[HISTORY: Adopted by the Council of the Town
of Mount Airy 6-4-1990 by Ord. No. 1990-5. Amendments noted where
applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings set forth in this section:
Any public improvement undertaken by the Town, including
construction or reconstruction in whole or in part of any road, bridge,
street, building or water, sewer or storm drain facility or any similar
structure or facility necessary in carrying out the activities of
the Town government.
Includes all types of services required by the Town but not
furnished by its own employees except professional services which
are in their nature unusual and not subject to competition and shall
not include capital improvements.
A contractor or supplier which has bid or quoted a price,
or from which a bid or price quote is or may be solicited, for the
supply of services or goods to the Town pursuant to a contract awarded
pursuant to this chapter which has had a physical office or place
of business within the Town limits, or within the 21771 zip code for
Mount Airy, for at least 90 continuous days before the submission
of the bid or price quote to the Town.
[Added 6-3-2019 by Ord.
No. 2019-4]
The contractor or supplier that the Town Council or Purchasing Agent determines shall be awarded a contract for purchase of services or goods by the Town under this chapter in consideration of the factors set forth in § 26-9 below.
[Added 6-3-2019 by Ord.
No. 2019-4]
The Mayor or such other person as may be designated as such
in the Town Charter or by the Town Council.
Includes all commodities, materials, equipment and all other
articles or things furnished to be used by any department or Town
official or employee, except supplies of an unusual or noncompetitive
nature which shall not be subject to competitive bidding.
[Amended 6-3-2019 by Ord.
No. 2019-4]
A.
An emergency for purposes of this chapter, shall be
deemed to exist when a breakdown in equipment, machinery and/or a
threatened curtailment of essential services or a dangerous condition
develops, or when any unforeseen circumstance arises causing curtailment
or diminution of an essential service.
B.
In
cases of emergency, the head of the appropriate department or the
Purchasing Agent may purchase directly the required supplies or services.
The department head or Purchasing Agent shall, however, whenever practicable,
obtain three competitive telephone bids, to include attempting to
solicit a bid from at least one Local Bidder/Contractor/Supplier if
one exists for the type of goods or services needed that is ready,
willing and able to furnish a price quote and supply the goods or
services within the time frame required. The Purchasing Agent shall
order from the Lowest Responsible Bidder. A written record shall be
prepared as promptly as possible concerning the circumstances of the
emergency and a tabulation of any bids and the amount expended and
shall be presented to the Council at its next meeting. The submission
of a bid or price quote shall not create a binding contract on the
Town. No binding contract is created until the Purchasing Agent of
the Town approves the purchase. Information contained in bids or price
quotes shall not be considered proprietary.
C.
The
Purchasing Agent shall endeavor to reduce emergency purchases to a
minimum by use of service contracts or other arrangements for standby
services.
[Amended 6-3-2019 by Ord.
No. 2019-4]
[Amended 4-2-2007 by Ord. No. 2007-8; 3-5-2012 by Ord. No.
2012-2; 6-3-2019 by Ord. No. 2019-4]
All Supplies, Contractual Services and Capital Improvements,
where the estimated cost exceeds $30,000 shall be purchased by formal
written contract from the Lowest Responsible Bidder after public notice,
as determined by the Purchasing Agent, inviting proposals. The following
procedures shall be observed:
A.
The
Purchasing Agent shall cause appropriate written specifications to
be prepared.
B.
Advertisement
to prospective bidders shall be given in at least one issue of a newspaper
having general circulation in the Town at least 15 days before the
date for the opening of bids. Such advertisement shall include a general
description of the Supplies or Contractual Services involved or the
Capital Improvement to be undertaken and shall state where bid forms
and specifications may be obtained and state the place and time for
opening bids.
C.
Each
bidder shall accompany his or her bid with a statement under oath
that he or she has not been a party with any other bidder to bid a
fixed or uniform price. Failure to so provide such a statement shall
invalidate the bid. Any bidder seeking to qualify for consideration
as a Local Bidder/Contractor/Supplier shall so specify and provide
a statement under oath listing the offices or places of business qualifying
the bidder/contractor/supplier for such status.
D.
Bids
shall be opened publicly by the Purchasing Agent who shall present
all bids to the Council at its next meeting. No bid may be withdrawn
within 30 days of the bid opening.
E.
The
Council, by motion, shall award the contract to the Lowest Responsible
Bidder, except that the Council may reject all bids, parts of all
bids or all bids for any one or more items included in the proposed
contract whenever, in its judgment, the public interest will be served
thereby.
F.
All
contracts shall be signed on behalf of the Town by the Mayor. The
submission of a bid shall not create a binding contract on the Town.
No binding contract is created until the Town Council approves award
of the bid and until the Mayor signs the contract. Information contained
in bids shall not be considered proprietary.
[Amended 10-7-2002 by Ord. No. 2002-24; 4-2-2007 by Ord. No. 2007-9; 3-5-2012 by Ord. No. 2012-2; 6-3-2019 by Ord. No. 2019-4; 3-6-2023 by Ord. No. 2023-2]
Where the estimated cost of a contract for Supplies, services
and/or Capital Improvements exceeds $5,000 up to and including $30,000,
the following procedure applies:
A.
The Purchasing Agent shall cause appropriate written specifications,
such as a list of items and/or services to be prepared.
B.
The Purchasing Agent shall follow the procedures in § 26-3, or, alternatively, may solicit informal bids by personal contact and/or by telephone. When practical and when circumstances reasonably allow, considering general availability of the items or services being purchased, sources available for the purchases and past experience with the vendor or manufacturer, at least two, preferably three, bids shall be obtained, which, so long as already budgeted by the Town Council, the Purchasing Agent may award the contract or reject bids as set forth in § 26-3. Nothing in the section shall be read to negate the need for purchases to be budgeted by the Town Council. Following any award, a written contract or purchase order shall be signed on behalf of the Town by the Mayor or designated Purchasing Agent. Bids may not be withdrawn within 30 days from the date of the bid.
[Amended 10-7-2002 by Ord. No. 2002-24; 4-2-2007 by Ord. No. 2007-10; 6-3-2019 by Ord. No. 2019-4; 3-6-2023 by Ord. No. 2023-2]
When the cost of a contract for Supplies, Contractual Services and Capital Improvements is $5,000 or less, the Purchasing Agent may award the contract or reject bids as set forth in § 26-3 without Council approval. Whenever practical, the Purchasing Agent shall obtain telephone prices from at least two sources, which shall include attempting to solicit a price from at least one Local Bidder/Contractor/Supplier if one exists for the type of goods or services needed that is ready, willing and able to furnish a price quote and supply the goods or services within the time frame required. Nothing in the section shall be read to negate the need for purchases to be budgeted by the Town Council. A report of all such purchases shall be made to the Council at its next meeting. The submission of a bid or price quote shall not create a binding contract on the Town. No binding contract is created until the Purchasing Agent of the Town approves the purchase. Information contained in bids or price quotes shall not be considered proprietary.
[Amended 10-7-2002 by Ord. No. 2002-24]
A.
The purchasing agent is authorized to exchange or
trade-in obsolete equipment or surplus supplies in part of full payment
for new supplies or equipment. All proposed trade-ins must be approved
by the Council.
B.
The purchasing agent may sell any Town owned items,
including supplies, equipment and other materials which are determined
to be surplus, obsolete or no longer needed. Such sale may be made,
for items of $200 of value or more, only by the acceptance of sealed
bids, which may be opened and accepted only after advertisement in
at least one newspaper of general circulation in the Town at least
15 days prior to the date of opening of the bids and sale.
C.
This provision shall not apply to materials sold to
the general public, including commemorative items, collectible items,
items marked with the Town Seal or name or items sold on behalf of
the Historical Society.
[Added 10-4-2004 by Ord. No. 2004-9]
A.
The Town may participate in, sponsor, conduct, or
administer cooperative procurement agreements with one or more other
public entities when the best interests of the Town would be served
thereby.
B.
The Town may contract with any contractor who offers
goods, services, insurance, or construction on the same terms as provided
other state, local or municipal governments or agencies thereof who
have arrived at those terms through a competitive procurement procedure
similar to the procedure used by the Town.
C.
The Town may contract directly with other public entities
for goods or services when such goods or services were obtained through
competitive procurement procedures.
D.
The Town may contract with any public entity to provide
or receive any work or services of the type the Town or such other
public entity performs for its jurisdiction
E.
The Town may enter into agreements or memoranda of
understanding with other public entities for the common use or lease
of facilities upon terms agreed upon between the parties.
[Added 3-5-2012 by Ord. No. 2012-2]
A.
Where the Town requires supplies, materials, or equipment which are
produced or sold by only one manufacturer or vendor, or which cannot
practicably be procured by the Town from any other source, the Town
may specify such manufacturer's or vendor's supply, material or equipment
in the Invitation to Bid and may obtain competitive bids from that
manufacturer or vendor under the following conditions:
(1)
The Town must receive a letter from the manufacturer/vendor enclosing
copies of all applicable patents and a statement setting forth the
basis for the assertion that the manufacturer/vendor is the sole provider
of such supplies, materials or equipment;
(2)
The purchasing agent has, after a good faith review of available
sources, verified that there is only one responsible source for the
required supplies, materials, or equipment;
(3)
Upon a finding that no reasonable alternative source exists other
than the manufacturer/vendor asserted to be the sole source for the
required supplies, materials or equipment, the purchasing agent shall
negotiate in good faith in the best interests of the Town the price,
delivery and other terms of such sole source purchase; and
(4)
The purchasing agent shall complete, sign and submit to the Town Clerk for recordkeeping in the regular course the Town's Sole Source Justification Form, as amended from time to time and available at Town Hall, attaching the letter from the manufacturer/vendor required in Subsection A(1) above, and therein provide a detailed justification for the sole source purchase to include the Town's need for the supply, material or equipment and the unique features of such supply, material or equipment which cause it to be available for purchase from only one manufacturer or vendor.
B.
Where the Town requires the same supplies, materials, or equipment which are provided by a sole manufacturer/vendor, the Town may award the bid so long as the conditions set forth in Subsection A above are met and in accordance with the procedures, depending on the amount of the purchase, set forth in § 26-3, 26-4 or 26-5.
[Added 3-5-2012 by Ord. No. 2012-2; amended 7-1-2013 by Ord. No.
2013-10]
A.
When the Town requires architectural and/or engineering services,
the Town may:
(1)
Follow the procedures for purchases set forth in the sections of
this chapter above; or
(2)
May choose to select such candidates on the basis of both qualifications
and a proposal, and continue to award services to the successful candidate
for a period up to five years, so long as:
(a)
The Town issues a combination Request for Qualifications (RFQ)
and a Request for Proposals (RFP), which shall include, at minimum:
B.
When the purchase of architectural and/or engineering services follows
the RFQ/RFP method, the Town shall designate a Qualifications Review
Committee of two or three members of Town staff to review all submissions
of prospective candidates to determine the best successful candidate
to perform requested services.
Whenever, by reason of revenue sharing or otherwise,
state or federal laws or regulations apply to any anticipated contract
for supplies, services or capital improvements, such laws or regulations
shall prevail over any inconsistent provisions of this chapter.
[Amended 6-3-2019 by Ord.
No. 2019-4; 3-6-2023 by Ord. No. 2023-2]
In determining the Lowest Responsible Bidder under §§ 26-2, 26-3, 26-4 and 26-5, the Council or Purchasing Agent shall consider:
A.
The ability, capacity and skill of the bidder to perform the contract
or provide the service 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.
Whether the bidder is in arrears to the Town on debt or contract
or is a defaulter on surety to the Town or whether the bidder's
Town taxes or assessments are delinquent.
G.
Whether the bidder qualifies as a Local Bidder/Contractor/Supplier
whose bid is within 2%, but no more than $20,000, above the lowest
bidder.
H.
In the case of steel products, whether the bidder proposes using
American steel and is within 15% of the lowest bid.
I.
Such other information as may have a bearing on the decision to award
the contract.
