The purchase of supplies and other property shall be as provided in MGL c. 30, § 39M, MGL c. 30B, and MGL c. 149, §§ 44A through 44J.
[Amended 1-3-2001 by Ord. No. 2001-1]
All contracts made under this division up to $25,000 need not be accompanied by a bond unless so requested by the Purchasing Agent or the Mayor. All contracts amounting to $25,000 or more shall be accompanied by a bond with sureties satisfactory to the Mayor, or by a deposit of money, certified check or other securities for the faithful performance thereof, and such bonds or other securities shall be approved by the Corporation Counsel as to form and manner of execution and shall be deposited with the City Treasurer until the contract has been carried out in all respects.
[Amended 7-15-2008 by Ord. No. 2008-40]
All departments of the City shall file with the Purchasing Division detailed estimates of their requirements for supplies and contractual services in such manner, at such times and for such future periods as the Purchasing Agent shall prescribe. This shall not prevent any department from filing with the Purchasing Division, at any time, a requisition for any supplies or contractual services the need for which was not foreseen when the detailed estimates were filed.
A. 
Each bid proposal for any street construction, reconstruction or resurfacing contract shall be individually drafted in accordance with the particular specifications of each project as they have been developed by the appropriate agency.
B. 
No unit costs shall be solicited for any item unless estimated quantities for such items have been developed by the contract engineer; thereby all unit costs shall be reflected in the total contract cost.
C. 
Any department soliciting bids on a project involving street construction shall develop its own estimated line-item costs prior to the opening of the project bids, such that these can be compared to the contractors' unit costs for identification of any inflated unit costs.
[Amended 2-13-2002 by Ord. No. 2002-5; 7-15-2008 by Ord. No. 2008-40]
Except as provided for emergency purchases, requisitions for the purchase of supplies or contractual services for any department shall be received by the Purchasing Division prior to the issuance of a purchase order or contract for such supplies or contractual services and shall be authorized by the head of the using department or his authorized agent. The Purchasing Agent shall examine each requisition and shall have the authority, only after consultation with the department head, to revise it as to quantity, quality or estimated cost, but revision as to quality shall be in accordance with the standards and specifications provided by the department. The Purchasing Agent shall promptly and in writing notify the requisitioning department head of any such revision; and if dissatisfied therewith, the department head shall have the right, at any time within 48 hours after receipt of such notice, to cancel the requisition, which cancellation shall also be in writing.
Except in cases of emergency, the Purchasing Agent shall not issue any order for the delivery on a contract or open-market purchase, or for the transfer of supplies from one department to another, until the City Auditor shall have certified that there is to the credit of the department concerned, or to the credit of the Purchasing Division, a sufficient unexpended and unencumbered appropriation balance to defray the amount of such order.
Whenever a City-owned vehicle is serviced with fuel, equipment, repairs or any other service, the bills for such service rendered to the City shall contain, in addition to a detailed itemized account of such service, the date of such service, the registration of the vehicle serviced, the department to which such vehicle is attached, and the signature of the driver of such vehicle, except City-owned motor vehicles repaired or serviced at the municipal garage, the Police Department garage or the Fire Department garage of the City.
[Amended 7-15-2008 by Ord. No. 2008-40]
A. 
In case of an emergency, the head of any department may, with the approval in writing of the Purchasing Agent or Mayor, purchase directly any supplies or contractual services whose immediate procurement is essential to the health and safety of persons or property. The head of such department shall send to the Purchasing Division a completed form, which shall be provided by the Purchasing Agent for this purpose, which should include a detailed description of the purchase, a listing of three telephone quotes with vendors' names, and the reason for selection of the vendor to provide the product in question.
B. 
For purposes of this section, an emergency is a situation that requires immediate action or the placing of a purchase order as determined by the department head to ensure continued functioning of services or to protect life and/or property.
[Amended 1-3-2001 by Ord. No. 2001-1; 2-13-2002 by Ord. No. 2002-5; 7-15-2008 by Ord. No. 2008-40; 10-13-2015 by Ord. No. 2015-30]
The solicitation of bids shall be as provided in MGL c. 7C, §§ 44 through 57, MGL c. 30, § 39M, MGL c. 30B, and MGL c. 149.
Every notice inviting bids shall note the date, place and time, which shall be 11:00 a.m., for the opening of the bids.
[Amended 7-15-2008 by Ord. No. 2008-40]
All bids shall be date stamped by the Purchasing Division as follows:
A. 
The date and time shall be stamped on the outside of the sealed bid envelope upon delivery to the Purchasing Division.
B. 
Immediately following bid openings at 11:00 a.m., bid proposals shall be date stamped.
C. 
No bids shall be accepted by the Purchasing Division beyond the posted date and time.
D. 
All bids shall be opened in public.
Any person who has submitted a bid shall have, after opening of such bids, the right to inspect any and all bids submitted.
[Amended 7-15-2008 by Ord. No. 2008-40]
All bids should be returned on the Purchasing Division standard original form. Bidders should not retype bids on their forms because of the additional work it may require the Purchasing Division to perform, and the bid may be rejected. Bidders should use only the bid-return envelope supplied by the Purchasing Division.
[Amended 7-15-2008 by Ord. No. 2008-40]
Past performances of bidders will be considered in making awards and withdrawals of bids due to reckless bidding, cancellation of orders due to poor or unsatisfactory delivery, and substitutions not authorized by the Purchasing Division, and may be cause for not accepting future bids.
[Amended 7-15-2008 by Ord. No. 2008-40]
The Purchasing Division has the right to require that the successful bidder shall file a performance bond whenever it appears to be in the best interest of the City to do so. It will be required that the bond be filed within a specified number of days after the award is made or the contract shall be cancelled and the vendor shall be liable for any damages caused the City by his failure to file the bond. Where required, the successful bidder will sign a formal contract and furnish bond for not less than 25% of the total amount.
[Amended 3-28-2006 by Ord. No. 2006-7]
On subcontracting work associated with construction projects and for the purchase of supplies and materials for non-construction projects, the successful bidder is encouraged to grant preference to companies located in the City, provided all other considerations are equal.
The City reserves the right to reject any and all bids wholly or in part, to waive technicalities and informalities, to make awards in a manner deemed in the best interest of the City, and to correct any award erroneously made as a result of a clerical error on the part of the City.
[Amended 7-15-2008 by Ord. No. 2008-40]
A. 
To accomplish and encourage formal and competitive bidding, complete vendor lists by product and services shall be maintained in the Purchasing Division. Further, to encourage competitive bids, it shall be the responsibility of the Purchasing Agent to require good and definitive specifications.
B. 
Vendors wishing to be placed on the Purchasing Division bid list must make a request in writing to the Purchasing Agent listing items on which they wish to bid.
C. 
Awards will be made to the bidder whose bid meets the specifications and the requirements of the invitation for bids and who is the lowest responsible bidder and submits the best bid, considering price, and quality of the article to be supplied, satisfactory to the requirements of the City.
D. 
An award may be made to the lowest aggregate bidder for all items or on an item-by-item basis. If a split award is not acceptable, it must be so stated on the bid.
The following may be sufficient grounds for removal or suspension from the bidder's list:
A. 
Delivery of commodities or equipment which does not comply with the specifications of the vendor's contract with the City.
B. 
Failure to make delivery within the time specified on the contract or order.
C. 
Failure to provide a performance bond when required.
D. 
Any substitution of an article, even though of the same quality, without first securing the written consent of the Purchasing Agent.
E. 
Three consecutive failures to respond.
[Amended 1-3-2001 by Ord. No. 2001-1; 10-13-2015 by Ord. No. 2015-30]
No contract for construction work performed with labor pursuant to MGL c. 30, § 39M, whether for repairs or original construction, the estimated cost of which amounts to $10,000 or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless bids for the work or purchase shall have been invited by advertisements in at least one newspaper published in the City. Such publication shall be at least two weeks before the time specified for the opening of such proposals.
[Amended 1-3-2001 by Ord. No. 2001-1]
No contract for construction, reconstruction or repair of streets, the estimated cost of which amounts to $10,000 or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless the proposals for the work shall have contained the names of all streets to be included and a description of the work to be performed in each street. This section shall not apply to street patching and sidewalk repairs.
The City reserves the right to reject any and all proposals which are in violation of the conditions of the Commonwealth of Massachusetts State Standard Specifications for Highways and Bridges, which conditions state that:
A. 
No proposal shall be incomplete, conditional or obscure, or shall contain additions not called for, erasures, alterations or irregularities of any kind. This includes bids in which errors occur, or which contain abnormally high or abnormally low prices for any class or item of work.
B. 
Each bidder may submit only one bid. Reasonable proof for believing that any bidder is so interested in more than one proposal for the work contemplated will cause the rejection of all proposals made by him, either directly or indirectly.