9
May 2019
Volume 25, Issue 2
: I am the Chief Procurement Ocer (CPO) for
my city, and I need to take a six-month medical
leave. May I delegate my procurement powers and
dues to another employee during my absence?
Yes. Secon 19 of Chapter 30B authorizes
the delegaon of a CPO’s powers and dues. You
should delegate your authority to the Town Manag-
er rather than to Jane Doe, the Town Manager. This
helps avoid any confusion in the event of sta
changes. Addionally, the delegaon may be lim-
ited to a parcular me period or a parcular pro-
curement, or the delegaon may be very broad. In
order to make a delegaon, complete and le a
Chief Procurement Ocer’s Delegaon of Procure-
ment Powers and Dues Form with our Oce.
: Can my jurisdicon solicit price quotaons
under Secon 4 of Chapter 30B for a one-year con-
tract, with a one-year renewal opon, that allows
for payments based on an index that increases or
decreases the unit price of the supply over the term
of the contract (i.e., the USDA Retail Milk Prices Re-
port)?
Yes. You need to include a rule for award in
your wrien purchase descripon that explains how
the pricing in the quotes will be compared, including
how and when the USDA Retail Milk Price Report
will be applied. Secon 12(c) of Chapter 30B re-
quires a wrien rule for award when a contract term
is longer than one year, and the opon to renew
means the contract may be for more than a year.
Remember, when you solicit quotes under
Secon 4 of Chapter 30B, you are required to award
the contract to the responsive and responsible ven-
dor oering the lowest price quotaon between
$10,000 and $50,000.
My police department is transioning from a
manual mekeeping system to an electronic-based
system. The esmated cost of the new system ex-
ceeds $50,000. We would like to use an invitaon
for bids (IFB) under Secon 5 of Chapter 30B and
award the contract to the responsive and responsi-
ble vendor oering the lowest price. However, we
are unsure whether we should award the contract
based on a xed-price or me-and-materials basis.
Does Secon 5 of Chapter 30B allow for the award
of a me-and-materials agreement?
Yes. Secon 5 of Chapter 30B allows for the
use of a xed-price or a me-and-materials agree-
ment when using an IFB to procure supplies or ser-
vices esmated to cost more than $50,000. Howev-
er, the Oce does not recommend using me-and-
materials (T&M) agreements. According to the fed-
eral acquision regulaons, a me-and-materials
agreement requires compensaon for a vendor for
supplies or services on the basis of “(1) Direct labor
hours at specied xed hourly rates that include
wages, overhead, general and administrave ex-
penses, and prot; and (2) Actual cost for materi-
als.” 48 C.F.R. § 16.601 (b). T&M agreements are
generally more dicult to oversee and create con-
tract management challenges. For example, you
need to verify vendor hours worked, who worked
those hours and what materials and supplies the
vendor used. Consequently, federal regulaons
state that “[a] me-and-materials contract may be
used only when it is not possible at the me of plac-
ing the contract to esmate accurately the extent or
duraon of the work or to ancipate costs with any
reasonable degree of condence.” 48 C.F.R. §
16.601 (c).
(FAQs connued on page 10)