[HISTORY: Adopted by the Town Council of
the Town of Lincoln 9-17-2013 by Ord. No. 2013-9[1] Amendments noted where applicable.]
CHARTER REFERENCES
Town Administrator to negotiate contracts — See § C6-6(4).
Director of Finance to buy supplies, materials, etc. — See § C7-5(12).
Competitive bidding — See § C7-6.
STATE LAW REFERENCES
State purchasing — See R.I.G.L.
§ 37-2-1 et seq.
Power of Town Council to establish intermunicipal
agreement for joint purchasing — See R.I.G.L. § 45-5-20.
[1]
Editor's Note: This ordinance also superseded former Ch. 48,
Purchasing Policy, adopted 6-17-1997 by Ord. No. 97-6 (Ch. 2, Art.
V, of the 1990 Code of Ordinances), as amended.
Except as otherwise authorized by law, all supplies and municipal
contracts shall be purchased or awarded by:
E.
Participation in the Rhode Island State Purchasing Master Price Agreements
in accordance with R.I.G.L. § 37-2-56.
The Town Finance Director or his or her designee is hereby designated
to act as Purchasing Officer so as to exercise the powers and duties
as set forth in this chapter unless otherwise designated. The Purchasing
Officer shall be responsible for ensuring that required bidding practices
and purchasing regulations are followed.
There shall be a Purchasing Committee which shall be a subcommittee of the Town Council and shall consist of at least three members of the Town Council. Procurements, that exceed an aggregate amount of $10,000 for construction or $5,000 for all other purchases shall be referred to the Purchasing Committee by the Finance Director with a written recommendation to award the contract in accordance with § 48-6, Competitive sealed bidding; § 48-7, Competitive negotiation; § 48-8, Negotiations after successful competitive sealed bidding; or § 48-9, regarding sole source or cooperative purchasing agreements, participation in the Rhode Island State Purchasing Master Price Agreements in accordance with R.I.G.L. § 37-2-56; or participation in cooperative purchasing agreements with other municipalities, pursuant to R.I.G.L 45-5-20. The Purchasing Committee shall have the following duties:
A.
Meetings. It shall meet with the administrator or head of the department
requesting the purchase which is the subject of bids to be considered
by the Council at an upcoming Council meeting prior to such meeting
and shall at such Committee meeting examine the bid documents it deems
necessary.
B.
Reports. The Purchasing Committee shall make a report of its findings
to the full Council at the next Council meeting.
C.
Unless otherwise provided herein or by law, all bids shall be opened
publicly by the Purchasing Officer in full view of the public at the
time and place designated in the invitation for bids. Each bid together
with the name of the bidder shall be recorded and an abstract made
available for public inspection. Subsequent to the awarding of the
bid by the Town Council, all documents pertinent to the awarding of
the bid shall be made available and open to public inspection and
retained in the bid file.
D.
Unless otherwise specified herein, all contracts shall be awarded
by the Town Council upon the recommendation of the Purchasing Officer
with reasonable promptness by written notice to the responsive and
responsible bidder whose bid is either the lowest bid price or lowest
evaluated or responsive bid price.
E.
Correction or withdrawal of bids may be allowed only to the extent
permitted by the Town Council or by regulations issued by the Purchasing
Officer and approved by the Town Council.
The words defined in this section shall have the meanings set
forth below whenever they appear in this chapter, unless the context
in which they are used clearly requires a different meaning or a different
definition is prescribed for a particular section, group of sections
or provisions:
Any corporation, partnership, individual, sole proprietorship,
joint venture or any other legal entity through which business is
conducted.
A written order signed by the Purchasing Officer or contractor
directing or allowing the contractor to make changes which the changes
clause of the contract authorizes the Purchasing Officer or contractor
to order without the consent of the contractor or Purchasing Officer.
Unless otherwise provided by law, shall mean the process
of building, altering, repairing, improving or demolishing any public
structures or building or other public improvements of any kind to
any public real property. It does not include the routine maintenance
or repair of existing structures, buildings or real property performed
by salaried employees of the Town in the usual course of their job.
All types of agreements, including grants and orders, for
the purpose of disposal of supplies, services, construction or any
other item. It shall include awards, contractors of a fixed-price,
cost, cost-plus-a-fixed fee or incentive type; contracts providing
for the issuance of job or task orders; leases; letter contracts,
purchase orders and construction management contracts. It also includes
supplemental agreements with respect to any of the foregoing. "Contract"
does not include labor contracts with employees of the Town.
Any written alteration in the specifications or delivery
point, whether accomplished by unilateral action in accordance with
a contract provision, or by mutual action of the parties to the contract.
It shall include bilateral actions, such as supplemental agreements,
and unilateral actions, such as change orders, administrative changes,
notices of termination and notices of the exercise of a contract option.
Any person having a contract with the Town.
Recorded information, regardless of form or characteristic.
A duly authorized representative of a person holding a superior
position.
An individual drawing a salary from the Town, either elected
or not, and any nonsalaried individual performing personal services
for the Town.
Permissive.
The Town of Lincoln.
Any business, individual, organization or group of individuals.
The purchasing, buying, renting, leasing or otherwise obtaining
of any supplies, services or construction. It shall also include all
functions that pertain to the obtaining of any supply, service or
construction item, including description of requirements, selection
and solicitation of sources, preparation and award of contract and
all phases of contract administration.
The Finance Director or his or her designee or such other
person designated pursuant to law and charter.
The rules and regulations adopted by the Town concerning
the implementation of the provisions of this chapter.
Responsible bidder or responsible offeror. In determining a
responsible bidder or responsible offeror, in addition to price and
responsiveness, the following factors may be considered:
The ability, capacity and skill of the bidder or offeror to
perform the contract or provide the service required;
Whether the bidder or offeror can perform or provide the service
promptly or within the time specified without a delay or interference;
The character, integrity, reputation, judgment, experience and
efficiency of the bidder or offeror;
The quality of performance of previous contracts or services;
Previous and existing compliance by the bidder or offeror with
laws and ordinances relating to the contract or service;
The sufficiency of the financial resources and ability of the
bidder or offeror to perform the contract or provide the service;
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
The ability of the bidder or offeror to provide future maintenance
and service for the use of the subject contract;
The number and scope of conditions attached to the bid or offer.
Equal bids or offers; local vendors. If all bids or offers received
are for the same total amount or unit price, quality, responsiveness,
responsibility and service being equal, the contract shall be awarded
to a local bidder or offeror. A local bidder or offeror shall be one
who owns or operates a business within the Town.
A.
Contracts exceeding the amount provided by § 48-10 shall be awarded by competitive bidding unless it is determined by the Town Council upon the recommendation of the Purchasing Officer, in writing, that this method is not practicable. Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:
(1)
Specifications can be prepared that permit award on the basis of
either the lowest qualified bid price or the lowest qualified evaluated
bid price; and
(2)
The available sources, the time and place of performances and other
relevant circumstances as are appropriate for the use of competitive
sealed bidding.
B.
The invitation for bids shall state whether award shall be made on
the basis of the lowest bid price or the lowest evaluated or responsive
bid price. If the latter basis is used, the objective measurable criteria
to be utilized shall be set forth in the invitation for bids, if available.
C.
Adequate public notice of the invitation for bids shall be given
a sufficient time prior to the date set forth therein for the opening
of bids. Such notice may include publication in a newspaper of general
circulation in the state as determined by the Purchasing Officer for
the municipality not less than seven days nor more than 21 days before
the date set for opening bids. The Purchasing Officer may make a written
determination that the twenty-one-day limitation is being waived and
shall state the number of days, giving a minimum and maximum, before
the date set for the opening of bids when public notice is to be given.
D.
Sealed bids. Bids shall be sealed when submitted to the Purchasing
Officer and shall be identified as bids on the envelope. Bids shall
remain sealed until publicly opened as stated above.
B.
Adequate public notice of the request for proposals shall be given in the same manner as provided in § 48-6C.
C.
Contracts may be competitively negotiated when it is determined,
in writing, by the Purchasing Officer that the bid prices received
by competitive sealed bidding either are unreasonable as to all or
part of the requirements or were not independently reached in open
competition, and for which:
(1)
Each competitive bidder has been notified of the intention to negotiate
and is given reasonable opportunity to negotiate;
(2)
The negotiated price is lower than the lowest rejected bid by any
competitive bidder; and
(3)
The negotiated price is the lowest negotiated price offered by a
competitive offeror.
D.
The request for proposals shall indicate the relative importance
of price and other evaluation factors.
E.
Award shall be made by the Town Council upon the recommendation of
the Purchasing Officer to the responsible offeror whose proposal is
determined, in writing, to be the most advantageous to the municipality,
taking into consideration price and the evaluation factors set forth
in the request for proposals.
F.
Written or oral discussions shall be conducted with all responsible
offerors who submit proposals determined, in writing, to be reasonably
susceptible of being selected for award. Discussions shall not disclose
any information derived from proposals submitted by competing offerors.
Discussions need not be conducted:
(1)
With respect to prices, where such prices are fixed by law or regulations,
except that consideration shall be given to competitive terms and
conditions;
(2)
Where time of delivery or performance will not permit discussions;
or
(3)
Where it can be clearly demonstrated and documented from the existence
of adequate competition or accurate prior cost experience with the
particular supply, service or construction item that acceptance of
an initial offer without discussion would result in fair and reasonable
prices, and the request for proposals notifies all offerors of the
possibility that award may be made on the basis of the initial offers.
A.
In the event that the bids submitted pursuant to competitive sealed bidding under § 48-6 result in bid prices in excess of funds available for the purchase, and the Purchasing Officer determines, in writing that there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder; and the best interest of the municipality will not permit the delay attendant to a resolicitation under revised specifications or for revised quantities under competitive sealed bidding as provided in § 48-6, then a negotiated award may be made as set forth in Subsection B or C of this section.
B.
Where there is more than one bidder, competitive negotiations pursuant to § 48-7 shall be conducted with the three (two if there are only two) bidders determined, in writing, to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Such competitive negotiations shall be conducted under the following restrictions:
(1)
If discussions pertaining to the revision of the specifications or
quantities are held with any potential offeror, all other potential
offerors shall be afforded an opportunity to take part in such discussions;
or
(2)
A request for proposals, based upon revised specifications or quantities,
shall be issued as promptly as possible, shall provide for an expeditious
response to the revised requirements and shall be awarded upon the
basis for the lowest bid price, or lowest evaluated bid price submitted
by any responsive and responsible offeror.
A.
A contract may be awarded for a supply, service or construction item
without competition when, under these regulations, the Purchasing
Officer determines, in writing, that there is only one source for
the required supply, service or construction item.
B.
Notwithstanding any other provision of this chapter, the Purchasing
Officer may make or authorize others to make emergency procurements
when there exists a threat to public health, welfare or safety under
the emergency conditions as defined in those regulations or where
the procurement will be in the best interest of the Town as established
by these or any other properly promulgated rules and regulations;
provided that such emergency procurements shall be made with such
competition as is practicable under the circumstances. A written determination
of the basis for the emergency, and for the selection of the particular
contractor, shall be included in the contract file with a copy to
the Town Council.
C.
Cooperative purchasing agreements. Nothing in this chapter shall
prevent the Purchasing Officer from entering into and participating
in cooperative purchasing agreements with any state government, local
government or any national cooperative purchasing organization that
allows participation by local governments. He/she may participate
in or sponsor, conduct, and/or administer a cooperative purchasing
agreement for the acquisition of supplies, services, construction
or any manner of item with any other public purchasing activity in
the state, provided that the essential requirements of this chapter
are met and the interest of the Town is best served. The Purchasing Officer
must enter into the cooperative purchasing agreement either prior
to the bidding of the supply, service, construction or other item
and make a finding that the purchasing procedures are in conformance
with this chapter, or must obtain the consent of the vendor for the
item or service prior to using and entering into a cooperative purchasing
agreement, and the Purchasing Officer must also make a finding that
the purchasing procedures were performed in accordance with this chapter.
[Amended 2-25-2014 by Ord. No. 2014-01]
Procurements, not to exceed an aggregate amount of $10,000 for
construction and $5,000 for all other purchases, may be made without
bids or in accordance with small purchase regulations promulgated
by the Town. If the amount of the procurement is in excess of $2,500,
but no more than $5,000, a minimum of three verified and recorded
telephone bids shall be solicited and an award made on the basis thereof.
Procurement requirements shall not be artificially divided so as to
constitute a small purchase under this section. The Town may further
reduce the aggregate purchase amount as provided for in this section
by ordinance.
An invitation for bids, a request for proposals or other solicitation
may be canceled, or all bids or proposals may be rejected, if the
Town Council determines, in writing, that such action if taken is
not in the best interest of the municipality.
A.
A written determination of responsibility of a bidder or offeror
shall be made and it shall be made in accordance with regulations
issued by the municipality.
(1)
A reasonable inquiry to determine the responsibility of a bidder
or offeror may be conducted. The failure of a bidder or offeror to
promptly supply information in connection with such an inquiry may
be grounds for a determination of nonresponsibility with respect to
such bidder or offeror.
B.
Except as otherwise provided by law, information furnished by a bidder
or offeror pursuant to this section may not be disclosed outside of
the Purchasing Department and officers administering the contract
without prior written consent of the bidder or offeror.
When deemed necessary by the Purchasing Officer, bid deposits
shall be prescribed in the notices inviting bids. Unsuccessful bidders
shall be entitled to return of surety where the Purchasing Officer
had required such. A successful bidder shall forfeit any surety required
by the agent upon failure of the bidder to enter into a contract within
15 days after the award.
When deemed necessary by the Purchasing Officer, he or she shall
recommend to the Council that a performance bond in a particular amount
be required of a successful bidder.
A.
General. The Town may provide for prequalification of suppliers as
responsible prospective contractors for particular types of supplies,
services and construction. The Town shall adopt regulations for prequalification
in the same manner provided for in the adoption of ordinances in the
manner provided for in the legislative or Home Rule Charter of the
Town. Solicitation mailing lists of potential contractors of such
supplies, services and construction shall include but need not be
limited to such prequalified contractors.
B.
Prequalification shall not foreclose a written determination:
The procurement of the service of an attorney, physician or
dentist by the Town shall be exempt from the provisions of this chapter.
All purchases and contracts executed on behalf of the Town shall
be made pursuant to a written requisition from the head of the office,
department or agency whose appropriation will be charged, accompanied
by a certification that there is sufficient unencumbered appropriation
balance to the credit of such office, department or agency to pay
for the supplies, material, equipment or contractual services for
which the contract or order is to be issued. The Town Council shall
not authorize final payment in any such instance until it is satisfied
that proper procedures have been followed and payment is in order.
No increase in the total cost of any contract for goods or services
which has been entered into on behalf of the Town shall exceed 10%
of such total cost, and any increase shall be made pursuant to a written
requisition, certified as aforesaid for available funds, and approved
by the Council before payment is made.
