WORKFORCE INVESTMENT NETWORK

LOCAL WORKFORCE INVESTMENT AREA (LWIA) 13

  1. PURPOSE AND APPLICABILITY

This Policy provides standards for the procurement of items,costing up to $5,000, needed to carry outactivities pursuant to the Workforce Investment Act for Local Workforce Investment Area 13. Procurements costing more than $5,000 will be procured by the Contracts Manager pursuant to the then City of Memphis Purchasing Policies and Procedures Manual. In addition, this Policy is inapplicable when ordering office supplies, because the memorandum regarding office supplies specifies the process for such matter.

  1. REFERENCE/ BACKGROUND

All procurement transactions shall be conducted in a manner providing “full and open competition”consistent with the standards specified in Title 29 CFR Section 97.36. All purchases must be reasonably necessary for WIN operations.

  1. CODE OF CONDUCT

No member, employee, officer, or agent of the Workforce Investment Network orBoard shall participate in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the member, employee, officer or agent, any member of his or her immediate family, his

Workforce Investment Network (LWIA 13)

Procurement Policy (up to $5,000)

Page 1 of 4

______

or her partner, or an organization which employs, or is about to employ, any of these, has a financial or other interest in the firm selected for award.

A member, employee, officer, or agent of the Workforce Investment Network or Board shall not cast a vote on, nor participate in any decision-making capacity on the provision of services by such member (or any organization that member represents), nor on any matter which would provide any direct financial benefit to that member.

A member, employee, officer, or agent of the Workforce Investment Network or Board will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subcontracts. Unsolicited gifts of nominal intrinsic value are not considered in violation of this prohibition.

  1. PROCUREMENT METHODS

Small purchase means the acquisition of goods or services that cost up to $5,000 in the aggregate (Title 29 CFR Section 97.36(d)) within a twelve month period. Such purchases cannot be broken down to change the dollar range and avoid competition.

The Department Manager shall review and approve proposed procurements to avoid the purchase of unnecessary or duplicative items. In addition, the Department Manager shall consult the Fiscal Officer to ensure that sufficient funding is available for the proposed procurement. The Department Manager shall ensure that a procurement for the same or similar items or services was not awarded to the same vendor, without undergoing the competitive process, during the prior 12-month period.

The acceptable methods for procuring small purchases are specified below in sections A - C. Both the Procurement Request Form for Less Than $5,000 and the Informal Bid Sheet for Less Than $5,000 shall be used to procure and document small purchases. If the lowest bid received for aprocurement exceeds $5,000, the purchase must be procured by the Contracts Manager pursuant to the City of Memphis Purchasing Policies and Procedures.

When possible, all necessary affirmative steps shall be taken to assure that certified minority firms, women-owned business and small businesses are used.

  1. Price Comparisons/Informal Quotes

This is a relatively informal method used when price is the overriding factor and may be easily quoted and compared, and performance outcomes are not dependent upon the contents of goods or services being procured.

  1. Procurement Process
  1. At minimum, three price comparisons should be obtained from qualified sources. Documentation may be current catalogs with price lists or informal quotes.
  2. When soliciting informal quotes, the solicitation must:
  1. be provided to vendors that can reasonably be expected to provide the goods or services needed via electronic mail or facsimile.
  2. include detailed specifications and any pertinent attachments that specifically define the items or services to be procured (indicating quantity, time frames and all other requirements of the product or service sought in sufficient detail for vendors to bid); and
  3. be transmitted to qualified vendors as uniformly as possible.
  1. The vendor’s response must be signed and dated by the vendor’s authorized representative.
  2. Any or all bids may be rejected if there is a sound documented reason.
  1. Procurement Award
  1. The procurement shall be awarded to the responsible bidder whose bidis the lowest in price and confirms with all the material terms and conditions of the request.
  2. If the lowest bidder is not selected, a written explanation must be provided explaining the rationale for the selection.
  3. Vendor must agree to provide the goods or services on a credit basis and invoice WIN for payment.

B.Competitive Proposals/Request for Proposal (RFP)

If the nature of the purchase is more complex and factors other than price are most important in the selection process, the RFP method is typically used, e.g., when WIN seeks a variety of methods that may be employed to achieve the results sought. The RFP method should be utilized even if the purchase price is less than five thousand dollars ($5,000). The Contracts Manager will assist with competitive proposal procurements pursuant to the then City of Memphis Purchasing Policies and Procedures manual. Since the RFP process is very time consuming, staff must anticipate their needs to allow sufficient time for the RFP process, which includes advertising, response submission, evaluation, etc.

C.Noncompetitive Procurements (e.g., sole source)

WIN and its subrecipients may use this form of procurement as part of its competitive bidding process, when the procurement is infeasible under one of the methods discussed above and one of the following conditions apply:

  1. The item or service is available from only one source;
  2. Public emergency precludes delay;
  3. The State of Tennessee Department of Labor and Workforce authorizes the specific noncompetitive procurement (after formal request);
  4. Attempts at securing more than one responsive quotefrom a number of sources havefailed.

Noncompetitive procurements are a “last resort” and shall be documentedon the Informal Bid Sheet for Less Than $5,000.

D.Cost/Price Analysis

WIN and its subrecipients will perform a cost or price analysis in connection with every procurement action, including contract modifications. Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with any applicable discounts. Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocability and allowability.

  1. FISCAL RESPONSIBILITIES

Upon processing payment requests for small purchases, the Fiscal Department shall ensure that payment is consistent with the order and maintain the records and information regarding such small purchases. At minimum, the Fiscal Department shall maintain the vendor’s name and contact information, description of goods or services purchased; amount of purchase; and date of purchase.

  1. SPECIAL PROCUREMENTS

Notwithstanding Section IV above, the procurement of the following items shall be procured via cooperation with the applicable City of Memphis department:

  1. Fleet purchases;
  2. Print services;
  3. IT-related goods or services;
  4. Real Estate leases;
  5. Other purchases required by the City of Memphis Purchasing Policies and Procedures
  1. INQUIRIES: Please contact WIN’sContracts Manager with any questions or concerns regarding this Policy.
  1. EFFECTIVE DATE: This Policy shall be effective on the date specified above and remain in effect until further notice.

Attachment: Procurement Forms (which may be modified from time to time)

Local Workforce Investment Area 13

POLICY RECEIPT ACKNOWLEDGEMENT form

SUBJECT: WIN PROCUREMENT POLICY (up to $5,000)

POLICY NUMBER:2013:06

In effect: July 15, 2013 until further notice

It is the policy of the Workforce Investment Network that all employees receive a copy of the various Local Workforce Investment Act 13 (“LWIA 13”) policies and procedures and acknowledge receipt of each policy.

I hereby acknowledge that I have been informed about the content, requirements, and expectations of the LWIA 13 above referenced subject policy (“Policy”). I further acknowledge that I have received a copy of the Policy and agree to abide by the Policy guidelines in fulfilling my applicable job duties. I understand that a copy of the Policy can be accessed in the LWIA 13 Policies and Procedures Manual maintained at the Memphis Area Career Center and electronically at

Note: Please read the Policy carefully to ensure that you understand the contents of the Policy before signing this Policy Receipt Acknowledgement Form.

Employee Signature: ______

Employee Printed Name: ______

Date: ______


WIN PROCUREMENT REQUEST

(for purchases up to $5,000)

Routing

1.Initiating Department

2.Fiscal to verify funds

3.Deputy Director for Approval

4.Initiating Department procures product / service (use Informal Bid Sheet to document process)

5.Receipt of Invoice to Initiating Department

6.All Procurement Documents to Fiscal for Payment (including Invoice & Informal Bid Sheet)

Goods or services to be purchased:

______

Qty: ______Estimated Amount: ______

(Must be less than $5,000)

How soon do you need the goods or services? ______

Explain why the goods or services are needed (include the benefit to WIN):

______

Submitted by: ______

Print Name and Title /SignatureDate

Approved by: ______

Manager SignatureDate

Fiscal Dept. Use Only:

Funds are available – [ ] YES[ ] NO

______

Chief Fiscal Officer

Approved for Purchase ______

Deputy Director SignatureDate

INFORMAL BID SHEET

(for purchase up to $5,000)

Instructions: Call potential respondents to inform them that you are emailing them the bid specifications then email the bid specifications. Attempt to contact a minimum of (3) three sources. Attach copy of your email correspondence disseminating the bid specifications and the bid responses to this Informal Bid Sheet.

NAME OF POTENTIAL RESPONDENTCONTACT PERSONCONTACT #CONTACT E-MAILBID AMOUNT

1. ______

2. ______

3. ______

If (3) three sources are not contacted please explain.

If lowest bid is not selected please provide rationale for the selection.

Submitted by: ______

Print Name and Title/SignatureDate

Approved by: ______

Manager/Deputy Director SignatureDate