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Agenda Item
ASR
Control 24-000070 |
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MEETING
DATE: |
06/04/24 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Michelle
Aguirre (714) 834-4304 |
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Maria
Agrusa (714) 834-6889 |
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Subject: Approve 2024 Contract Policy Manual
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/11/2021 #41, 4/27/2021 #53,
10/6/2020 #S16B, 8/13/2019 #19 |
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RECOMMENDED
ACTION(S):
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1. |
Approve 2024
Contract Policy Manual, effective July 1, 2024, and implement updated
Procurement Preference Policy procedures. |
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2. |
Adopt amended
Resolution authorizing the Director of OC Public Works, Sheriff-Coroner or
those qualified County officials or department designees identified by the
Director of OC Public Works or Sheriff-Coroner to advertise bids in the
manner set forth in Public Contract Code Section 22037 for the performance of
public projects described in Public Contract Code Section 22032(c) and Public
Contract Code Section 20128.5 on behalf of the County of Orange, subject to
the limitations provided in the Resolution. |
SUMMARY:
Approval of the 2024 Contract
Policy Manual and Resolution will update procurement policies, enhance the
County of Orange Procurement Preference Policy and consolidate
procurement-related policies into one comprehensive manual for consistency and
efficiency.
BACKGROUND
INFORMATION:
The County's Contract Policy Manual
(CPM) was previously updated and approved by the Board of Supervisors (Board)
on June 26, 2018, August 13, 2019, and May 11, 2021. On October 6, 2020, the
Board approved the Disabled Veteran Business Enterprise (DVBE) Preference
Policy and directed the County Procurement Office (CPO) to implement the DVBE
Preference Policy, effective January 1, 2021, and to update the CPM to reflect
implementation of the Policy. On April 27, 2021, the Board approved the
adoption of an ordinance to update procurement policies related to competitive
bidding and disposition of County surplus property.
On November 2, 2021, then Chairman
Do, established the Procurement Ad Hoc Committee to review and discuss updates
to the CPM. The Board designated Chairman Do and Vice Chairman Chaffee to the
Ad Hoc Committee, which did review and direct updates to the CPM. On February
6, 2024, Chairman Wagner established a new Ad Hoc Committee and the Board
designated Vice Chairman Chaffee and Supervisor Sarmiento. Following a series
of meetings and input from key County stakeholders, including the County
Executive Office (CEO), County Counsel, OC Public Works, CEO Real Estate
Services and the Procurement Council, the 2024 revision of the CPM is presented
for Board consideration and approval. The CPM updates consist of substantive
changes, including various enhancements to the Preference Policy, review and
consolidation of the County’s Design and Construction Procurement Policy Manual
and incorporation of various Real Estate procurement-related policies; thus,
additional time was necessary to conduct research associated with the revisions
and to ensure appropriate review and input was obtained from key
stakeholders.
Key elements of the revisions
recommended by the Procurement Ad Hoc Committees are identified below. All
revisions are shown in the redlined 2024 CPM (Attachment B).
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Incorporate into
the CPM and consolidate the policies of the Design and Construction
Procurement Policy Manual and Real Estate Procurement related policies to
ensure one comprehensive procurement manual and further enhance
standardization of procurement contracts. [Section 1.6.1, Sections 3.4–3.7] |
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Consolidate
Human Services Contracts and Service Contracts sections to properly align
policies and ensure consistency. [Section 3.3-101(1)(i)] |
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Reorganize as
its own section and enhance the County of Orange Procurement Preference
Policy to incorporate [Section 1.8]: - Eligibility
for contractors to qualify for the preference using Orange County Local Small
Business (OCLSB) and Disabled Veteran Business Enterprise (DVBE)
subcontractors [Section 1.8-102(3)] - A (3) three
percent award requirement to OCLSB/DVBE subcontractors for public works
projects over $5,000,000, except as otherwise required or prohibited by
Federal or State funding requirements [Section 3.6-107] |
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Allow extensions
of Commodities and Services contracts up to one year beyond the fifth year
provided there are no monetary increases or material changes to the contract.
For example, additional time may be needed to conduct a solicitation.
[Section 3.1-104; Section 3.3-106] |
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Incorporate
Memorandum of Understanding (MOU) section, which establishes definitions and
policies for the use of MOUs. [Section 3.8] |
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Incorporate
authority for the procurement of cash alternatives (e.g., gift cards), food,
travel and court-ordered commodities/services. [Section 1.1-107(1),
3.1-101(1)(f), 3.1-122] |
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The recommended effective date of the 2024
CPM is July 1, 2024, to allow time for development and revision of
documentation and procedures and to educate department Deputy Purchasing Agents
on the revisions.
Resolution
of Delegation
As the Design and Construction
Procurement Policy Manual will be consolidated into the 2024 CPM, approval of
the amended Resolution will continue to authorize the Director of OC Public
Works, Sheriff-Coroner or those qualified County officials or department
designees identified by the Director of OC Public Works or Sheriff-Coroner to
advertise for bids, which includes the adoption of plans, specifications, and
working details, in accordance with the Public Contract Code for public works
projects on behalf of the County and the Orange County Flood Control District.
FINANCIAL
IMPACT:
N/A
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – 2024 Contract Policy Manual
Attachment B – Redline - Contract Policy Manual
Attachment C – Resolution