Office of the State Auditor & Inspector. Gary A. Jones, CPA, CFE

Similar documents
Purchasing Handbook for Oklahoma Counties. January 2015

Financial Responsibilities. Financial Responsibilities. Financial Responsibilities MUNICIPAL ELECTED OFFICIALS /18/2018

MARKETING AND REDISTRIBUTION CHAPTER 8 DEPARTMENT OF FINANCE AND ADMINISTRATION Marketing and Redistribution of state personal property.

DIVISION 2. PURCHASES, CONTRACTS AND SALE OF PROPERTY* Sec Purchasing agent. Sec Purchase and contractual requirements generally.

230.2 Procurement Thresholds (Goods and Non-Professional Services)

Common Audit Findings Related to Purchasing and How to Avoid Them

Procurement and Purchasing Procedure Manual October 15, 2015

CTAS e-li. Published on e-li ( July 22, 2018 County Purchasing Law of 1957

Purchasing Policy. Approved: July 23, 2018 Effective: July 23, Purchasing Policy, City of Saco, Approved 7/23/18 1

SENATE FLOOR VERSION February 13, 2017

PROCUREMENT POLICIES AND PROCEDURES AS REQUIRED UNDER GENERAL MUNICIPAL LAW SECTIONS 103 and 104-B.

Contracts and Purchasing. Contracts and Purchasing. Competitive Bid Law Legal Authority for Boards. AASBO Certificate Program April 21 and 22, 2014

Nebraska Association of County Officials

PURCHASING LAW BASICS FOR COUNTIES

SERVICE CONTRACTS (except for A/E professional services) AND PURCHASE CONTRACTS (purchasing apparatus, supplies, materials, or equipment)

TITLE 5 MUNICIPAL FINANCE AND TAXATION 1 CHAPTER 1 MISCELLANEOUS

Intent: To establish a policy and guidelines for all procurement activities in the city. SECTION I: Purpose of Purchasing Policies...

HPL PROCUREMENT POLICIES HAMBURG PUBLIC LIBRARY PROCUREMENT POLICIES AND PROCEDURES AS REQUIRED UNDER GENERAL MUNICIPAL LAW SECTIONS 103 and 104-B.

A. The purpose of this policy is to establish purchasing guidelines. This policy is applicable to all purchasing for the City of Moscow Mills.

SCHOOL BUSINESS LAW: THINGS YOU NEED TO KNOW IN THIS ECONOMY

CONTRACTING - BID LAWS

STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR

COMPETITIVE BIDDING NOTICE INVITATION TO BID. The County of Waller proposes to purchase the following items on competitive bid:

BOARD OF TRUSTEES JEFFERSON TOWNSHIP, MONTGOMERY COUNTY, OHIO RESOLUTION NO 16-38

M.G.L. c. 30B Bidding Basics

Chapter 16 PROCUREMENT. Procurement through NMSA Purchasing Discounts 13-1A-1 through 13-1A-4 NMSA 1978

INFORMATION FOR VENDORS DOING BUSINESS WITH THE CITY OF CORAL SPRINGS, FLORIDA FINANCIAL SERVICES DEPT

PURCHASING AND CERTIFYING FUNDS ORC (D)(1)

Charleston County School District. Procurement Services

13-1 CHAPTER 13 BIDS AND CONTRACTS

PROCUREMENT MANUAL Guide for City Departments Including Policies and Procedures

PUBLIC PROCUREMENT BASICS

TRIBAL CODE CHAPTER 13 PROCUREMENT AND PROPERTY MANAGEMENT

COMPETITIVE BIDDING NOTICE INVITATION TO BID. The County of Waller proposes to purchase the following items on competitive bid:

New York State Housing Trust Fund Corporation M E M O R A N D U M ANNUAL REPORT ON PROPERTY DISPOSAL GUIDELINES

City of Keller Glossary of Procurement Terms. Addendum: A written change to a Bid, Quote, RFQ, or RFP during the solicitation process.

REQUIREMENTS FOR CONSTRUCTION AND CONSTRUCTION RELATED CONTRACTS WITH VALUES OF LESS THAN $200,000

COMPETITIVE BIDDING NOTICE INVITATION TO BID. The County of Waller proposes to purchase the following items on competitive bid: HYDRATED LIME

The President is authorized to delegate this authority to the Vice President for Administration and Treasurer.

CORTLAND COUNTY PURCHASING POLICY INDEX. INTRODUCTION Page 1. ETHICS OF PURCHASING Page 1. DEFINITIONS Page 2

Purchasing Guide. MTAS MORe. Published on MTAS ( November 06, 2018

Austin Peay State University Disposal of Surplus Personal Property. Policy Statement

Chapter 5. Competitive Sealed Bidding: Procedure

ARTICLE I 1. STATEMENT OF PURPOSE AND APPLICABILITY

LWDB PROCUREMENT / PROPERTY MANAGEMENT POLICY

The enclosed packet contains information regarding the 2016 tax sale and our tax sale procedures.

TOWN OF LINCOLN INVITATION TO BID 2018 TOWN CALENDAR RFP #

November 2017 Legal Calendar

Town of Waldoboro ADMINISTRATIVE POLICY

Town of North Castle New York REQUEST FOR PROPOSALS REAL ESTATE BROKER SERVICES

REQUEST FOR PROPOSAL. SEEKING A MANAGEMENT AGENT for the CASA DE LOS ARCOS HOUSING PROJECT. RFP No

BASICS OF THE COUNTY PURCHASING ACT AND COMPETITIVE BIDDING. Introduction

INTERNAL AUDIT DIVISION CLERK OF THE CIRCUIT COURT

DISPOSAL OF PROPERTY GUIDELINES Dutchess County Water and Wastewater Authority

PURCHASING and ACQUISITION

Process information you will need to gain access to MUNIS

RULES OF THE DEPARTMENT OF GENERAL SERVICES DIVISION OF STATE PERSONAL PROPERTY UTILIZATION CHAPTER DISPOSAL OF STATE SURPLUS PROPERTY

City of Richmond Administrative Manual

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 S 2 SENATE BILL 554 Education/Higher Education Committee Substitute Adopted 6/24/16

School District Bidding Requirements Under North Dakota Law NDSBA Fall School Law Seminar Nicholas C. Grant Ebeltoft. Sickler. Lawyers.

DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411

COMPETITIVE BIDDING NOTICE INVITATION TO BID. The County of Waller proposes to purchase the following items on competitive bid:

Florida Gulf Coast University Board of Trustees September 14, 2004

PROPERTY DISPOSITION GUIDELINES OF STATE OF NEW YORK MORTGAGE AGENCY, ESTABLISHING STANDARDS FOR THE DISPOSITION AND REPORTING OF PROPERTY

NON-STANDARD (VENDOR ORIGINATED) CONTRACT PROCESSING PROCEDURE

What is the Omni-Circular Final Guidance on the Uniform Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards

Chapter 11. Competitive Negotiation: Procedure

PURCHASING, BIDS, CONTRACTS. Policy i

VIRGINIA PORT AUTHORITY PROCUREMENT AND SURPLUS PROPERTY MANUAL

OPERATIONS MANUAL CHAPTER 3 ACQUISITION AND PROPERTY MANAGEMENT

OFFICE OF FINANCIAL MANAGEMENT & BUDGET (OFMB) CUSTODY AND DISPOSAL OF SURPLUS ASSETS

California Multiple Award Schedules (CMAS) How to become a California Multiple Award Schedules (CMAS) Contractor

PROCUREMENT POLICY PURCHASING GUIDELINES CONTRACT AND SURPLUS AUTHORITY

CHAPTER 303 TAX ACQUIRED PROPERTY PROCEDURES ORDINANCE TOWN OF GRAY Adopted March 1, 2011 Effective March 31, 2011

EAST BATON ROUGE REDEVELOPMENT AUTHORITY ADMINISTRATIVE POLICY PROCUREMENT CONTRACTING AND DBE POLICY FOR FEDERALLY FUNDED PROJECTS.

ENGINEERING DEPARTMENT

IC Chapter 15. Public Safety Communications Systems and Computer Facilities Districts

City of Atwater Purchasing System Manual

HOUSING AUTHORITY OF THE CITY OF LAKE CHARLES

Chapter 9. Competitive Sealed Bidding: Evaluating Bids

Step-By-Step Procedures for Disposal of Surplus Property For North Carolina Local Governments

Questions from Tampa Machinery:

Minnesota State Colleges and Universities System Procedures Chapter 6 Facilities Management

H. UNIVERSITY PROCUREMENT CODE

HUNTINGDON SPECIAL SCHOOL DISTRICT PROCUREMENT PLAN CHILD NUTRITION PROGRAM

PROPERTY CONTROL. Policy 455 i

Tel: (617) Fax: (617) OWNER S PROJECT MANAGER GUIDELINES M.G.L. c. 149, 44A1/2

PROCUREMENT CODE: What Districts Need to Know

ANNUAL INVENTORY AND PROPERTY DISPOSITION REPORT For the Period Commencing February 2, 2014 and Ending February 1, 2015

BEND-LA PINE PUBLIC SCHOOLS MODEL PROCUREMENT RULES FOR ADOPTION

SURPLUS PROPERTY SALES PROCEDURES. ECONOMIC DEVELOPMENT AND HOUSING COMMITTEE May 1, 2006

NoRTEC Policy Statement Property Purchasing, Inventory and Disposal

CHAPTER 304 TOWN OF SCARBOROUGH PURCHASING POLICY

CITY OF CLARKSVILLE, TENNESSEE

Everett PURCHASING GUIDELINES

WEST BLOOMFIELD TOWNSHIP INVITATION TO BID. CDBG MINOR HOME REPAIR CONTRACT PROGRAM YEAR 2014 DEADLINE: Wednesday, September 24 th, 2014 at 2:00 p.m.

Non-Competitive / Exempt List of Commodities and Services

PERRY CITY UTAH REQUEST FOR PROPOSALS REAL ESTATE BROKER SERVICES

Discussion of the Alabama Competitive Bid Law and Public Works Law

Prepared by Office of Procurement and Real Property Management. This replaces Administrative Procedure No. A8.215 dated November 2012 A8.

Transcription:

Office of the State Auditor & Inspector Gary A. Jones, CPA, CFE

Objectives: 1. How are purchases made in county government? 2. General purchasing issues. 3. Audit issues found by OSAI during the audit process.

Purchasing Process: Requisitioning officer will start the process by requisitioning the goods or services. Purchasing Agent will Encumber funds county cannot incur indebtedness past the current fiscal year. (OK Constitution Article 10 26) Ordering goods/services although the statutes direct the Purchasing Agent to order the goods and/or services, most officials do this for their offices.

Purchasing Process: Receiving officer will complete a receiving report and certify that goods/services were received. Forwards invoice and receiving report to the Purchasing Agent. County Clerk/Purchasing Agent processes the PO and submits to the BOCC for approval for payment. (PO is red stamped if proper purchasing procedures were not followed.)

Purchasing Process: BOCC approves all claims in an open meeting. County Clerk issues warrants for each purchase order. Chairman of the BOCC signs/stamps each warrant. County Clerk delivers warrants to Treasurer s office to be registered. When warrants reach the bank, the Treasurer issues a check to pay for the warrants.

Officer Handbooks Prepared by OSU: Purchasing Handbook County Clerk Handbook County Treasurer Handbook Commissioners Handbook County Sheriff Handbook Court Clerk Handbook County Assessor Handbook http://www.agecon.okstate.edu/ctp

OSU County Training Program Classes Offered: Purchasing Open meetings/open records Budget process See website for complete listing of classes and dates.

Why does OSAI refer you to your District Attorney? Sometimes the law is not clear. County Government is only given authority expressly granted to it by the State. The statutes do not cover some issues/situations. In these instances, OSAI cannot make management decisions for you. OSAI can only offer alternative solutions.

When is Bidding Required? The County is required to solicit bids when the purchase of goods and/or services will be $10,000 or more. This applies to purchases of equipment, inventory, and road materials.

Title 19 O.S. 1501.A.3: The Purchasing Agent can purchase items from: The State bid contract by contacting the purchasing division of OMES, General Services Administration, or A local vendor who wants to offer the exact item at the same price or lower price offered by Oklahoma Office of Management Enterprise Services (OMES) or General Services Administration (GSA).

What is the Cost of Soliciting Bids? Publication cost for general circulation newspaper in the County - $50. Cost to mail bid packets to vendors who have requested the Clerk to include their name on the mailing list - $25. If planned properly, an item can be properly bid and the bid can be awarded within 14-20 days. Notices must be mailed and published at least 10 days prior to opening bids.

What is a Split Purchase Order? A split purchase order is the deliberate attempt to circumvent the purchasing procedures. An item(s) costing $10,000 or more is split between 2 or more purchase orders so that it does not have the appearance of requiring the item(s) to be properly bid.

What is bid spec ing? Soliciting bids in such a specific format that it would exclude competitive vendors from submitting a bid. For example, soliciting bids for a Ford. This would exclude a competitive vendor such as GM from submitting a bid. Also, soliciting bids for a specific type of motor only made by a vendor would also violate competitive bidding laws. There are very few items that could ever be considered sole source.

Title 19 O.S. 1501.A.3.k: What are the options if the vendor who was awarded the bid is no longer able to perform? Cancel and re-bid, Solicit telephone quotes for the needed item(s) from the list of qualified bidders at the lowest and best quote available, or Use the next lowest bidder. *Note* - The next time a purchase is made, it must be re-bid.

Title 19 O.S. 1501.A.3.g: How are purchases of fuel to be bid? Most vendors will not commit to a firm price for fuel longer than 2 weeks, Telephone quotes should be requested, The lowest and best bid, including cost of delivery, should be accepted, and Documentation of why the lowest bid was not accepted should be noted in the minutes of the BOCC meetings.

Statutory Requirement: All action taken regarding the surplus, sale, or purchase of equipment should be taken in a BOCC meeting and properly documented in the minutes of the meeting.

Title 19 O.S. 1501.A.3.c: Purchases from single source: Single source items are very rare. Often, the only sure way to make this determination is to open the purchase for bid. The Purchasing Agent should be reviewing the State Contract (OMES) and the GSA Contract prior to concluding the item is single source. OSAI usually recommends the County consult with their legal counsel.

Title 19 O.S. 1505.D.3: Purchasing item(s) at a public auction: A PO with a description of the item and the maximum bid to be made should be encumbered prior to the auction date. The Purchasing Agent must certify that funds are available.

Title 19 421.1C - Selling Items on Online Auctions: The board of county commissioners may hold a public auction or use an Internet auction, which may include online bidding, in lieu of advertising for sealed bids as provided above. Such auction shall be advertised as provided herein. The board of county commissioners shall give notice of such sale by publication in a newspaper of general paid circulation in the county for two (2) successive weekly issues;

Title 19 O.S. 1501.A.3.h Purchasing from the State or Political Subdivisions: Purchases may be made from a state agency or political subdivision of the state without having to follow bidding procedures as provided for in Title 19 O.S. 421.1. Title 19 O.S. 421.1 restricts the sale to a state agency subject to The Oklahoma Central Purchasing Act or a political subdivision subject to such act or a similar competitive bidding procedure. When in doubt.bid.

Title 19 O.S. 1501.A.3.q: Emergency Purchases: Requires the county officer to certify that an emergency exists requiring an immediate expenditure of funds. The amount shall not exceed $5,000. The county officer shall provide the purchasing agent a written explanation of the emergency to attach to the PO. Examples: medical care for an inmate, A/C repair on the weekend for buildings, etc.

Title 19 O.S. 1501.A.3.q: Emergency declared by the Governor or President: The District Attorney has the authority to temporarily waive competitive bidding procedures for purchases that may expedite a response to an emergency situation. Should be provided in writing to the Purchasing Agent. Bids should be solicited as soon as possible.

FEMA Purchases are Different: A waiver from the District Attorney will not meet FEMA requirements. The grant agreement the County signs with FEMA states that the County will follow the State s procurement procedures. Not those outlined in Title 19. Architectural and Engineering Services must be bid for FEMA projects. - not necessarily in a competitive amount. 44 CFR 13.36

MISCELLANEOUS

Title 19 O.S. 1506: County Sheriff s Offices are the only offices authorized by statute to have a credit card. Credit amount is limited by population of the County. The card should be issued in the County s name. All purchases should still follow purchasing procedures as outline in Title 19 O.S. 1501-1505.

Title 61 O.S. 103: Public Competitive Bidding Act: All public construction contracts exceeding $50,000 should be awarded to the lowest responsible bidder. A written contract, bond, and insurance are required. For construction contracts less than $50,000, bid should be awarded to the lowest responsible bidder. Written bids are required. Work may be commenced in accordance with purchasing procedure of the entity. Construction contracts for less than $5,000 may be negotiated with a qualified contractor.

Work on Private Property or Other Entity: OSAI strongly recommends you get guidance from your District Attorney before performing any work on private property. If the County is requested to perform work for any political subdivision, municipality, or school district, the County must have a local cooperative agreement approved by the District Attorney and approved by the BOCC in an open meeting.

Title 19 O.S. 333 Restrictions on Officer Spending prior to Election: Any county commissioner who fails to file for reelection or is defeated in any primary or general election or by any other manner it is impossible for the commissioner to serve another term in office, shall not acquire, purchase, contract for or dispose of any machinery or equipment, or expend or approve for expenditure any monies for any purpose other than normal or routine operating expenditures except as provided in this section.

Sale of Recyclable Materials: Title 19 421.1H: The Board of County Commissioners my solicit telephone bids for the removal of recyclable materials. Effective November 1, 2013

Accepting All 6-Month Bids: Not an acceptable practice. Title 19 1505B.4: The BOCC shall open all sealed bids in an open meeting and compare them to the State contract price. The BOCC shall select the lowest and best bid based upon the availability of material and transportation cost to the job site within 30 days of the meeting.

Accepting All 6-Month Bids: Title 19 1505B.5 outlines procedures to follow when a vendor who is the lowest bidder cannot fulfill the terms of the bid. Documentation is extremely important to reflect compliance with this statute.

Lease-Purchases from the State Contract: The only way to purchase items from the State Contract is to pay in full. An item may not be lease-purchased from the State Contract. The terms of the financing must be bid as part of the purchase.

Trading-in Leased Equipment: Note A piece of equipment that is part of a lease-purchase cannot be traded-in. The title to the lease-purchase is not in the County s name.

Locating Items on State Contract: Oklahoma Department of Central Purchasing (part of OMES) 405-522-0955

When Can A Bid Be Solicited? ANYTIME! It is always a good business practice to get the best deal for the taxpayers money.

QUESTIONS?

OSAI Offices & Important Phone Numbers OSAI Offices/ Important Phone Numbers: Deputy State Auditor - Cindy Perry, CPA (580) 332-3845 - cperry@sai.ok.gov Management Services Division - Cheryl Wilson (405) 521-3449 - cwilson@sai.ok.gov Ada - Manager, James Dickerson (580) 332-3845 - jdickerson@sai.ok.gov Weatherford - Manager, Sherri Merle (580) 772-1312 - smerle@sai.ok.gov OKC - Manager, Marla Latham (405) 713-1833 - mlatham@sai.ok.gov Duncan - Manager, Ricky Branch (580) 470-8208 - rbranch@sai.ok.gov Helpful Websites and the information available on them www.sai.ok.gov - Copies of prior year published audits, helpful forms and F.A.Q. http://www.agecon.okstate.edu/ctp - Officer Handbooks prepared by OSU. http://www.agecon.okstate.edu/ctp/schedule.asp - OSU Training Schedule for calendar of upcoming events.