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HomeMy WebLinkAboutResolutions - 2007.11.01 - 9300MISCELLANEOUS RESOLUTION #07250 November 1, 2007 BY: FINANCE COMMITTEE, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - CONTRACT EXCEPTIONS REPORT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS on March 5, 1992, the Board of Commissioners adopted M.R. #92-027 authorizing that, "There shall be monthly reports to the Finance Committee and appropriate liaison committees) of any contracts which are exceptions to the policies and procedures including sole- source, sole-vendor and contracts awarded to other than low bidder;" and WHEREAS it is the County's intent to continuously ensure an open, fair, and competitive bidding process; select the best qualified vendors; and expend the County's tax revenues judiciously; and WHEREAS, in the Finance Committee's financial stewardship role, it has drafted, in cooperation with Management & Budget, a list of questions as guidelines for the departments to follow as they prepare their Contract Exception Report submissions; NOW THEREFORE BE :T FURTHER RESOLVED the Board of Commissioners authorizes that M.R. #92-027 be amended such that software maintenance contract renewals may be excluded from the Contract Exception Report going forward, but that all other sole-source, sole-vendor, and competitively bid contracts awarded to other than the lowest responsible bidders and purchases over the established thresholds that were not competitively bid must be included in the Contract Exception Report. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Oakland County Management & Budget Memo To: All County Executive Departments and Countywide Elected Officers From: Commissioner Mike Rogers, Finance Committee Chair CC: Laurie Van Pelt, Art Holdsworth Date: 10/11/2007 Re: Contract Exception Report Submissions Since becoming Chair of the Finance Committee for the Board of Commissioners, I've noticed that the Contract Exception Report submissions often lack sufficient and relevant detail to explain why a purchase bypassed the required procurement procedures. Note that Miscellaneous Resolution 92-027 dearly states that 'There shall be monthly reports [to the Finance Committee of the Board of Commissioners] of any contracts which are exceptions to the policies and procedures, including sole- source, sole-vendor, and contracts awarded to other than [the] low bidder." The purpose of this resolution is to ensure an open, fair, and competitive bidding process; select the best qualified vendors; and expend the County's tax revenues judiciously. The Finance Committee takes very seriously its financial stewardship role and to that end I am stepping up the committee's efforts to challenge any and all Contract Exception Report submissions, and I fully expect your department/office to be prepared to address all of the committee's questions. While software maintenance contract renewals may be excluded from the Contract Exception Report going forward, all other sole-source, sole-vendor, and competitively bid contracts awarded to other than the lowest responsible bidders and purchases over the established thresholds that were not competitively bid must be included. To help you prepare your submissions and to provide the committee with the information it needs, I have drafted the attached list of questions, with the help of Management & Budget, for your use. I hope that you understand and appreciate the importance of the Contract Exception Report submissions and will use the list as a template going forward. Thank-you. • Page 1 2 List of Contract Exception Report Questions as a Guideline for Submissions 1. What steps / processes did you follow in choosing the vendor for this exception to established purchasing policies and procedures? 2. Was the product vendor / service provider chosen based on price, quality, and vendor performance history? 3. Discuss any unusual or unique circumstances (e.g., grant restrictions/requirements, contractual issues, service level or quality thresholds, availability and timeliness of need issues, the cost and/or time to retrain employees to use the new equipment was prohibitive, etc.), or other criteria / reasoning used, that led to this exception. 4. Was this product vendor / service provider selected to repair, maintain, or otherwise support an existing product (e.g., equipment, device, etc.)? If so, was the original product selected using a competitive bid? When? 5. What are / were the time table requirements for this exception and were they requirements or mandates set by other entities or governing bodies (and if so who)? 6. When were you made aware of the situation / need, as opposed to when the situation first arose? 7. Explain how / why the exception may qualify for a single source classification, e.g., the item or service is recognized in its field as one of a kind, the manufacturer of the item only sells direct with no distributors, the item or service is patented or proprietary, the expense or drawbacks to modify an existing standardized commodity would outweigh the single source purchase, etc. • Page 2 3 ',County Clerk MB= Resolution #07250 November 1, 2007 Moved by Potts supported by Greimel the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted and appointments being confirmed). I HEREBY APPROVE THE FOREdOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 1, 2007, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 1st day of November, 2007.