Town of New Milford, CT ARTICLE III Municipal Purchases

§ 2-86 through § 2-91. (Reserved) [1]

[1] Editor's Note: Former § 2-86, Purchasing authority established; § 2-87, Comptrollers endorsement of requisitions; § 2-88, Procedure when budget would be exceeded by requisition; § 2-89, Purchasing authority's approval required prior to payment of vouchers, etc.; § 2-90, When Board of Selectmen's approval of contract is required; and § 2-91, Sections 2-86 through 2-90 not to apply to Board of Education, were repealed by Ord. of 8-16-1984.

§ 2-92 Bids.

[Ord. of 10-7-1959; Ord. of 8-14-1964; Ord. of 10-12-1978; Ord. of 12-16-1986; Ord. of 6-11-1990; Ord. of 8-9-1993; Ord. of 9-27-2010; Ord. of 1-10-2011; Ord. of 3-14-2022]

(a) Purchasing authority defined. Except as set forth in paragraph (l), as used in this section, "purchasing authority" shall mean the Director of Finance and the Mayor.

(b) Competitive bidding requirement. Except as otherwise provided in this § 2-92 or by any provision of the Connecticut General Statutes, when any board, commission, agency, department, officer or employee of the Town of New Milford is authorized to make purchases in the name or on behalf of the Town of New Milford and requires the purchase of materials, supplies, furnishings, equipment, services, livestock or other personal property which is expected to exceed the sum of $20,000 in cost or value, such board, commission, agency, department, officer or employee shall submit the particulars and specifications of such purchase, in writing, to the Purchasing Specialist for the purpose of inviting competitive bids. The Purchasing Specialist shall solicit competitive bids for the item(s) to be purchased by publication in a newspaper having a general circulation in the Town of New Milford and by posting on the Town's e-procurement system. All invitations to bid shall include detailed particulars and specifications or shall indicate where such particulars and specifications may be obtained and shall specify the times and places where the bids shall be filed and opened. Bids shall be opened at the time and place specified, and the full details of all bids shall be recorded. If the item(s) to be purchased has been bid upon by any department or agency of the State of Connecticut, or any purchasing cooperative that the Town is a member of, and such bid price is also applicable to the Town, the purchasing authority may accept such bid if it determines that the state bid price likely would be the lowest qualified bid if competitive bids were invited. If competitive bids are invited on an item for which there is a state bid price or cooperative bid price applicable to the Town, the state or cooperative bid price shall be considered a valid bid and shall properly be noted at the public opening. The purchasing authority shall evaluate all bids received, shall consult with the board, commission, agency, department, officer or employee for which the purchase is to be made and, within a reasonable time after the opening of the bids, shall award the purchase to the lowest responsive and qualified bidder or reject such bids in accordance with the provisions of Subsection (f), in its sole and absolute discretion.

(c) Purchases under $20,000. If the amount of expenditures is estimated to be less than $20,000, the purchase may be in the open market without the necessity for competitive bidding pursuant to Subsection (b), except that, where the amount is estimated to be between $10,000 and $20,000, written quotations from at least three vendors are to be obtained when practicable by the board, commission, agency, department, officer or employee requesting the purchase and submitted to the Purchasing Specialist; where the amount is less than $10,000, at least three verbal price quotes shall be obtained when practicable by the board, commission, agency, department, officer or employee requesting the purchase and submitted to the Purchasing Specialist. Awards pursuant to this subsection shall be made to the lowest qualified vendor submitting a quote, subject to the right of rejection set forth in Subsection (f).

(d) Lowest qualified bidder. In determining the lowest qualified bidder pursuant to this section, the purchasing authority shall consider, in addition to price:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the service required.

(2) Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference.

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.

(4) The quality of performance of previous contracts or services.

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

(6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

(7) Whether the bidder has submitted requested financial information or other information requested by the purchasing authority.

(8) The quality, availability and adaptability of the supplies or contractual services to the particular use required.

(9) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

(10) The number and scope of conditions attached to the bid.

(11) The responsiveness and attention to bid specifications and submission requirements.

(e) Delinquent taxpayers. Each person who submits a bid or quote to the purchasing authority for any item to be purchased or contract to be awarded by the Town shall be deemed to have agreed that the Town may apply payments otherwise properly due to such person to the reduction of all real estate or personal property taxes and/or sewer use charges (including interest, fees and penalties thereon) owed to the Town by such person, which taxes are delinquent and have been so delinquent for a period of not less than one year. Any person who submits a competitive bid or quote pursuant to Subsections (b) and (c) shall disclose to the purchasing authority whether such person is delinquent in the payment of Town real property or personal property taxes and/or sewer use charges. Prior to making any payment to any person awarded a bid or contract pursuant to this section, the purchasing authority shall ascertain from the Tax Collector whether such person owes past due taxes on real or personal property or sewer use charges and shall deduct from such payment the amount of taxes or charges (plus penalties, interest and fees thereon) which are delinquent and have been delinquent for a period of at least one year as of the time of withholding.

(f) Rejection of bids. The purchasing authority shall have the right to reject any, all or part of any bids or proposals or to accept the bid or proposal or part thereof which, in its sole, absolute discretion and judgment, will be in the best interests of the Town. Rejection or acceptance of bids shall be made within a reasonable time after the opening of the bids. Whenever the purchasing authority rejects any bid or bids, it shall state the reasons for such rejection in the minutes kept for that purpose by the purchasing authority. Such minutes shall be a matter of public record and shall be open for public inspection in the same manner as other public records of the Town. The purchasing authority may waive bid irregularities or informalities, when, in its sole and absolute discretion, to do so would be in the best interest of the Town.

(g) Bonds. In connection with each request for bids or quotes, the purchasing authority may require a certified check or a bid bond to be submitted with the bid, which checks or bid bonds shall be submitted subject to any requirements governing contracts for work to be done on Town projects. In the event that any bidder shall refuse to accept, within a time specified by the purchasing authority, a contract awarded to the bidder, the bidder shall forfeit its bond to the Town, and such contract may be awarded to the next lowest qualified bidder, subject to the same terms and conditions as set forth herein. The purchasing authority may require the successful bidder to furnish a performance bond and/or a payment bond, subject to the requirements of Sections 49-41, 49-41a and 49-41b of the Connecticut General Statutes.

(h) Recording of bids. All bids and awards shall be kept on file by the Purchasing Specialist for five years thereafter and shall be available for public inspection during business hours with a proper FOIA request.

(i) Formal contracts. Whenever the purchasing authority deems it necessary that a formal contract be entered into between the Town and the successful bidder, the form of such contract shall be prepared and/or approved by the Town Attorney prior to the solicitation of competitive bids. Such contract shall be included in the particulars and specifications of and shall be executed by the successful bidder.

(j) Waiver of competitive bidding requirement. When, in the opinion of the purchasing authority or during an emergency under Section 708 of the Charter, sufficient time shall be unavailable for the solicitation of competitive bids or quotes for a particular purchase because of the existence of an urgent situation, then the purchasing authority or, during an emergency, the Mayor may make such purchase without competitive bidding. A record of all such urgent transactions shall be kept in the minutes of the purchasing authority and notification made to the responsible board, commission, agency, department, officer or employee and to the Town Council.

(k) Professional services. This section shall not apply to any contract made by any board, commission, agency, department, officer or employee of the Town for professional services, which shall include but not be limited to such services as legal, insurance, architectural and engineering nor to the hiring of employees by any Town board, commission, agency or department. Contracts for professional services that continue in force from year to year or are renewed at regular intervals and where the cost of such service exceeds $50,000 annually shall be reviewed by the Board of Finance and the Town Council, at intervals not to exceed three years, who shall forward their findings, in writing, to the purchasing authority. Contracts for professional services which can reasonably be expected to exceed $50,000 in one calendar year, while exempted from formal bidding, shall be approved by the Town Council on the advice of the Board of Finance.

(l) Board of Education and library purchases. This section shall apply to any purchases made by the New Milford Library. The purchasing authority for the New Milford Library shall be those persons assigned and designated as such by the Library Board of Trustees when such purchases are to be made with monies from fund sources designated in Chapter 11, § 11-3 of the New Milford Code of Ordinances. For all other library purchases requiring the expenditure of funds other than or in addition to monies from such designated sources, the purchasing authority shall be the Director of Finance and the Mayor. This section shall not apply to purchases made by the New Milford Board of Education, provided that the Board of Education shall have and maintain in force, a purchasing policy and protocol, as it may from time to time amend, for its purchases. The purchasing authority for the Board of Education shall be those persons assigned and designated as such by the Board of Education.

(m) Public auction or private sale. Notwithstanding the provisions of Subsections (b) and (c), if the purchasing authority determines that the Town should purchase materials, supplies, furnishings, equipment, services or other personal property at public auction or private sale, the purchasing authority shall be permitted to bid for and purchase the same at public auction or private sale, provided that prior to bidding at such auction or private sale the particulars are submitted to the purchasing authority. The purchasing authority will then authorize the Purchasing Specialist, in cooperation with the requesting department, to purchase such materials, supplies, furnishings, equipment, services or other personal property at such public auction or through such private sale, so long as purchases are not in excess of the amount appropriated. A record of all such transactions, including evidence of purchasing authority proceedings and authorization, shall be kept in the minutes of the purchasing authority for five years thereafter and shall be available for public inspection during business hours.

(n) Disposal of surplus property. Whenever any board, commission, agency, department, officer or employee of the Town requires the disposal of any material or equipment belonging to the Town with an original cost or value in excess of $250, such board, commission, agency, department, officer or employee shall submit, in writing, the particulars to the Purchasing Specialist. If the Mayor, in conjunction with the disposing board, commission, agency, department, or Purchasing Specialist determines that such material or equipment is no longer needed by the Town, the purchasing authority shall sell said material or equipment by invitation for sealed competitive bids. In the event of sale by sealed competitive bids, the purchasing authority shall advertise the particulars in a newspaper having a general circulation in the Town as well as posting on the Town's e-procurement system inviting the necessary bids and specifying the time and place when the bids shall be publicly opened and noted. The purchasing authority shall sell to the highest bidder meeting the terms and conditions of sale. This subsection shall not apply to the trade-in of materials or equipment when the trade-in is to be considered in the offset of the price for the materials or equipment to be purchased.

(o) Employment preferences. In the employment of mechanics, laborers and workers in the construction, remodeling or preparing of any building or other public works by the Town, preference shall be given to citizens of the Town in accordance with Sections 31-52, 31-53 and 7-112 of the Connecticut General Statutes, as amended.

(p) Fixed asset inventory. The Town shall maintain an inventory record for all Town-owned assets that have an acquisition value or cost equal to or greater than $2,500 per item. The inventory items shall be carried on each annual inventory until the property is disposed of. Each department shall report any and all additions, dispositions and transfers of its inventory to the Finance Department when such change occurs.