The Board of Selectmen shall be the general purchasing authority
of the Town. All supplies, materials, equipment, other commodities
and work or services required by any department, office, agency, board
or commission of the Town, including the Board of Education, shall
be purchased by the purchasing authority on requisition, in such form
as the Selectmen may prescribe, signed by the head of the department,
office or agency or chair of the board or commission. No contract
or requisition for any purchase shall be valid until it has been also
signed by the First Selectman and the Treasurer or by an officer or
officers of the Town designated for such purpose by the purchasing
authority to act in place of either or both such officers and unless
there are sufficient unencumbered funds to make payment. A copy of
each requisition and supporting contract or other supporting information
shall be submitted to the First Selectman and the Treasurer. The First
Selectman shall administer purchasing and bidding for the purchasing
authority unless the Board of Selectmen prescribes otherwise. The
Superintendent of the Schools shall administer purchasing and bidding
for the Board of Education for the purchasing authority unless the
Board of Selectmen prescribes otherwise.
No purchase shall be made nor shall any services be obtained from any Town officer or from any partnership, corporation or other legal entity of which a Town officer is a partner, officer, director or holder of an interest of more than 5% unless such relationship and the fact that such purchase is contemplated shall be made known in writing to the Board of Selectmen, which writing shall be posted on a public bulletin board in the Town Hall for at least five days before the purchase is made or the services obtained. The provisions of this section shall not apply to any contract awarded to a lowest responsible bidder after public advertisement as provided in §
160-2C.
No requisition or contract for any purchase shall be valid unless
it bears the endorsement of the Town Treasurer. The Town Treasurer
shall endorse a requisition or contract only after he or she has examined
the same and found that it conforms to the requirements of this chapter
and that there is or will be a sufficient unencumbered balance of
an applicable appropriation to pay the same. The Town Treasurer shall
record the amount of the requisition or of any approved contract as
an encumbrance against the appropriation from which it is to be paid,
and if by making any requisition for purchase or by execution of any
contract the budget allowance of the office, department, commission
or board requesting the same shall be exceeded, the Treasurer or the
purchasing authority shall bring the request to the attention of the
office, department, commission, or board, which shall request action
by the Board of Finance and secure its approval before the purchase
or execution of the contract is made.
No voucher, claim or charge against the Town shall be paid until
it has been approved by the purchasing authority and the Town Treasurer
for correctness and legality. Appropriate checks shall be drawn by
the Town Treasurer for approved claims or charges and the same shall
be signed by the Treasurer and one Selectman unless the Board of Selectmen
shall prescribe otherwise. If more than one Selectman signs, signature
by one of the Selectmen may be by facsimile, but signature by the
other Selectman shall not be by facsimile. Payroll checks may bear
up to two facsimile signatures but shall always have at least one
nonfacsimile signature.
This chapter shall apply whenever a Town check is to be issued
and thus covers purchases even if made under grants, from special
funds, or any other source.
In circumstances where compliance with this chapter for continuing
purchases would be impractical or not in the best interests of the
Town, the Board of Selectmen may waive, by written approval, compliance
with this chapter for up to a maximum period of one year. Such waivers
may be renewed for additional one-year periods. Each waiver shall
contain a statement of the reasons for such waiver and shall be kept
on file in the office of the purchasing authority where it shall be
open to public inspection.
In an emergency, the First Selectman or his or her designee
may waive compliance with this chapter, provided that the waiver and
the nature of the emergency shall be brought to the Board of Selectmen
for ratification as soon as reasonably practical.
For purposes of §
160-3, "Town officer" shall be defined as in Chapter
52, Ethics, Code of, and shall also include the spouse, children, parents, and siblings of the Town officer.
For services of a recurring nature but without a definite scope
of work, such as plumbing or electrical repairs, bids may be solicited
on an annual basis for unit rates for labor and the basis for pricing
of materials. Orders for services covered by the bid may then be placed
with the low bidder based on those rates without further bidding.