Issuance No: A23
Issuance Date: October 8, 2010, Revised 1/1/17; 7/11/17; 12/6/17
Subject: Procurement Policy
The Northwest Workforce Development Board (WDB) shall abide by the purchasing/expenditures section of the NCMC Board Policy Manual, which reads:
“In order to take advantage of the aggregate buying power of state/governmental and group purchasing organization contracts, the NCMC Board of Trustees has adopted the following:
6.4.00 Purchasing/Expenditures and Investment Policies
6.4.10 Purchase of items under $500.00 may be made on the open market.
6.4.20 Efforts to obtain competitive bids from three different vendor sources are required on all purchases over $500.00. Sole source bids must have adequate documentation to support claim. Awards will be made to the best responsible bidder whose bid is in accordance with the conditions and specifications of the bids. The right is reserved to reject any or all bids and to accept or reject any item thereon.
6.4.21 Purchase of items between a cost of $500.00 and $3,000.00
must have at least three verbal quotes (where reasonable).
Final approval on items up to $3,000.00 will be made by
the Business Office.
6.4.22 Purchase of items between a cost of $3,000.00 and $10,000
must have the support of written competitive quotations
(where reasonable) and must be approved by the President.
6.4.23 Purchase of items of $10,000 and over requires sealed bids
from the available vendors. Request for bids in this
category will be advertised in a newspaper or newspapers
of general circulation in the College district. Final approval
within this category will be made by the Board of Trustees.
Compliance with RSMo 34.353 is required.
6.4.24 Exceptions to the above listed bidding process may be made:
a) in an emergency situation; however, Business Manager or President approval must be obtained before the final purchase.
b) if pricing quotes are received from state/governmental contracts or group purchasing organizations for Higher Education. added 6/30/09
6.4.30 With prior approval of the College President, NCMC may transact business with vendors that have a direct/indirect, personal, professional, business, financial, or family interest/relationship with college personnel. If the business transaction involves the College President and/or his family, it must be approved by the president of Board of Trustees.
6.4.40 The director of a federal award program shall determine the allocability, allowability, and reasonableness of costs in accordance with the provisions of the applicable federal cost principles and the terms and conditions of the award. Final approval of expenditures shall be made by the NCMC Board of Trustees in consultation with the Chief Fiscal Officer and college president. added 6-26-07
6.4.50 Procurement procedures for federal awards will follow OMB Uniform Guidance, 2 CFR 200.317 through 200.326: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Some of the general standards over federal grant procurement include:
(1) Grant recipients must avoid acquisition of unnecessary or duplicative items;
(2) Where appropriate, an analysis shall be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach; and (3) Solicitations for goods and services shall follow NCMC’s purchasing/expenditures and conflict of interest policies.
In addition to the NCMC Board Policy Manual stated above, the NW WDB will adhere to the following guidelines specifically established at 2 CFR 200. Section:
318(h). The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform under the terms and conditions of the procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources (see Suspension and Debarment at 200.213);
321(a) the non-Federal entity must take all necessary affirmative steps to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible.
All such contracts are subjected to a thorough competitive solicitation process with a risk assessment completed prior to contract award.
The Northwest Workforce Development Board (WDB) shall abide by the NW WDB Procurement Policy for procurement of service providers of WIOA Youth, Adult, Dislocated Worker and One-Stop Operator services, which reads:
NW WDB Procurement Policy
Competitive Procurement Process for WIOA Youth, Adult, and Dislocated Worker Programs and One-Stop Operator
To ensure full and open competition for provision of services under the Workforce Innovation and Opportunity Act (WIOA), the Northwest Workforce Development Board (NW WDB) has established the processes outlined below. These processes comply with 29 CFR (Code of Federal Regulations) 95, 95.40 through 95.48; TEGL 09-00; TEGL 35-10; and DWD Issuance 04-2016, C1.
The DRAFT Request for Proposals will be presented to eligible NW WDB Members for their review prior to release to the public.
To foster competitive procurement in accordance with WIOA guidelines, the NW WDB maintains a list of potential bidders who receive the Request for Proposals either in hard copy or electronic format. That list is updated periodically as the NW WDB becomes aware of new/different organizations that might have an interest in providing services. The notice of Request for Proposals is also posted on the NW WDB website (www.nwwdb.org).
Proposal Response Time:
The notice of Request for Proposals is posted, and correspondence to potential bidders is sent 30 days prior to the grant submission deadline. With the announcement of solicitation for proposals, we provide potential bidders a brief background on the service delivery area; the projected amount of funds available for the WIOA program(s)we are soliciting proposals on; instructions for completing the proposal; attachments that must be included with the proposal; the application submission address and deadline; date/time the proposals will be opened at the NW WDB office; and instructions for questions regarding the Request for Proposals and/or process.
NW WDB staff develop an evaluation (score) sheet based on criteria required for successful performance of the WIOA program. Evaluation factors considered include completeness and timeliness of proposals (all the required elements are addressed/attached and the proposal was received prior to deadline expiration); reasonableness of costs; performance targets; probability of achieving proposed targets; compliance with WIOA; and past performance (if applicable).
Conflict of Interest Policy:
Each NW Workforce Development Board Member, NW WDB Committee Member, NW WDB staff member, and WIOA subcontractor staff member is required to sign and adhere to a Conflict of Interest/Code of Conduct policy. The introductory statement of policy reads:
“Statement of Policy: It is the policy and expectation of the Northwest Workforce Development Board (NW WDB) that its Members will fulfill the fiduciary duties applicable to their service as Members of the NW WDB. Due to the legal and statutory structures of the NW WDB, it is expected that conflicts of interest will arise and this policy is intended to provide a framework that will allow the work of the NW WDB to be achieved without the fact of or appearance of impropriety. Where this document references “Member” it shall mean any agent, WDB employee, WIOA subcontractor employee, officer, Youth Advisory Committee Member and Board Member. “
The intent of the policy is to prevent any obvious or perceived conflicts of interest in selection of WIOA providers and conduct of business at board meetings. Each member is also required to complete and sign a disclosure of interest statement declaring conflict(s) of interest as appropriate.
Review of Proposals:
For the WIOA Adult and Dislocated Worker programs and the One-Stop Operator, the Northwest Workforce Development Board (NW WDB) Executive Committee members receive RFP guidelines, the proposals received in response to the RFP, and the proposal evaluation sheet after the submission deadline. For the WIOA Youth program, eligible members of the NW WDB Youth Advisory Committee receive the RFP guidelines, the proposals received in response to the RFP, and the proposal evaluation sheet after the submission deadline. Committee members who represent an agency which has submitted a proposal for consideration are not included in this distribution. NW WDB staff and committee members independently review and score each proposal. Each proposal reviewer will be assigned a randomly-generated evaluator code to use when scoring proposals.
Chapter 610, Missouri Revised Statues, also known as the Sunshine Law, provides authorization for closing meetings and records under very prescribed circumstances. Chapter 610.021(11) states”…a public governmental body is authorized to close meetings, records and votes to the extent they relate to the following…specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid”; and Chapter 610.021(12) states …“For the purpose of sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected…” When the DRAFT requests for proposals are reviewed by the full NW WDB, the NW WDB reserves the right to close that portion of a NW WDB business or special meeting. Likewise when eligible NW WDB Executive and NW WDB Youth Advisory Committee Members meet to review proposals received, the NW WDB reserves the right to close those Committee meetings in accordance with the Missouri Revised Statues (Sunshine Law) cited above.
During a joint meeting of the NW WDB Executive and NW WDB Youth Advisory Committees, those members discuss and review evaluations; a vote is cast in committee to recommend subcontractor(s) to the full board for contract award vote.
Each organization that responds to the RFP with a written proposal is notified via letter of award/non-award based on majority vote at the board meeting.
In the event of no response to a Request for Proposals:
The competitive procurement process identified in 29 CFR (Code of Federal Regulations) 95, 95.40 through 95.48; TEGL 09-00; TEGL 35-10; and DWD Issuance 04-2016, C1 will be followed in every instance of service provider procurement. In the event the Northwest Workforce Development Board receives no response to a Request for Proposals after following Department of Labor competitive procurement procedures, the NW WDB reserves the right to solicit proposals from existing service providers or to appoint an existing service provider as contract awardee.