[Ord. of 4-21-1998(2)]
The purpose of this article is to provide for the fair and equitable
treatment of all persons involved in public purchasing by the City,
to maximize the purchasing value of public funds in procurement, and
to provide safeguards for maintaining a procurement system of quality
and integrity.
[Ord. of 4-21-1998(2); Ord. No. 99.78, 9-21-1999]
(a) This article applies to contracts for the procurement of supplies,
services and construction entered into by the City. It shall apply
to every expenditure of public funds by any department of the City
irrespective of the source of funding. When the procurement involves
the expenditure of federal or state assistance or contract funds,
the procurement shall be conducted in accordance with any applicable
laws and regulations. Nothing in this article shall prevent any department
of the City from complying with the terms and conditions of any grant,
gift or request that is otherwise consistent with law.
(b) Representatives of the City involved in the purchase of goods; especially
items of apparel or textiles such as clothing, uniforms, footwear,
linens or fabric; shall not knowingly contract with vendors offering
goods or services produced under sweatshop conditions by manufacturers,
launderers or distributors of such items who may be paying poverty
wages, violating workplace regulations or suppressing worker rights.
In order to promote contracts with vendors having responsible employment
practices, preference should be given to goods or services produced
in the United States and to vendors known for their responsible labor
practices. Responsible labor practices shall include wage and benefit
levels sufficient to meet basic needs while providing some discretionary
income for a family of four, respect for workers' rights including
the right to be heard and to organize and a safe and healthy work
environment. Any complaints or information received by a representative
of the City involved in the purchase of goods or services identifying
vendors or their subcontractors as producing their products under
sweatshop conditions shall investigate said allegations and shall
cease to do business with any vendor or subcontractor found to be
other than maintaining responsible labor practices.
[Ord. of 4-21-1998(2)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BRAND NAME OR EQUAL SPECIFICATION
A specification limited to one or more items by manufacturers'
names or catalogue numbers to describe the standard of quality, performance
and other salient characteristics needed to meet City requirements,
and which provides for the submission of equivalent products.
CONSTRUCTION
The process of building, altering, repairing, improving or
demolishing any public structure or building, or other public improvements
of any kind to any public real property. It does not include the routine
operation, routine repair or routine maintenance of existing structures,
buildings or real property.
CONTRACT
All types of agreements, regardless of what they may be called,
for the procurement of supplies, services or construction.
CONTRACTOR
Any person having a contract with the City or any of its
departments.
LOCATION AND OPERATION
Is narrowly defined as owning, leasing or renting physical
space within the City limits of Biddeford, and staffing the same a
minimum of 20 hours per week during a period commencing no less than
thirty days prior to the bid deadline and continuing through the end
of the bid agreements.
[Added 11-1-2011 by Ord. No. 2011.71]
SERVICES
The furnishing of labor, time or efforts by a contractor,
not involving the delivery of a specific end product other than reports
which are merely incidental to the required performance. This term
shall not include employment agreements or collective bargaining agreements.
SPECIFICATION
Any description of the physical or functional characteristics
or the nature of a supply, service or construction item. It may include
a description of any requirement for inspecting, testing or preparing
a supply, service or construction item for delivery.
SUPPLIES
All consumables or property, including but not limited to
equipment, materials, printing and leases for real property, excluding
land or a permanent interest in land.
[Ord. of 4-21-1998(2)]
The current policy of the City is to maintain a decentralized
purchasing process which shall be monitored by the City Manager, Finance
Director and Purchasing Agent. Each department head within this decentralized
purchasing function shall be responsible for the function of procurement
of suitable supplies, services or construction for their using departments,
except as may be otherwise noted in these regulations. In all cases,
purchase orders shall channel through the Purchasing Agent's office
and, claims, invoices and any other such supporting documentation
shall channel through the Finance Director's office in order that
proper purchasing records may be maintained.
[Ord. of 4-21-1998(2); Ord. No. 99.69, 8-17-1999]
(1) The responsibility of department heads regarding procurement shall
be as follows:
(a)
Development of specifications for supplies, services or construction
shall be the responsibility of department heads. Any specifications
to be included in an invitation for competitive sealed bids or proposals
shall be submitted to the Purchasing Agent.
(b)
Procuring the highest quality item(s) for a specified use at
the lowest possible expense is required by all department heads, or
their delegates who have authority to purchase.
(c)
Department heads are required to control, supervise and maintain
any necessary inventories in a storeroom. Such storerooms shall serve
as the receiving and distribution points for materials purchased by
a using department.
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With the exception of public works parts and fuel inventories
and school lunch supply inventories, departments will be charged for
items at the time of purchase. Departments receiving parts and fuel
from public works inventories will be charged as items are used. Public
works and school lunch department heads will conduct a physical inventory
count of all supplies at such time as there is a change in personnel
directly responsible for those storerooms, at fiscal year end, and
as required throughout the year.
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(d)
Local purchasing is encouraged where competitive market prices exist except when Section
2-235(f) and Section
2-336 apply. Local purchasing is required unless non-local purchasing is more cost effective. The following factors shall be considered to determine cost effectiveness:
c.
Cost/ability to secure prices;
d.
Shipping and handling cost;
e.
Convenience of follow-up service;
f.
Time to secure the supply, item or service.
(e)
Inspection of incoming materials or services shall be performed
for compliance with specifications. These inspections are to be maintained
under rigorous review by department heads and their authorized designees.
The receiving report copy of the purchase order and any packing slips
are to be completed and returned to the Finance Department upon acceptance
of an order.
(f)
Unless otherwise provided, the single purchase of a supply or
construction item in an amount estimated at $5,000 or above shall
be made only by written contract award through the formal bidding
procedure. No supply, service or construction generally purchased
in the whole shall be purchased as a sum of the parts for the purpose
of avoiding the requirement to solicit bids. A single purchase of
services in an amount estimated at $10,000 shall be made only by written
contract award through the appropriate proposal procedure. Sole source
purchases and emergency purchases shall be exceptions to these rules.
[Amended 11-1-2011 by Ord. No. 2011.71]
(2) Appointment, authority and duties of Purchasing Agent:
(a)
The City Manager shall appoint a candidate for Purchasing Agent,
who will be confirmed by the City Council.
(b)
The authority and duties of the Purchasing Agent shall be as follows:
1.
Except as may be otherwise provided, the Purchasing Agent shall
serve as the principal purchasing official for the City, and shall
be responsible for the procurement of supplies, services and construction
in accordance with this article, as well as the management and disposal
of supplies.
2.
In accordance with this article, and subject to the supervision
of the City Manager, the Purchasing Agent shall:
a.
Procure or supervise the procurement of all supplies, services
and construction needed by the City;
b.
Exercise direct supervision over the City's central stores and
general supervision over all other storeroom inventories belonging
to the City;
c.
Sell, trade or otherwise dispose of surplus supplies belonging
to the City; assist the departments of the City with the establishment
and maintenance of programs for specification development, contract
administration and product inspection and acceptance and coordination
of supplies and service purchases.
3.
Consistent with this article, and with the approval of the City
Manager, the Purchasing Agent may adopt operational procedures relating
to the execution of his or her duties.
[Ord. of 4-21-1998(2); amended 11-1-2011 by Ord. No. 2011.71]
(a) Any contract not exceeding $5,000 may be made in accordance with
the small purchase procedures authorized in this section.
(b) Insofar as it is practical for small purchases in excess of $1,000,
no less than three businesses shall be solicited to submit quotations.
Quotations may be accepted by telephone. Award shall be made to the
business offering the lowest acceptable quotation. The names of the
businesses submitting quotations, and the date and amount of each
quotation, shall be recorded with purchase orders and maintained as
a public record.
[Ord. of 4-21-1998(2); amended 12-15-2020 by Ord. No. 2020.110]
A contract may be awarded without competition when the City
Manager determines in writing, after conducting a good faith review
of available sources, that there is only one source for the required
supply, service or construction item. The City Manager with the appropriate
department head or designee shall conduct negotiations, as appropriate,
as to price, delivery and terms. A record of sole source procurements
shall be maintained as a public record and shall list each contractor's
name, the amount and type of each contract, a listing of the item(s)
procured under each contract and the identification number of each
contract file.
[Ord. of 4-21-1998(2)]
Notwithstanding any other provision of this article, the City
Manager may make or authorize others to make emergency procurements
of supplies, services or construction items when there exists a threat
to public health, welfare or safety; provided that such emergency
procurements shall be made with such competition as is practicable
under the circumstances.
[Ord. of 4-21-1998(2)]
An invitation for bids, a request for proposals or other solicitation
may be canceled, or any or all bids or proposals may be rejected in
whole or in part as may be specified in the solicitation, when it
is for good cause and in the best interests of the City. The reasons
therefor shall be made part of the contract file. Each solicitation
issued by the City shall state that the solicitation may be canceled
and that any bid or proposal may be rejected in whole or in part for
good cause when in the best interest of the City. Notice of cancellation
shall be sent to all businesses solicited. The notice shall identify
the solicitation, explain the reason for cancellation and, where appropriate,
explain that an opportunity will be given to compete on any resolicitation
or any future procurements of similar items. Reasons for rejection
shall be provided upon request by unsuccessful bidders or offerors.
[Ord. of 4-21-1998(2)]
The City Manager shall designate the official(s) to be responsible
for any construction project in excess of $35,000. The designated
official shall have discretion to select the appropriate method of
construction contracting management for a particular project. In determining
which method to use, the designated official shall consider the City's
requirements, its resources and the potential contractor's capabilities.
The designated official shall execute, and include in the contract
file a written statement setting forth the facts which led to the
selection of a particular method of construction contracting management
for each project.
[Ord. of 4-21-1998(2)]
All specifications shall be drafted to promote overall economy
for the purposes intended and encourage competition in satisfying
the City's needs, and shall not be unduly restrictive. The policy
enunciated in this section applies to all specifications including
but not limited to, those prepared for the City by architects, engineer,
designers and draftsmen.
[Ord. of 4-21-1998(2)]
The Finance Committee may examine every bill, claim and demand
presented for payment by any person or department official and may
question its legality and validity. The Finance Committee shall sign
a warrant or order directed to the City Treasurer to pay such bill,
claim or demand and designate the fund or appropriation to be charged
therewith in accordance with the Charter.
[Ord. of 4-21-1998(2)]
The City Auditor is expressly enjoined and forbidden from approving
any bill contracted by any official, agent or employee of the City
unless the goods, articles or materials charged in the bill have been
delivered and that they are of the quality and quantity ordered.