Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Lancaster, WI
Grant County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (8) Index
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 3.11 of the 2005 Code; amended 1-21-2008 by Ord. No. 2008-01]
A. 
The underlying purposes of this policy are:
(1) 
To ensure fair and equitable treatment of all persons who wish to or do conduct business with the City.
(2) 
To provide for economy in City procurement activities.
B. 
Compliance; exemptions.
(1) 
This article shall not prevent the City from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law.
(2) 
When procurement involves the expenditure of federal or state assistance funds, the City shall comply with applicable federal law and regulations.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BUSINESS
Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CHANGE ORDER
A written order signed by the purchasing agent directing the contractor to suspend work or make changes, which the appropriate clauses of the contract authorize the purchasing agent to order without consent of the contractor, or any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
CONTRACT
Any City agreement for the procurement or disposal of supplies, services, or construction.
INVITATION FOR BIDS
All documents, whether attached or incorporated by reference, used for soliciting bids.
PERSON
Any business, individual, union, committee, club, other organization, or group of individuals.
PROCUREMENT
Buying, purchasing, renting, leasing with an option to purchase, or otherwise acquiring any supplies, services, or construction.
PUBLIC CONSTRUCTION
Activities concerned with the erection of buildings and bridges, the construction of streets and highways, and other similar public improvements which require the combining of materials, supplies, and labor.
PURCHASE DESCRIPTION
The words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation.
PURCHASING AGENT
The person duly authorized by the governing body of the City to enter into and administer contracts and make written determinations with respect thereto.
REQUEST FOR PROPOSALS
All documents, whether attached or incorporated by reference, used for soliciting proposals.
The City Administrator shall be designated as the official Purchasing Agent for the City. The Purchasing Agent, under the direction of the Common Council, shall be responsible to make procurements, solicit bids and proposals, enter into and administer contracts, and make written determinations for the City.
Purchasing process guidelines shall be defined in the City's administrative Purchasing Policy. From time to time, the Common Council shall review the policy and approve any necessary changes. The following provisions of the policy shall apply to all purchases:
A. 
The City Administrator or Mayor may execute any purchase orders in the event of an emergency caused by natural disaster, or in the ordinary course of business when the situation warrants such that to not make or approve such purchase would cause an imminent threat to the public's health, welfare, or safety.
[Amended 11-17-2014 by Ord. No. 2014-05]
B. 
No expenditures shall be made on an installment basis, partial payments or partial purchases in an attempt to circumvent the limitations of this policy.
C. 
Expenditures will be reported to the Council at the next regular meeting.
A. 
An invitation for bids shall be issued when a contract is to be awarded by competitive sealed bidding. The invitation shall include a purchase description and all contractual terms and conditions applicable to the procurement. Public notice of the invitation for bids shall be given at least 15 days prior to the date set forth therein for the opening of bids. The notice shall include publication in a newspaper of general circulation.
B. 
Any procurement of $5,000 or more for a public construction project shall meet the legal requirements of § 62.15(1), Wis. Stats.
C. 
Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and any other relevant information, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection.
D. 
Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids shall be evaluated based on the requirements set forth in the invitation for bids.
E. 
Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, shall be permitted. After bid openings no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a written determination made by the purchasing agent.
F. 
The contract shall be awarded with reasonable promptness, by written notice, to the lowest bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
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 in the best interests of the City. The reasons shall be part of the contract file.
The City may solicit bids from specific vendors or a preselected bid list in addition to the required legal advertising in the newspaper.
The competitive sealed bid process is only required of public construction purchases over $25,000, but is strongly recommended for other purchases over $25,000.
A. 
Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may appeal to the Common Council. An appeal shall be submitted in writing within five working days after the aggrieved person knows or should have known of the facts.
B. 
The City's governing body shall be the final appeal on the City level.
No person involved in making purchasing decisions may have personal investments in any business entity which will create a substantial conflict between his private interests and his public duties.