5,000 to $50, Formal Quotations shall be used for purchases of items or services costing $5,000 to $50,000. All quotations must be on a Liberty County quote form or vendor letterheadlquote form. The Requesting Department shall solicit written quotes from at least three vendors. Formal quotations may be obtained by fax, e-rnail, in person, or in writing. Liberty County encourages competition by contacting as many vendors as possible. Utmost care must be taken, however, to insure that vendors are given exactly the same information and that prices are not disclosed from one Vendor to another. All solicited quotations must be provided to the Purchasing Department For all purchases, the Purchasing Agent or designee shall review and approve the purchase based on the information provided by the requesting department. For the purpose of this section, the vendor selected shall be the vendor whose offer is determined to be the most advantageous to the County taking into consideration: The price, delivery, date, special needs and requirements of Liberty County The capability, integrity, and reliability of the vendor to assure good faith performance Purchase of ltems Exceeding $50,000 Competitive bidding and or cornpetit ive proposal procedures prescribed by the County Purchasing Act, Texas Local Government Code Section will be followed.

10 Objectives of the Purchasing Process In selecting the goads or services requested by departments, the following will be considered: The stated needs of the department and whether the selected goods or services meet those needs; Available information about sources and prices of the goods and services; The delivery requirements of the vendor and the user department; Any other information that is reasonable and prudent to consider in all circumstances of the purchase; Whenever practical, surplus items from other departments may be transferred to meet departmental needs. Purchase Orders After the Purchasing Department receives a Requisition, it determines the appropriate purchasing procedures based on the cost of the purchase, the goods and services to be purchased, the existing contracts for goods and services and other relevant factors. The Purchasing Agent or designee will review and approve all Requisitions for budgetary compliance before issuing a Purchase Order. The issuance of a Purchase Order will encumber available funds and provide budgetary control. All Liberty County purchases must be authorized by the Purchasing Department with a Purchase Order number prior to any vendor order. Any purchase not following this procedure may be considered void and returned to the vendor. Any commitment to acquire goods or services without an authorized Purchase Order is prohibited. Anyone obligating an expenditure of funds for goods or sewices prior to securing a Purchase Order may be held personally responsible for the payment.

11 LWAL GOVERNMEKT CODE CHAPTER 262 PURCHASWG A M CONTR4ClTNG AUTHORITY OF COUNTIES Page 1 of 4 SUBCHAPTER B. PURCHASING AGENTS Sec PURCHASING AGENTS. (a) A board composed as provided by this subsection, by majority vote, may appoint a suitable person to act as the county purchasing agent. In a county with a population of 150,000 or less, the board is composed of the judges of the district courts in the county and the county judge. In any other county, the board is composed of three judges of the district courts in the county and two members of the commissioners court of the county unless the county has fewer than three district court judges, in which case the board is composed of one district court judge and one member of the commissioners court. If members of the board who are district judges must be selected, the selection is made by a majority vote of a ll the district judges in a county having more than one district judge. members of the board who are members of the commissioners court must be selected, the selection is made by a majority vote of the commissioners court. The term of office of the county purchasing agent i.s two years. (b) The board may remove the county purchasing agent from office. (c) A person appointed under this section must execute a bond in the amount of $5,000, payable to the county, conditioned that the individual will faithfully perform the duties of county purchasing agent. (d) The county purchasing agent shall purchase all supplies, materials, and equipment required or used, and contract for all repairs to property used, by the county or a subdivision, officer, or employee of the county, except purchases and contracts required by law to be made on competitive bid. A person other than the county purchasing agent may not make the purchase of the supplies, materials, or equipment or make the contract for repzirs. (e) The county purchasing agent shall supervise all purchases made on competitive bid and shall see that all purchased supplies, materials, and equipment are delivered to the proper county officer or department in accordance with the purchase contract. (f) A purchase made by the county purchasing agent shall be paid for by an electronic transfer, check, or warrant drawn by the county auditor on funds i n the county treasury in the manner provided by law. The county auditor may not draw and the county treasurer may not honor an electronic transfer, check, or warrant for a purchase unless the purchase is made by the county purchasing agent or on competitive bid as If

12 LOCAL GOVERNMENT CODE CHAPTER 262 PURCHAS~NG AND CONTRACTTNG AUTHORITY OF COUNTIES provided by law. (g) The county purchasing agent may cooperate with the purchasing agent of a municipality in the county to purchase any item in volume as may be necessary. The county treasurer shall honor an electronic transfer, check, or warrant drawn by the county auditor to reimburse the municipality's purchasing agent making the purchase for the county. (h) The county purchasing agent is not required to make purchases for a municipal-county hospital or other joint undertaking of the municipality and county. (i) On July 1 of each year, the county purchasing agent shall file with the county auditor and each of the members of the board that appoints the county purchasing agent an inventory of all the property on hand and belonging to the county and each subdivision, officer, and employee of the county. The county auditor shall carefully examine the inventory and make an accounting for all property purchased or previously inventoried and not appearing in the inventory. (j) To prevent unnecessary purchases, the county purchasing agent, with the approval of the commissioners court, shall transfer county supplies, materials, and equipment from a subdivision, department, officer, or employee of the county that are not needed or used to another subdivision, department, officer, or employee requiring the supplies or materials or the use of the equipment. The county purchasing agent shall furnish to the county auditor a list of transferred supplies, materials, and equipment. (k) The board that appoints the county purchasing agent shall set the salary of the agent in an amount not less than $5,000 a year, payable in equal monthly installments or by any other distribution at the option of the county. The salary shall be paid by an electronic transfer, check, or warrant drawn on funds in the county treasury. (1) The county purchasing agent may have assistants to aid in the performance of the agent's duties. A person who is authorized by the county purchasing agent to use a county purchasing card while making a county purchase is considered an assistant of the county purchasing agent to the extent the person complies with the rules and procedures prescribed for the use of county purchasing cards as adopted by the county purchasing agent under Subsection (0). The county purchasing agent and assistants may have any help, equipment, supplies, and traveling expenses that are approved and considered advisable by the htlp Ihvww n~ter.lcgin smic a u d J b c ~ G. 2 6htm 2

13 LOCAL GOVERNMENT CODE CHAPTER 262. PURCHASWG AND CONTRACTIWG AUTHORITY OF COUNTIES Page 3 of4 board that appointed the agent. (m) A person, including an officer, agent, or employee of a county or of a subdivision or department of a county, commits an offense if the person violates this section. An offense under this subsection is a misdemeanor punishable by a fine of not less than $10 or more than $100. Each act in violation of this section is a separate offense. (n) This section applies to all purchases of supplies, materials, and equipment for the use of the county and its officers, including purchases made by officers paid out of fees of office or otherwise, regardless of whether the purchase contract is made by the commissioners court or any other officer authorized to bind the county by contract. An officer making a purchase out of fees of office in violation of this section may not deduct the amount of the purchase from the amount of any fees of office due the county. (0) The county purchasing agent shall adopt the rules and procedures necessary to implement the agent's duties under this section subject to approval by the commissioners court. Notwithstanding Subsection (f) or other law, rules and procedures adopted under this subsection may include rules and procedures for persons to use county purchasing cards to pay for county purchases under the direction and supervision of the county purchasing agent. Procedures for use of purchasing cards may not avoid the competitive bidding requirements of this chapter or other requirements of county financial law. (p) During each two-year term of office, a county purchasing agent shall complete not less than 25 hours in courses relating to the duties of the county purchasing agent. The courses must be: university; (1) accredited by a nationally recognized college or (2) recognized by a national purchasing association, such as the National Association of Purchasing Management; (3) courses offered by state agencies, or by state professional associations, related to purchasing. (q) An electronic transfer under this chapter must provide the same level of internal controls and statutory authorizations as required for a check or warrant. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(q), eff. Aug. 28, 1989; Acts 1989, or

14 LOCAL GOVERNMENT CODE CHAPTER 162 PURCHASING AND CONTRACTIWG AUTHORITY OF COUNTIES 71st Leg., ch. 561, Sec. 1, 2, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1250, Sec. 5, 6, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec Ia), (d), eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 874, Sec. 4, eff. June 16, 1991; Acts 1993, 73rd Leg., ch. 367, Sec. 1, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 505, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 57, Scc. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 321, Sec. 1, eff. Sept. 1, Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 1, eff. September 1, http,/hvww sta~l~es Icgts narc ~.~s/lg/h~.262.htm