[HISTORY: Adopted by the Town Council of
the Town of North Branford 10-16-1973 by Ord. No. 112. Amendments noted where
applicable.]
There is hereby established the Office of Purchasing in accordance with the provisions of § C7-3, Chapter VII, of the Charter of the Town of North Branford, Connecticut.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
Includes all telephone, gas, water, electric light and power
services, and towel and cleaning service; leases for all grounds,
buildings, office or other space required by the using agencies; and
the rental, repair or maintenance of equipment, machinery and other
Town-owned personal property. The term shall not include professional
and other contractual services which are in their nature unique and
not subject to competition.
The Council of the Town of North Branford.
The Town Manager of the Town of North Branford.
The Purchasing Agent of the Town of North Branford.
Includes all supplies, materials and equipment, but excludes
the purchase of component parts required to repair or rehabilitate
existing equipment or mechanical systems in current use by the Town.
[Amended 10-1-2019 by Ord. No. 257]
Any department, agency, commission, bureau or other unit
in the Town government using supplies or procuring contractual services
as provided for in this chapter.
The Manager shall be the Purchasing Agent until
such time as the Council, by ordinance, authorizes him to appoint
another person to such position.
A.
The Purchasing Agent shall have the power and it shall
be his duty to purchase or contract for all supplies, materials, equipment,
other commodities and contractual services required by any department,
office, agency, board or commission of the Town government, except
that he shall not purchase any items for the Board of Education, and
he shall not make any purchases of books, publications, subscriptions
for periodical literature or nonprint material in the library collection
of the Library Board.
B.
Unauthorized purchases. Except as herein provided,
it shall be unlawful for any Town officer or officers to order the
purchase of any supplies or make any contract within the purview of
this chapter other than through the Purchasing Agent, and any purchase
ordered or contracted made contrary to the provisions hereof shall
not be approved by the Manager, and the Town shall not be bound thereby.
In addition to the purchasing authority, the
Purchasing Agent shall:
A.
Minimum expenditures. Act to procure for the Town
the highest quality in supplies and contractual services at the least
expense to the Town.
B.
Encourage competition. Discourage uniform bidding
and endeavor to obtain as full and open competition as possible on
all purchases and sales.
C.
Purchasing analysis. Keep informed of current developments
in the field of purchasing, prices, market conditions and new products
and secure for the Town the benefits of research done in the field
of purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition and private
businesses and organizations.
D.
Forms. Prescribe and maintain such forms as he shall
find reasonably necessary to the operation of this chapter.
E.
Standard nomenclature. Prepare and adopt a standard
purchasing nomenclature for using agencies and suppliers.
F.
Vendors' catalog file. Prepare, adopt and maintain
a vendors' catalog file. Said catalog shall be filed according to
materials and shall contain descriptions of vendors' commodities,
prices and discounts.
G.
Bulk purchases. Exploit the possibilities of buying
in bulk so as to take full advantage of discounts.
H.
Federal and state tax exemptions. Act so as to procure
for the Town all federal and state tax exemptions to which it is entitled.
I.
Disqualification of bidders. Have the authority to
declare vendors who default on their quotations irresponsible bidders
and to disqualify them from receiving any business from the municipality
for a stated period of time.
The Purchasing Agent shall establish, after
consultation with the heads of the departments concerned, and enforce
standard specifications for all supplies, materials and equipment
required by the several departments, offices and agencies of the Town.
A.
Capacity of Agent. The Purchasing Agent shall enforce
the written specifications as may be adopted by this section of this
chapter.
B.
Classification. He shall classify all the supplies
and equipment used by the agencies of the Town government.
C.
Exception. The Manager shall have the authority to
exempt any using agency of the Town for use of the supply described
in such standard specifications.
D.
Consultation with using agencies. The Purchasing Agent
shall consult with the heads and other officials of the using agencies
to determine their precise requirements and shall endeavor to prescribe
those standards which meet the needs of the majority of such agencies.
E.
Nature of specifications. All specifications shall
be definite and certain and shall permit competition.
F.
Nonstandard items. Any specifications for services
and supplies unique to one (1) agency shall be approved by that agency
and the Purchasing Agent before purchasing is started.
G.
Changes in specifications. The procedure for changes
in specifications shall be the same as required for the original specification.
A.
The Purchasing Agent shall prescribe the time of making
requisitions for such supplies, materials and equipment and the future
period which said requisitions are to cover. All using agencies, either
by or with the authorization of the head of the department under which
the using agency operates, shall file requisitions in such manner,
at such times and for such future periods as the Purchasing Agent
shall prescribe. No purchases may be made without an authorized requisition.
B.
Unforeseen requirements. A using agency shall not
be prevented from filing, in the same manner, with the Purchasing
Agent at any time a requisition or estimate for supplies and contractual
services, the need for which was not foreseen when the detailed estimates
were filed.
Except in cases of emergency, the Purchasing
Agent shall not issue a purchase order until the Treasurer shall have
certified, after preaudit, that there is to the credit of the using
agencies concerned a sufficient unencumbered appropriation balance
in excess of all unpaid obligations, to defray the amount of such
order.
A.
All purchases shall be subject to the provisions of § C10-4 of the Charter relating to conflict of interest.
B.
Gifts and rebates. The Purchasing Agent and every
officer and employee of the Town are expressly prohibited from accepting,
directly or indirectly, from any person, company, firm or corporation
to which any purchase order or contract is or might be awarded, any
rebate, gift, money or any thing of value whatsoever, except where
given to the Town. Violation of this section shall be cause for removal
from office or employment with the Town.
A.
All purchases of and contracts for supplies and contractual
services and all sales of personal property which has become obsolete
and unusable shall, except as specifically provided herein, be based
on competitive bids.
B.
All purchases
of component parts required to repair or rehabilitate existing equipment
or mechanical systems in current use by the Town shall not be subject
to the competitive bidding process, unless the Town Council determines,
in its sole discretion, that it is in the best interest of the Town
for such purchase to be based on competitive bids. Rather, all such
purchases shall be subject to the review and approval by the Council
prior to any purchase. No such purchases shall be made without Council
approval, unless the Town Manager determines that the purchase of
such component parts cannot wait Council approval. If the Town Manager
makes such determination, the Town Manager shall notify the Council
at the meeting that immediately follows such purchase and provide
a written explanation for such action. Any notification and explanation
shall be attached to the minutes of such meeting.
[Added 10-1-2019 by Ord. No. 257]
Any purchases made at prices obtained by the
State of Connecticut through competitive bidding shall be deemed to
have met the requirements of this chapter.[1]
[Added 2-20-2018 by Ord.
No. 254]
The Town Council, by a majority vote of the members present
at a duly noticed meeting, may authorize the Purchasing Agent to purchase
supplies, materials, equipment, other commodities, or nonprofessional
services from a vendor who has been selected as the lowest bidder
for a like purchase within the prior 12 months by another public agency
using competitive bidding procedures that are substantially similar
to those utilized by the Town, when the best interests of the Town
would be served thereby.[1]
[Amended 2-3-1987 by Ord. No. 157, effective 3-6-1987; 4-21-1992 by Ord. No.
176, effective 5-18-1992 ; 10-15-2013 by Ord. No. 245, effective 11-14-2013; 2-21-2023 by Ord. No. 263, effective 3-23-2023]
Purchases shall be made under such rules and
regulations established by this chapter, provided that if any purchase
or contract for purchasing, including a continuing order or contract
for the purchase of the same commodity or service over a period of
time, involves the expenditure of $10,000 or more (except for the
Public Works Department, which shall be $15,000 or more), the Purchasing
Agent shall invite sealed bids or proposals, giving at least 10 days’
public notice thereof by publication at least once in a newspaper
having circulation in the Town. Purchases may not be made from other
than the lowest bidder without consultation with the using agency.
A.
Scope of notice. The newspaper notice required herein
shall include a general description of the supplies or contractual
services required, and shall state where bid blanks and specifications
may be secured and the time and place for opening bids.
B.
Bidders' list. The Purchasing Agent shall also solicit
sealed bids from all responsible prospective suppliers who have requested
their names to be added to a bidders' list, which the agent shall
maintain, by sending them a request for bid as will acquaint them
with the proposed purchase or sale. In any case, invitations sent
to the vendors on the bidders' list shall be limited to commodities
that are similar in character and ordinarily handled by the trade
group to which the invitations are sent.
C.
Bulletin board. The Purchasing Agent shall also advertise
all pending purchases or sales by a notice posted on the public bulletin
board in the Administration Building.
D.
Bid deposits. When deemed necessary by the Purchasing
Agent, bid deposits shall be required. Bid deposits may be provided
by a bid bond, certified checks to be made payable to the Treasurer
of the Town of North Branford. Unsuccessful bidders shall be entitled
to return of surety where the Agent has required bid deposits. A successful
bidder shall forfeit any surety required by the Agent upon failure
on his part to enter a contract within ten (10) days after the award.
E.
Confidential information. Information concerning the
number and/or names of persons, firms or corporations issued bid forms
shall not be disclosed in advance of the date and time set for the
opening of bids.
F.
Bid opening procedure.
(1)
Sealed. Bids shall be submitted sealed to the Purchasing
Agent, and shall be identified as bids on the envelope.
(2)
Opening. Bids shall be opened in public at the time
and place stated in the public notice.
(3)
Tabulation. A tabulation of all bids received shall
be posted for public inspection.
G.
Bids not accepted.
(1)
Rejection of bids. The Manager shall have the authority
to reject any or all bids, parts of all bids or all bids for any one
or more supplies or contractual services included in the proposed
contract when the public interest will be served thereby.
(2)
Bidders in default to Town. The Purchasing Agent shall
not accept the bid of a contractor who is in default on the payment
of taxes, licenses or other moneys to the Town.
H.
Award of contract.
(1)
Authority in Agent. The Purchasing Agent shall have
the authority to award contracts within the purview of this chapter.
(2)
Lowest responsible bidder. Contracts shall be awarded
to the lowest responsible bidder. In determining the lowest responsible
bidder, in addition to price, the Purchasing Agent shall consider:
(a)
The ability, capacity and skill of the bidder
to perform the contract or provide the services required in relation
to the standards and specifications as required.
(b)
Whether the bidder can perform the contract
or provide the service promptly, or within the time specified, without
delay or interference.
(c)
The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(d)
The quality of performance of previous contracts
or services.
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service.
(f)
The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of
the supplies or contractual services to the particular use required.
(h)
The number and scope of conditions attached
to the bid.
I.
Award to other than low bidder. When the award is
not given to the lowest bidder, after consultation with the using
agency involved, a full and complete statement of the reason for placing
the order elsewhere shall be prepared by the Purchasing Agent and
filed with the other papers relating to the transaction.
J.
Tie bids.
(1)
Local vendors. If all bids received are for the same
total amount or unit price, quality and service being equal, the contract
shall be awarded to a local bidder.
K.
Performance bonds. The Purchasing Agent shall have
the authority to require a performance bond, before entering a contract,
in such amount as he shall find reasonably necessary to protect the
best interests of the Town. The requirement of a performance bond,
if any, shall be set forth in the specifications. Such performance
bond, if required, must be provided by the contractor at his own expense
to the Town of North Branford and be written by a company authorized
to write business in the State of Connecticut and subject to the approval
of the Manager and Town Attorney.
L.
Prohibition against subdivision. No contract or purchase
shall be subdivided to avoid the requirements of this section.
[Amended 2-3-1987 by Ord. No. 157, effective 3-6-1987]
All purchase of supplies and contractual services and all sales of personal property which has become obsolete and unusable of less than the estimated value of three thousand five hundred dollars ($3,500.) shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 84-13 for the awarding of formal contracts.
A.
Minimum number of bids. All open market purchases shall, wherever practical, be based on at least three (3) competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 84-13H(2).
B.
Notice inviting bids. The Purchasing Agent shall solicit
bids by either direct mail request to prospective vendors, by telephone
or by public notice posted on the bulletin board of the Administration
Building.
C.
Recording. The Purchasing Agent shall keep a record
of all open market orders and the bids submitted in competition thereon,
and such records shall also be open to public inspection for a reasonable
period of time.
The Manager shall transfer to or between departments,
offices and agencies or sell supplies, materials and equipment determined
after consultation with the head of the department, office or agency
concerned to be surplus, obsolete or unused.
A.
Reporting. All using agencies shall submit to the
Purchasing Agent, at such times and in such form as he shall prescribe,
reports showing stocks of all supplies which are no longer used or
which have become obsolete, worn out or scrapped.
B.
Transfer. The Manager shall have the authority to
transfer surplus stock to other using agencies.
C.
Sale. The Manager shall have the opportunity to sell
all supplies which have become unsuitable for public use, or to exchange
the same for or trade in the same on new supplies.
A.
Emergency procedure. The Manager shall prescribe by
rules and regulations the procedure under which emergency purchases
by heads of using agencies may be made.
B.
Recorded explanation. A full report of the circumstances
of an emergency purchase shall be filed by the Purchasing Agent for
forwarding to the Council to be entered in the Council minutes and
shall be open to public inspection.
A.
The using agency shall inspect all deliveries of such
supplies, materials and equipment, and cause tests to be made when
necessary, in order to determine their quality, quantity and conformance
with specifications.
B.
Tests. The Purchasing Agent shall have the authority
to require chemical and physical tests of samples submitted with bids
and samples of deliveries which are necessary to determine their quality
and conformance with the specifications. In the performance of such
tests, the Purchasing Agent shall have the authority to request use
of laboratory facilities.
The Manager shall purchase, at the expense of
the Town, surety bonds for all officers and employees of the Town
required by law or by ordinance to furnish bonds to the Town, and
insurance of such types against liability, loss or damage on the part
of the Town or its property, and be responsible for the collection
of insurance benefits and other matters relating to the administration
of the Town's insurance.
The Purchasing Agent shall have the authority
to join with other units of government in cooperative purchasing plans,
on an equitable basis in large bulk purchasing, when the best interests
of the Town would be served thereby.
[Added 4-19-1988 by Ord. No. 158]
The Purchasing Agent or Purchasing Assistant
will endeavor to assure that all vendors and/or bidders contracting
or providing services to the Town of North Branford provide equal
opportunities in employment to all qualified persons solely on the
basis of job-related skills, ability and merit. The vendor and/or
bidder in performing under contract with the Town of North Branford
shall not discriminate against any worker, employee or applicant on
the basis of race, creed, color, age or national origin nor otherwise
commit an unfair employment practice. The vendor/bidder, their contractors
and subcontractors shall be required to make good-faith efforts to
comply with all federal and state laws and policies that address equal
employment opportunities and affirmative action requirements.
A.
The following principles and requirements of equal
opportunity and affirmative action will be incorporated into an equal
opportunity nondiscrimination clause to be included in all bid documents,
purchase orders, leases and contracts: The principles of affirmative
action are addressed in the 13th, 14th and 15th Amendments of the
United States Constitution, Civil Rights Acts of 1886, 1870 and 1871,
Equal Pay Act of 1963, Titles VI and VII of the 1964 United States
Civil Rights Act, Presidential Executive Order 11246, amended by 11375,
(nondiscrimination under federal contracts), Act 1, Sections 1 and
20 of the Connecticut Constitution, Governor Grasso's Executive Order
Number 11, Governor O'Neill's Executive Order Number 9, the Connecticut
Fair Employment Practices Law (§§ 46a-60 through 46a-69)
of the Connecticut General Statutes, Connecticut Code of Fair Practices
(§§ 46a-70 through 46a-81), deprivation of civil rights
[§ 46a-58(a) through (d)], Public Accommodations Law (§§ 46a-63
and 46a-64), discrimination against criminal offenders (§ 46a-80),
definition of "blind" [§ 46a-51(1)], definition of "physically
disabled" [§ 46a-51(15)], definition of "mental retardation"
[§ 46a-51(13)], cooperation with the Commission on Human
Rights and Opportunities (§ 46a-77), sexual harassment [§ 46a-60(a)(8)],
Connecticut Credit Discrimination Law (§§ 36-436 through
36-439)[1] and Title I of the State and the Local Fiscal Assistance
Act of 1972.
[1]
Editor's Note: C.G.S. §§ 36-436,
36-437, 36-438a and 36-439 were transferred to §§ 46a-65,
46a-66, 46a-98 and 46a-67, respectively, in 1981. C.G.S. § 36-438
is repealed.
B.
The Purchasing Agent or Purchasing Assistant will
be required to aggressively solicit the participation of legitimate
minority business enterprises as bidders, contractors, subcontractors
and suppliers of materials, in compliance with Section 4-114a-3(9)
of the Connecticut General Statutes.[2]
[2]
Editor's Note: C.G.S. § 4-114a-3(9)
was transferred to C.G.S. § 4a-60 in 1989.
C.
The Purchasing Agent or Purchasing Assistant will
consider the following factors in reviewing the bidders' qualifications
for compliance to the equal opportunity and affirmative action requirements
for the Town of North Branford:
(1)
The bidder's success in implementing an affirmative
action plan.
(2)
The bidder's success in developing an apprenticeship
program complying with Sections 46a-68-1 through 46a-68-17 of the
Connecticut General Statutes, inclusive.
(3)
The bidder's promise to develop and implement a successful
affirmative action plan.
(4)
The bidder's submission of EEO-1 data indicating that
the composition of its work force is at or near parity when compared
to the racial and sexual composition of the work force in the relevant
labor market area.
D.
For all public works projects involving state and/or
federal funds, the Purchasing Agent or Purchasing Assistant will be
required to consult the list of minority business enterprises as prepared
by the Department of Economic Development and to monitor the contractor's
choice of subcontractors and suppliers of materials to assure compliance
and to notify the bidders/vendors that the contract will be subject
to full compliance with these stated requirements.
