PROCUREMENT Conservation District

WDA “is not a procurement authority” We are not telling you how to purchase or procure materials or services, we are asking districts to develop, and or share established procurement policies with other districts, the WACD, and WDA. Doing so will help districts to:  operate consistency in procurement across the State = open-fully transparent government  assure the quality of supplies, materials, equipment or services are being delivered at the best possible price  continue to provide quality services to your districts region and citizenry 2

WDA asks that your CD consider the following: CD’s adopt their own policies, and share the policy with other districts. – As a rule we suggest that anytime quotes, bids, or contracts are awarded, “In-State Preference” should be applied, when out of state businesses are competing for the job. Preference to Wyoming Resident Bidder W.S In-state preference is applicable to the procurement of materials, supplies, equipment, or services to assure that Wyo. resident bidders are afforded an advantage over out-of-state bidders Awards shall be made to the resident making the lowest bid if such bid is not more than 5% higher than that of the lowest responsible non-resident bidder, provided that materials bid are not of inferior quality – Can you think of other things to consider? 3

A Little History In 1995, a Fremont Co. Representative asked the AG’s office if CD’s were accountable to state purchasing requirements? According to the statute that stipulates how the state is to purchase goods and services: Wyo. Stat (b) (xiv), CD’s do not fit the definition of an “agency” and there for are not required to obtain bids for supplies, materials or services. The AG’s opinion went on to say: “CD’s may still want to use the bid process in certain cases”. 4

Out of area bidders can also be an issue. The City of Laramie had to rebid its vehicles because it purchased them from a local dealer who wasn’t the lowest bidder. 5

Contracting and Biding  Independent of the type of method being used, be it a formal competitive sealed bid or other a “Procurement Justification” form should be created to track your purchasing action (A sample form has been provided in your books)  A Procurement Justification Form, approved by the Board of Supervisors, will provide the steps for formal bid or other procurement options such as: 1. Negotiated - approval means that competitive pricing was obtained by means other than formalized bidding with the prior knowledge and approval of the Board of Supervisors because formalized bidding would cause undue delay or would yield no results (Calls to three or more businesses asking for quotes) 2. Sole Source and/or Non-Negotiated - means that bidding is not feasible due to the requested commodities or services being available from only one vendor. 3. Emergency - approval means that danger is eminent to property and or personnel if the purchase is not carried out immediately 6

Procurement Justification Form  Must be Board approval, this form should layout the step by step process for your districts use, not intended to "expedite” the process. Except in the case of an emergency (see below)  These Forms are intended to be used by the district to track how business is being done, and to explain to outsiders the process used For example, a furnace goes out, it is the middle of winter or an unseasonal cold snap and a new furnace is needed, - OR - there is a flooded basement due to spring runoff and to stop the seepage a perimeter drain is needed. 7

Types of Actions - Formal Competitive BID Price is the only factor; however bidder must provide service within a stipulated time frame and to the specifications listed. All bid specifications must be met (one way of qualifying or disqualifying a bidder is through ability to meet listed specifications: timing, type of work or materials, monitoring or reporting needs) - RFP-Negotiated Bid Price is not the only one factor, again specifications are used to determine outcome of award. Requires contacting at least 3 or more companies, with them providing written quotes. Make sure that everyone contacted gets the same information - Sole Source/Non-Negotiated Bid – only one source & - Emergency (water heater goes out in the winter, or flooding is imminent) 8

Specifications or Ranking Criteria: Can Help Pick the Best Contractor or Service Specifications are requirements to be satisfied by a: product, material, service or process as to  Performance or Design  Combination of performance/design  Qualified products list  Brand Name or Equivalent Specifications must:  Define minimum requirements to allow for a competitive bid  Beyond that identify and list specific materials, timelines, procedures, or other needs to help your board make their decision  Allows keep in mind the goal is to provide an impartial award at the lowest possible cost, that can be justified if challenged 9

Purchasing continued Formal Bid or RFP Process – Vendors solicited to bid, how does your district do it now? Advertisement in the newspaper, use of phonebook, word of mouth? We suggest that advertisements go out for 3 successive weeks in 3 successive issues of an official newspaper for purchases, contracts, supplies, materials, equipment or services. Advertisements should be placed in an official newspaper in the county of performance, and if there is no such paper then in a newspaper within the State having a general circulation in that county. 10

Requests for Proposals – Negotiated Bid Write out all qualifications required for the job, make sure the same information is shared with all of the companies/entities contacted At a minimum contact 3 potential companies, ask for a quote listing the price and items or tasks being delivered, keep doing outreach until you have at least 3 quotes  We recommend you always apply In-State Preference if there is an out of state bidder for any job or service 11

Remember that CD Must Comply with Resident Contractor Preference When contacting for construction, remodeling or repairs to building or for any other public work or improvements if there is no requirement to advertise for bid or RFP, the project must be awarded to a resident contractor if advertisement for bid or RFP is required, contact will be given to a certified resident contactor making lowest bid if residents bid is not 5% higher than a nonresidents bid (W.S (a)) this includes public buildings, public structures, or for making any addition to, or for any public work or improvements – Certified Resident Contractors List can be found at: standards/Pages/Residency-Certifications-List.aspx 12

Any Questions With this presentation WDA has provided some suggestions for your and your boards consideration of defining a procurement process and creation of a Procurement Justification Form Upon gaining input from CD Boards, WDA Staff can work with the WACD and all CD staff’s to share a common J Form 13