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ADMINISTRATIVE STAFF
Mike Hein, City Manager
Mike Letcher, Deputy City Manager
Mark A. Neihart, C.P.M., Director of Procurement
Marcheta Gillespie, C.P.M., CPPB, Deputy Director of Procurement
Laura Jestings, C.P.M., CPPB, Contract Administrator, Purchasing Division
Jennifer Gillaspie, C.P.M., Contract Administrator, Design & Construction Division
Kathleen Bender, C.P.M., Contract Administrator, Services Contracting Division
Brian Garrity, C.P.M., Management Coordinator
TABLE OF CONTENTS
Forward
Mission Statement
Legal Authority
Organizational Plan
Procurement Authority
Hours of Business
Office Visits
Affirmative Action Policy
Recycled Material
Methods of Purchasing
Types of Contracts
Notice of Invitation for Bid (IFB) and Request for Proposal (RFP)
Procurement Web Site
Bidders’ List
IFB and RFP Submittals
Construction Contracts
Bid/Proposal Opening
Tabulation and Awards
Living Wage
Rejected Bids
Errors/Withdrawals
Applicable Taxes
Tax Offset Policy
Deliveries
Delivery Dates
Hazard Communication Act (MSDS)
Partial Deliveries
Vendor Invoices
Payment
Legal and Contractual Remedies
Surplus/Auctions
FORWARD
The City of Tucson’s Department of Procurement is dedicated to the principles of competition and fairness. It operates under the auspices of
federal, state, and local law. In addition, the Director of Procurement assures that all public procurement practices are within the framework of the highest ethical standards. Department of Procurement personnel
are strictly prohibited from taking any actions which do not reflect the ideals of honor and integrity in the expenditure of public funds.
Our goal is to ensure that Tucson taxpayers receive the maximum value
for every expenditure. Towards that goal, we encourage qualified vendors to participate in doing business with the City of Tucson.
The purpose of this information is to acquaint individuals who sell to the
City with the procedures followed by the Department of Procurement in carrying out purchasing activities for the City. It seeks to promote pleasant and businesslike relationships with City procurement personnel.
This information is intended as a general guide and as such may not answer all questions which you may have. If you have any questions which are not answered here, please contact the Procurement Office at (520)
791-4217 (telephone) or (520)791-4735 (facsimile).
MISSION STATEMENT
Ensure that the materials and services required by the City are available on time, are of the best value, and are acquired with integrity.
LEGAL AUTHORITY
The legal authority for the operation of the Department of Procurement is established by the City Charter, Tucson Procurement Code, and State laws.
ORGANIZATIONAL PLAN
Organizational plan for the Department of Procurement and its relation to the vendor:
DIRECTOR OF PROCUREMENT
DEPUTY DIRECTOR OF PROCUREMENT
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Purchasing Division
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Design & Const Division
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Services Cont Division
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Stores
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(commodities)
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(D&C services)
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(services/ construction)
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(materials mgmt)
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(520)791-4217
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(520)791-4217
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(520)791-4704
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(520)791-3169
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Contract Administrator
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Contract Administrator
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Contract Administrator
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Stores Superintendent
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Contract Officers
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Contract Officers
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Contract Officers
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Storekeepers
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Facsimile: (520) 791-4735 - Purchasing/Contracts Divisons
(520) 791-5875 - D&C Division
PROCUREMENT AUTHORITY
The Director of Procurement, as stated in the City Charter, has the sole responsibility for the operation of the Department of Procurement.
The City Charter and the Tucson Procurement Code prohibit the purchase of any item or service by anyone other than the City’s Director of Procurement or designated
employees directly under the Director’s supervision. Therefore, the City will not be responsible for payment of orders placed by anyone outside the Department of
Procurement. Orders not placed by the proper authority will not be paid by the City of Tucson.
Bidders are encouraged to obtain a copy of the City of Tucson Procurement Code,
which contains helpful information on bidding requirements. The City’s Procurement Code may be obtained from the City Clerk’s Office at City Hall, (520) 791-4213 or downloaded from the Procurement website.
HOURS OF BUSINESS
The Department of Procurement is open for business from 8:00 AM to 5:00 PM, Monday through Friday, at 255 West Alameda, Tucson, Arizona.
OFFICE VISITS
Sales representatives are a valuable source of information in obtaining bids, specifications, state of the art advancements or product improvements, and in resolving
problems in delivery, billing and payment difficulties, etc. We value your visits. However, we recommend you call for appointments in order to productively utilize our time and yours.
AFFIRMATIVE ACTION POLICY
It is the policy of the City of Tucson to require that firms providing goods and services to
the City adhere to a policy of equal employment opportunity. Firms shall demonstrate an affirmative effort to recruit, hire, promote and upgrade the position of employees
regardless of race, color, religion, ancestry, sex, physical handicap, national origin, sexual or affectional preference, or marital status.
The City of Tucson is committed to an affirmative action program in contracting with small and women-owned businesses. Minority and/or woman owned businesses may
seek assistance in doing business with the City by contacting the Equal Employment Opportunity Office at (520)791-4593.
RECYCLED MATERIAL
The City of Tucson supports the purchase of recycled materials, both in products that are reduced to raw material and remade into material that can be used for other
purposes, as well as items that can be rebuilt or remanufactured and placed back into service for continuous use. In an effort to support recycling, the Director of Procurement
is authorized to purchase recycled material if the price differential between available virgin material and recycled material is within ten percent and there is an insignificant impact on the overall project budget.
The Department of Procurement requires that all printed material, produced by a contractor in the performance of a contract, shall be printed on recycled paper, labeled
as printed on recycled paper and duplexed whenever practicable.
METHODS OF PURCHASING
The City of Tucson utilizes the following methods of purchasing: formal Request for Proposal (RFP), formal Invitation for Bid (IFB), informal Request for Quotation (RFQ -
written and phone solicitations), and Request for Qualifications (architectural/engineering services). Formal solicitations, RFPs and IFBs, require
posting of a public notice, submission of a sealed bid or proposal, public bid opening or acknowledgment and an award by the Director of Procurement. Formal IFBs and RFPs are for purchases in excess of $50,000.
Informal requests for quotation may be either written or oral. Although a sealed bid technique is not used, all informal quotations are made on a competitive basis securing
quotes from at least three (3) vendors whenever possible.
TYPES OF CONTRACTS
The City of Tucson normally contracts for two types of purchases, either a one time contract or a term contract.
- One Time Contract: The City procures required services or materials on a one time basis. A firm price is requested for fixed quantities with single or multiple
delivery sites. Depending on the dollar amount of the purchase, the formal sealed solicitation method or informal quotation method is used.
- Term Contract: The City has established, and continues to establish, term contracts for estimated quantities of materials or services commonly used in
volume by specific departments or on a City-wide basis. These contracts are awarded by a formal sealed solicitation method for a specified period of time.
NOTICE OF INVITATION TO BID
AND REQUEST FOR PROPOSAL
When the City purchases by formal competitive bid, a Notice of Invitation for Bid is posted in the Department of Procurement and the Procurement website. When the City
purchases professional or other services, a Notice of Request for Proposal is posted. All notices for construction and Federally funded projects are published in the legal
notices section of the "official" newspaper of the City. When a wider distribution is deemed necessary for any type of solicitation, additional publications may be used to
circulate the required information.
Vendors registered on the City's bidders' list will automatically receive notification of IFBs and RFPs in the commodity classes for which they have registered. Any vendor
not already on the City's list of bidders may obtain a copy of an IFB or RFP by downloading bids from the Procurement website, or by visiting the Procurement Office.
Information on bids or proposals may also be obtained by calling (520)791-4217.
PROCUREMENT WEB SITE
You may visit the Department of Procurement's web site at www.ci.tucson.az.us/procure. Information available on Procurement's web site includes:
1) listing of solicitations (IFB, RFP, RFQ); 2) listing of staff members and areas of responsibility; 3) Tucson Procurement Code and much more. For questions regarding
Procurement's web site, please contact Procurement at (520)791-4217.
BIDDERS’ LIST
A bidders' list of all known commodities and services purchased by the City is maintained by the Department of Procurement. These commodities and services are
categorized by class and subclass. Vendors are responsible for registering their business under the appropriate class and subclass listing.
Vendors can register to do business with the City of Tucson through Procurement’s online vendor registration system. The registration site is reached through
Procurement’s website, by selecting the category VENDOR SERVICES.
To register, a vendor enters their Federal ID number or Social Security number. The
system returns with business forms for the vendor to complete. The business information includes name, address, phone, e-mail, etc. as well as information on the
type of busienss and types of commodities and/or services the vendor can provide to the City of Tucson.
Once registered, the vendor is responsible for maintaining the vendor record by
updating information as needed.
To ensure maximum bid participation, vendors should regularly check for posted notices and official advertisement on the Procurement web site.
Failure to respond to a formal solicitation is defined as a total lack of response when invited to bid. The City of Tucson reserves the right to update and validate the bidders'
list from time to time and may require renewal of applications on file. The City requires an up-to-date application on file prior to the award of any contract.
IFB AND RFP SUBMITTALS
All bids and proposals shall be submitted as specified in the "Invitation for Bid" or
"Request for Proposal" and mailed to the Department of Procurement, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726-7210, or delivered to the Procurement Office
located at 255 W. Alameda, 6th Floor West, Tucson, Arizona. They must be received and time stamped in the Procurement Office before the date and time stated for the
opening of the bid/proposal. Bids and proposals received after the designated time will be returned unopened and will not be considered. Sealed envelopes containing bids or
proposals must state clearly on the outside the vendor's name and address, the bid/proposal number, name of the bid/proposal and the date the bid/proposal will open.
CONSTRUCTION CONTRACTS
Construction contracts for City projects are generally competitively bid through the Invitation for Bid (IFB) process and are awarded to the lowest responsive and
responsible bidder. Based upon Alternative Delivery Method legislation, applicable City projects may now be competitively solicited through the Request for Qualification
(RFQ) process and awarded to the most qualified offeror.
Departments which regularly contract for construction include:
- Community Services Department: Projects include public housing rehabilitation and new construction.
- Environmental Management Office: Projects include underground and above ground storage tank (UST and AST) removals, installations and soil remediation.
- Operations Department/Facilities Design and Management Division: Projects include new building construction, City building renovations.
- Parks and Recreation Department: Projects include new parks, pools, irrigation installation, landscaping and fencing.
- Solid Waste Management: Landfill expansions and closures; gas mitigation systems.
- Transportation Department: Projects include street widening, overlays, bridges, median landscaping, drainage improvements, bank protection and demolitions.
- Water Department: Projects include boosters, controls/devices, pipe lines, production wells, pumping plants, reservoirs, storage tanks and treatment plants.
The Procurement Department may be contacted at (520)791-4704 to obtain information about these projects, including where to obtain plans, specifications/bid
books, bid periods, bonds and insurance requirements.
BID/PROPOSAL OPENING
Unless otherwise stated on the Notice page, all formal bids and proposals, excluding proposals for A/E Services, are opened publicly in the Department of Procurement
conference room, 6th Floor, City Hall, 255 W. Alameda, on the date and at the time shown in the Notice of Invitation for Bids/Notice of Request for Proposal.
The Director of Procurement's designated representative presides over the bid/proposal openings. Other representatives of the City may be in attendance. The
designated representative shall read prices, delivery, terms and conditions relating to the bid. Formal proposals are recognized publicly only by identification of the proposer.
Price or other proposal information is not divulged. A cordial invitation is extended to bidders, offerors, sales staff, the press and the interested public to be present at the bid/proposal opening.
No decisions of award or rejections are made during the bid/proposal opening. No discussions relating to the bids or proposals are entered into during the opening.
TABULATION AND AWARDS
All formal bids are tabulated in the Department of Procurement. Copies of the tabulations will be sent to all vendors submitting a bid and, upon request, to any other
vendor after the award. Copies are also available in the Procurement Department. Bid results are not given out over the telephone. Tabulations are not available for proposals.
Bids and proposals are public information and therefore may be inspected AFTER the award by visiting the Department of Procurement. All formal bids and proposals are
evaluated by the Director of Procurement or the designated representative, as well as the using department. For bids, the award is made to the lowest responsive and
responsible bidder meeting specifications. For proposals, the award is made to the offeror whose proposal is deemed most advantageous to the City based upon the
evaluation criteria. Prior to formal award, neither bids nor proposals are available for public inspection.
After the award has been made, Procurement will issue a purchase order to the
successful bidder/offeror.
LIVING WAGE
In September, 1999, the City adopted a Living Wage ordinance that focuses on creating a wage rate that will increase the ability of employees to support their families,
decrease the amount of poverty, and reduce the amount of taxpayer funded social services in Tucson.
Specifically, the employees of contractors providing specified services to the City are
paid either $8.58 or $9.66 an hour depending on whether the contractor offers health insurance benefits. This wage is paid for the hours the contractor’s employees work on specified services to the City.
The types of contracts requiring contractors to pay the living wage are facility/building maintenance, refuse collection and recycling, temporary employee services, janitorial
and custodial services, landscape maintenance and weed control, pest control, security, crowd management services, and moving services.
REJECTED BIDS
The City of Tucson reserves the right to reject any or all bids or proposals and to waive any informality in any bid/proposal.
ERRORS/WITHDRAWALS
The City of Tucson will allow for the correction or withdrawal of inadvertently erroneous bids before bid opening. After bid opening, corrections or withdrawals shall only be
permitted to the extent that the bidder can show, by clear and convincing evidence, that a mistake of a non-judgmental character was made. Further information on errors and
withdrawals is available in the Tucson Procurement Code.
APPLICABLE TAXES
The City of Tucson's two percent (2%) Business Privilege License Tax (City sales tax) is applicable to sales made to the City of Tucson by Tucson vendors and must be noted
on the bid form.
Resident Arizona vendors are responsible for the Arizona Transaction Privilege Tax (State Sales Tax). Applicable sales tax is not to be included in the bid price with the
exception of construction contracts.
The City of Tucson does not pay sales tax to out-of-state vendors. The City does pay
directly to the State of Arizona all Arizona sales and excise tax. Therefore, all vendors who do not maintain a business presence, directly or through a subsidiary, a
warehouse, sales office, distribution house, or other place of business in the State, are not to include State sales taxes in the bid price. The tax on any such award will be paid
by the City of Tucson (Use Tax Certificate of Registration No. 60-5866) directly to the State of Arizona.
The City Finance Director, upon request, will execute the exemption certificates in
connection with all orders when federal excise tax would otherwise be due.
TAX OFFSET POLICY
On August 6, 1990, the City of Tucson adopted an ordinance to provide for a City of Tucson sales tax off-set for purchases by the City. As a result of the ordinance,
purchases are now evaluated by adding to a base bid of a non-Tucson firm, a percentage equal to the taxes that would be paid to the taxing jurisdiction of the
non-Tucson firm. The amount of local taxes paid by a Tucson vendor are not added for purposes of evaluation. Firms located outside of Arizona are not affected by this policy.
DELIVERIES
All purchases are made F.O.B. destination, unless otherwise specified. The City’s title to goods occurs upon satisfactory delivery and acceptance at the delivery point shown
on the purchase order. Shipping charges, if applicable, must be included in the unit price of the items bid.
All shipments to the City of Tucson must be made to the locations designated on the
purchase order. Deliveries may be required to be made to different departments and divisions located in various parts of the City. The purchase order number must appear
on the shipping or delivery ticket. Failure to meet specified delivery schedules may result in cancellation of the order. At a minimum, such delinquency will be noted in the vendor’s business file.
DELIVERY DATES
Vendors should always state, on the bid form, the number of calendar days required before delivery of a product can be made, or they should indicate the specific date upon
which delivery will be made. The time required for delivery may be one of the most important considerations in determining who shall be awarded the bid. Successful
bidders will be expected to deliver the materials and/or services they are providing within the specified time. If delivery dates cannot be met, the Department of
Procurement must be notified immediately. The Department of Procurement will decide, after notification of late delivery, what action should be taken.
HAZARD COMMUNICATION ACT
Vendors are advised that the City of Tucson requires proper labeling and Material Safety Data Sheets (MSDS) on all products covered by the Hazard Communication Act
- 29 CFR 1910.1200. It is the vendor’s responsibility to determine which products are covered by the act and to provide MSDS with the initial shipment. It is also the vendor’s
responsibility to provide any updates or revisions of MSDS as they may become available for any products sold and delivered to the City of Tucson.
PARTIAL DELIVERIES
A delivery normally must be made in the exact quantity called for on the purchase order. Partial deliveries, however, are required and accepted in some instances. The City will
make payment on partial deliveries when (1) a contract for the supply of goods, commodities, or contractual services extends over a period of months, (2) authorization for payment is made by the receiving department.
In the case of any partial delivery, the shipping ticket and invoices must indicate the quantity being delivered and not the quantity ordered by the City.
VENDOR INVOICES
In order to receive payment for goods or services furnished to the City of Tucson, the vendor is required to submit one original and one copy of an invoice to the City of
Tucson Accounting Division, P.O. Box 27450, Tucson, AZ 85726. Invoices should not be sent to the using department or to the Department of Procurement. Submitting the
invoice anywhere other than to the Accounting Division may delay payment.
Invoices must show: (1) City purchase order number; (2) Complete descriptions of the
goods or services furnished; (3) Quantity; (4) Unit prices and extensions; (5) All applicable taxes; (6) The discount terms; (7) Name of department/division to which
shipment was made. In addition, the invoice should include the vendor’s invoice number.
HOW THE CITY PAYS
After a purchase order has been awarded to a vendor, four steps remain before a transaction is completed. These are (1) Delivery and acceptance of goods or services
to the using agency; (2) Report verifying receipt of goods or services by using agency; (3) Invoicing by the vendor; and, (4) Payment by the City.
PAYMENT
The vendor receives payment from the City after delivery and acceptance of the goods, commodities, or services. After the vendor has submitted an original and one copy of
an invoice for goods or services, the invoice is matched with the City’s receiving report and a copy of the purchase order. The City Finance Department then issues a check for the amount due to the vendor.
PAYMENT TERMS
Vendors must insure that payment terms are specifically stated in their bid. In a competitive market, the offering of a discount for prompt payment is often a decisive
factor as to whether a particular vendor is the low bidder. Cash discounts are deducted from the base bid in determining the low bidder, when such discounts are allowable for
payments made in excess of 21 days. The City interprets a percentage discount for payment "within 21 days" to mean that a discount will be allowed if the materials are
accepted and paid within 21 days after receipt of both the product and the vendor’s invoice. When the terms are not specifically stated, the City shall assume a 2%-21 days payment discount.
LEGAL AND CONTRACTUAL REMEDIES
Protest
In accordance with Section 28-76 of the Tucson Procurement Code, any actual or prospective bidder may protest a solicitation, proposed award or the award of a
contract. The protest must be submitted to the Department of Procurement in writing and must include the name, address and telephone number of the protestant; signature
of the protestant; identification of the solicitation or contract number; a detailed statement of the legal and factual grounds of the protest, including copies of relevant
documents; and the form of relief being requested.
Specific information on filing, timing, resolution and the appeals process are addressed
in the Tucson Procurement Code. It is the responsibility of the interested party to become familiar with the Code requirements. All requirements will be strictly adhered to by the Department of Procurement.
Debarment and Suspension
The Director of Procurement has the sole authority to debar and suspend a person from participating in City procurements. Information regarding debarment and suspension is
available in the Tucson Procurement Code.
SURPLUS/AUCTIONS
The City of Tucson is currently posting online auctions for the disposal of surplus property at www.citysurplus.org.
On some occasions, the City may utilize a formal Invitation for Bid to dispose of surplus items. Registering on the City’s bidder list, under surplus sales, will insure interested
bidders receive notifications of such sales.
Surplus, unclaimed, or lost property not needed by using departments, may be disposed of other than by competitive bid or public auction, provided that any such
non-competitive disposition is made pursuant to a request submitted to the Director of Procurement for review, approval of the City Attorney and approval by the Mayor and
Council. Mayor and Council shall consider the monetary loss to the City and determine whether such disposition is in the public’s best interest.
Questions regarding surplus and auctions may be directed to Brian Garrity, Management Coordinator, at (520)837-4126.
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