[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
The Purchasing Board shall have overall responsibility for city
purchasing, and all purchasing shall be conducted under the general
supervision of the board. The board shall make all necessary rules
and regulations for the implementation of the provisions of this chapter
and of pertinent state law, and prescribe policies to be followed
by the purchasing director. It shall be the duty of the Purchasing
Board to:
(1)
Review all purchases and records of purchases made by the purchasing
director;
(2)
Have all bids for purchases involving over five thousand dollars
opened in public meeting in its presence, and approve the award of
all contracts for such purchases;
(3)
Hear complaints and appeals from vendors or bidders who shall
claim unfair discrimination against them in any awards, and sustain
or overrule the purchasing director in the awarding of any contract
or order.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
The purchasing director shall be executive secretary of the
purchasing board. He/she shall be in the merit employment system of
the city, and shall be appointed by the mayor from a list furnished
by the Personnel Director.
[Amended Ref. of 11-6-1990, Sec. 3; Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
Except as otherwise provided in this Charter, the Purchasing
Director shall:
(1)
Make all purchases of supplies, materials and equipment and
contractual services of all departments, boards and commissions of
the city.
(2)
Sell all supplies, materials and equipment not needed for public
use or that may have become unsuitable for use.
(3)
Transfer to or between city departments, boards, commissions
or other agencies of the city any supplies, materials or equipment
which are certified as surplus, obsolete or unused by the department,
board, commission or other agency in possession of the same.
(4)
Exercise control of all central storerooms operated by the city,
and pursuant thereto maintain a revolving supply of materials commonly
used by various agencies of the city.
[Amended Ref. of 11-6-1990, Sec. 3; Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
The integrity of the purchasing system of the city shall be
deemed to be the collective responsibility of the Purchasing Board,
the Purchasing Director, the Accounting Division and of the department
heads and any other personnel who have the authority to initiate purchases.
All of the foregoing shall be held strictly responsible for adherence
to the letter and spirit of all purchasing policies and procedures
as set forth in the Charter and in any and all rules and regulations
made by the Purchasing Board.
A.
All participants in the purchasing process shall be bound by
the following:
(1)
All non-emergency purchases shall be made on behalf of the city
on the basis of a purchase order authorized in writing by the Purchasing
Director.
(2)
No change shall be made in the total cost to the city of any
contract totaling over five thousand dollars except through the Purchasing
Director and the Purchasing Board.
(3)
No contract shall be amended or altered as to its terms once
signed on behalf of the city without the prior approval of the purchasing
director and the Purchasing Board.
(4)
No contract for purchase shall be divided into separate purchases
for purpose of evading the dollar limits set in the following provisions
of this section.
(5)
No contract for purchase of materials, goods or services required
by the city on a continuing basis shall be entered into for a period
of more than three years except with the approval in writing of the
Purchasing Director and of the Purchasing Board.
B.
All purchases for the city, or any department, board or commission
thereof, shall be made through the process of (1) sealed bids, (2)
competitive negotiations, (3) non-competitive negotiations, or (4)
small purchase procedures as these processes are prescribed and set
forth in Title 45, Chapter 55 of State Law, and pursuant to the following:
(1)
Purchases involving amounts under two thousand dollars. The
Purchasing Director shall have authority to make purchases involving
sums under two thousand dollars without formal bids. The Purchasing
Director shall keep a list of all vendors normally interested in submitting
bids for various types of commodities, and shall request bids from
at least three vendors on said list normally supplying the types of
material requested, by telephone or in written form, unless the solicitation
of the same shall be impracticable, and shall keep and maintain a
written record of the bids received or the reasons for not soliciting
bids. The Purchasing Director, with the approval of the Purchasing
Board, may make regulations to permit the various departments, boards
and commissions of the city to make small purchases of materials or
services which ordinarily cannot be made in volume or by contract
for a period of time. Records shall be kept of all such purchases,
and the regulations shall be reviewed from time to time to keep such
purchases at a minimum.
(2)
Purchases involving amounts between two thousand dollars and
five thousand dollars. The Purchasing Director shall be required to
solicit written bids on all purchases between two thousand dollars
and five thousand dollars, but shall not be required to advertise
for such bids. The Purchasing Director shall keep a list of all vendors
normally interested in submitting bids for various types of commodities,
and shall request bids from at least all persons on said list normally
supplying the type of materials required. Any vendor upon request
shall be entitled to have his name added to the list unless his performance
under previous contracts has indicated that he has not been reliable
in meeting the terms of the purchase order.
(3)
Purchases for more than ten thousand dollars for construction,
and five thousand dollars for all other purchases. On purchases or
contracts involving over five thousand dollars, and contracts for
construction over ten thousand dollars, the Purchasing Director shall
solicit bids or proposals by advertising in a newspaper or newspapers
having a substantial circulation in the city, and all such bidding
procedures shall be prepared, conducted, and the bids submitted and
publicly opened in accordance with regulations prepared by the Purchasing
Board for approval by the City Council, such regulations to conform
to all applicable provisions of State Law.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
All requests for bids shall state whether award shall be made
on the basis of lowest bid price, or the lowest evaluated or responsive
bid price.
A.
When, under regulations prepared by the Purchasing Board and
adopted by the City Council, the Purchasing Director determines in
writing that the use of competitive sealed bidding is not practicable,
or in the event that all bids submitted pursuant to competitive sealed
bidding result in prices in excess of the funds certified to be available
from any source as determined in writing by the Purchasing Director,
and circumstances will not permit resolicitation of bids under revised
specifications, then the process of competitive negotiation may be
used for the purchase. Such process of competitive negotiation shall
be conducted pursuant to procedures and regulations as shall be prescribed
by the Purchasing Board with the approval of the City Council, in
accordance with the pertinent provisions of Title 45, Chapter 55 of
the General Laws.
B.
A contract may be awarded for a supply, service or construction
item without competitive bidding when, under regulations prescribed
by the Purchasing Board and approved by the City Council, the Purchasing
Director determines in writing that there is only one source for the
required supply, service or construction item.
C.
The Purchasing Director may make or authorize others to make
emergency procurements when there exists a threat to public health,
welfare, or safety under emergency conditions as defined in regulations
prescribed by the Purchasing Board with the approval of the City Council,
or where the procurement will be in the best interest of the city
as set forth in such regulations, provided that all emergency procurements
shall be made with such competition as is practicable under the circumstances.
A written determination of the basis for the emergency, and for the
selection of a particular contractor, shall be included in the contract
file.
D.
An invitation for bids, a request for proposals, or other solicitation
may be canceled, or all bids or proposals may be rejected, if it is
determined by the Purchasing Director in writing with the approval
of the Purchasing Board, that such cancellation or rejection is in
the best interests of the city.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
The Purchasing Director with the approval of the Purchasing
Board and after consultation with the heads of the various departments,
and the boards and commissions, shall establish and enforce standard
specifications for all supplies, materials and equipment required
by the various agencies, except scientific apparatus, textbooks and
similar materials required by the school committee.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
All bids for construction of public works or improvements shall
be obtained on the basis of specifications prepared by the city engineer
or the department of public works, and approved by the head of the
department or the board or commission concerned. In all such cases,
the Purchasing Board shall have the authority to accept the lowest
bid, reject all bids and order the obtaining of new bids, or recommend
that the department of public works execute the work or improvement
itself.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
A.
A written determination of responsibility of a bidder or offeror
shall be made in accordance with regulations prepared by the Purchasing
Board and approved by the City Council. A reasonable inquiry to determine
responsibility may be conducted, and failure of a bidder or offeror
to cooperate with such an inquiry may be grounds for a determination
of non-responsibility.
B.
The Purchasing Board may provide for prequalification of suppliers
as responsible prospective contractors by the preparation and recommendation
of appropriate regulations for that purpose, to be approved by the
City Council in the same manner as it adopts ordinances. Solicitation
of bids need not be limited to prequalified contractors.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)].
The procurement of consultant or professional services for the
city or for any department, board or commission thereof, shall be
subject to the purchasing procedures prescribed in this chapter and
in Title 45, Chapter 55 of the General Laws. In each such case the
Purchasing Director shall recommend to the Purchasing Board which
of the methods of procurement listed in Section 4-1003B hereof, is
appropriate. Procurement of the services of an attorney, physician
or dentist by the city shall be exempt from the provisions of this
chapter.
[Amended Ref. of 11-6-1990, Sec. 3; Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
Before authorizing any purchase or making any purchase other
than emergency purchases, the Purchasing Director shall first determine
from the accounting division that such purchase would be within the
unencumbered appropriation of the department, board or commission
for which it is being made, and that it would be within the unencumbered
allotment of said agency or that the mayor has authorized the exceeding
of the allotment. The Purchasing Director shall notify daily the accounting
division of all purchases made or authorized, or contracts awarded,
to enable the accounting division to record the same as an expenditure
or encumbrance upon the proper appropriation and allotment.
