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Texas Counties at Their Best!
96th Annual County Judges and Commissioners Association of Texas Conference
October 8-11, 2018The Woodlands Waterway Marriott Hotel & Convention Center
96TH ANNUAL COUNTY JUDGES AND
COMMISSIONERS ASSOCIATION OF
TEXAS CONFERENCE
Tuesday, Oct. 9, 2018
4 – 4:50 p.m.
Montgomery Ballroom
“4.004 County
Purchasing”
Ms. Bonnie Floyd, Assistant Purchasing
Agent, Travis County
Ms. Tenley Aldredge, Contract Compliance Director, Travis County
9/24/2018
1
Purchasing & Contract Compliance: A Perfect Union
Bonnie S. Floyd, MBA, CPPO, CPPB—Travis County Purchasing Agent
Tenley Aldredge, M.I.A., J.D.—Director Contract Compliance Program
What is the Role of the Purchasing Office?
•To act as the single‐point of contact for doing business with the County.
•
By statute, the Purchasing Agent is responsible for directing and overseeing the County procurement process for all elected and appointed officials, and for all commissioners court departments.
• Texas Local Government Code Chapter 262—”County PurchasingAct”—states:
•County Purchasing Agent shall purchase supplies, materials, and equipment required or used by the county;
• A person other than the County Purchasing Agent may not make the purchase for the supplies, material, or equipment or make the contract for repairs;
• The County Purchasing Agent shall supervise all purchases made on competitive bids.
2
State Law Requirements
• Public entities must:
• Have specific legal authority to make thepurchase—cannot spend unless theexpense has been budgeted.
• Meet the requirements of specialized purchasing statutes—cannot pay if the purchase was not made according to thelaw.
• Meet budget and finance restrictions—Funds for the contract must be verifiedby the Auditor or it is not enforceable.
9/24/2018
2
Competitive Procedures
• All bidders have the opportunity to:
• bid on the same items on equal terms
• have bids judged by the same standards
• Bids and proposals will be received in a fair and confidential manner.
• There are two primary types of solicited purchases
• competitive bidding
• competitive proposals.
Competitive Proposal v. Competitive Bidding
While the competitive proposal (RFP) process is similar to the competitive bidding (IFB) process, there are notable differences:
•
The primary difference is that the RFP results in a negotiated contract;
•Cost is not the only determining evaluation factor; however, its relative importance to other evaluation factors must be specified in the RFP and considered in recommending award;
• Proposals are received, but are not opened publicly; and
•Proposal contents are not disclosed until after a contract is awarded.
Purchasing Office & Commissioners CourtWorking Together for the People of Travis County
9/24/2018
3
Purchasing & Contract Compliance
• Policy Initiatives
• Economic Development Task Force 2013
• Organizational Study •Public Works, L.L.C.
• ResultsContract Compliance Program in the Purchasing Office!
A combination that makes sense!•Reduces risks
• Streamlines operations
•Screens for issues related to labor
conditions and illegal conduct
• Aids in transparency
Travis County Contract Compliance Program(TCCCP)
• Focus Areas:• Construction
• Travis County Better Builder® Program• Health, safety, and welfare ofconstruction workforce
• Pre‐screening & monitoring for compliance with federal, state, andlocal laws and regulations
• Procurement • IT
• Non‐Professional Services
• Professional Services
• Commodities
TCCCP Daily Activities
• Collect & Evaluate Data• Identify Vulnerabilities & Risks to
mitigate them.• Implement Corrective Action Plans• Respond to issues reported by
department project managers, buyers, other County stakeholders, & outside agencies.
• Document Non‐Compliance, preparereports & analyses of collected data.
• Communicate performancedeficiencies & remedies for non‐compliance with County vendors.
Compliance
Contract Terms
Laws
Regulations
Standards
Transparency
Accountability
Policies
Requirements
9/24/2018
4
Methodology
• Surveys
• Research
• Vendor field audits
• Internal meetings with County departments
• Community outreach
When does all of this happen?
• Nineteen (19) public works projectshave been designated for Better Builder® status (BBP)
• All BBP certifications & programinformational materials are ONLINE
• CCP continues to gather data to:• Identify trends in non‐compliance
• Research best practices to addressrepeat issues
• Prepare training materials to assist:
• TC department project managers in following proper Purchasing Office policies
• Contractors/Vendors to stay in/return to
compliance when deviations/deficienciesoccur.
Coming Soon!• Contractor Responsibility Program
Contact
Tenley Aldredge, M.I.A., J.D.
Travis County Contract Compliance Program Director
Bonnie Floyd, MBA, CPPO, CPPBTravis County Purchasing Agent
700 Lavaca Street, Suite 800 ∙ Austin, TX 78701 ∙ (512) 854‐9700www.traviscountytx.gov/purchasing