A.
Purpose.
(1)
Interpretation. This chapter shall be constituted and applied to
promote its underlying purpose and policies.
(2)
Purpose and policies. The underlying purpose and policies of this
chapter are to manage the procurement process in accordance with the
law; to maximize the purchasing value of public funds in procurement
and to provide safeguards for maintaining a procurement system of
quality and integrity; and to best meet the needs of City of Augusta
departments through continuous improvement of purchasing systems and
procedures.
B.
Applicability. The City of Augusta Purchasing Ordinance applies to
contracts for procurement of goods, supplies, services, and construction
entered into by the City after the effective date of this chapter.
It shall apply to every expenditure of public funds by a City agency
for public purchasing irrespective of its source, except as otherwise
provided by the federal or state law, federal or state regulation,
City of Augusta ordinance, or administrative policy. When the procurement
involves the expenditure of state or federal assistance or contract
funds, the procurement shall be conducted in accordance with any applicable
mandatory state and/or federal law. Nothing in this chapter shall
prevent any City agency from complying with the terms and conditions
of any grant, gift, bequest, or cooperative purchasing agreement that
is otherwise consistent with law. The City may adopt administrative
procedures to ensure compliance with all bidding requirements, and
those procedures may be more restrictive than required by statute.
C.
Requirement of good faith. This chapter requires all parties involved
in the procurement, negotiation, performance, or administration of
City contracts to act in good faith.
A.
Singular-plural and gender rules.
B.
ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES
BID SECURITY
BRAND NAME OR EQUAL SPECIFICATION
BRAND NAME SPECIFICATION
BUSINESS
CHANGE ORDER
CITY AGENCY
COMMITTEE
CONFIDENTIAL INFORMATION
CONSTRUCTION
CONSTRUCTION MANAGEMENT AT RISK
CONTRACT
CONTRACT RENEWAL
CONTRACTOR
DESIGN/BUILD SERVICES
EMERGENCY PROCUREMENT
EMPLOYEE
FISCAL OFFICER
GOODS
INVITATION TO BID
LOCAL VENDOR
MULTIYEAR CONTRACTS
PERSON
PROCUREMENT
PROFESSIONAL SERVICES
PUBLIC PROCUREMENT UNIT
PURCHASE ORDER
PURCHASE REQUISITION
PURCHASING CARD
REQUEST FOR PROPOSALS
RESPONSIBLE BIDDER OR OFFEROR
RESPONSIVE BIDDER
SERVICES
SPECIFICATION
STRING PURCHASING
SUPPLIES
UNAUTHORIZED PURCHASES
USED EQUIPMENT
(1)
(2)
(3)
USING DEPARTMENT or USING AGENCY
Definitions. The words defined in this section shall have the meanings
set forth below whenever they appear in this chapter:
Those professional services within the practice of architecture,
professional engineering, structural engineering or land surveying,
as defined by the State of Maine Professional Services Selection Act.
A guarantee that the bidder will enter into a contract if
it is offered within the specified period of time; failure to do so
will result in forfeiture of bid security. Companies providing bid
security bonds must be registered on the federal registry to do business
in the State of Maine and must have an A1-A rating.
A specification limited to one or more items by manufacturers'
names or catalog numbers to describe the standard of quality, performance
and other salient characteristics needed to meet City requirements,
and which provides for the submission of equivalent products.
A specification limited to one or more items by manufacturers'
names or catalog numbers.
Any corporation, partnership, individual, sole proprietorship,
joint venture, or any other private legal entity.
A purchaser's written authorization to the contractor to
modify or change an existing purchase order or contract; these changes
generally must be within the scope of the contract.
A City officer, employee, department, bureau, office of,
or agency whose purchasing authority is subject to this chapter.
A standing or ad-hoc committee established by the City of
Augusta City Council with specific using agency jurisdiction and responsibilities.
Any information which is available to an employee only because
of the employee's status as an employee of the City and which is not
a matter of public knowledge or available to the public on request.
The process of building, altering, repairing, improving,
or demolishing any structure or building or other improvements of
any kind to any real property.
The contractor provides services to the owner, including
design services, scheduling, cost control, value engineering and construction
coordination. After providing preconstruction services, the contractor
takes on the financial obligation to complete the project under a
specified cost agreement.
[Added 10-16-2014 by Ord.
No. 14-177]
All types of City agreements, regardless of what they may
be called, for the procurement of goods, services or construction;
for example, payment vouchers, purchase orders, maintenance contracts,
service contracts, systems contracts, oral agreements, etc.
A continuation for an additional period under the original
terms and conditions, where the renewal clause is included in the
bid document. If the bid document does not include the terms and conditions
of a renewal, any continuation of the contract is considered a new
contract, which must be rebid.
Any person or entity who or which is a party or beneficiary
of a contract with the City or through a using agency thereof.
A combination of professional and general services as defined
under this chapter, to be performed by one contractor under competitive
proposal process with the approval of the Purchasing Officer.
An emergency situation shall be defined as an imminent disruption of essential operations or conditions adversely affecting the safety, health or security of persons or property, where it is unfeasible to remedy such disruption or conditions through the use of normal competitive bidding procedures. An emergency situation does not include states of emergency or disaster declared under Chapter 35, Emergency Management, of the City Code.
Individuals, including elected and appointed officials, providing
services for the City and drawing a salary from the City.
The City Finance Director or School Business Manager.
All tangible maintenance, repairs, and operation supplies,
physical computer software and equipment necessary to sustain day-to-day
City operations.
All documents, whether attached or incorporated by reference,
utilized for soliciting sealed bids.
A vendor whose principal place of business is located in
the City.
Procurement contracts extending more than one year.
Any individual or group of individuals, business, union,
firm, corporation, trustee, partnership association, joint venture,
committee, or other entity.
The buying, purchasing, renting, leasing, or otherwise acquiring
of any goods, services, or construction; includes all functions that
pertain to the obtaining of any goods or services, or construction,
including descriptions of requirements, selection and solicitation
of sources, preparation, and award of contracts, and all phases of
contract administration.
The service of a person(s) possessing a high degree of professional skill where the judgment, artistic or subjective talent, ability, experiences, qualifications and fitness of the provider(s) plays an important part in the selection and primary reason for the service provided, and as further defined in § 83-16 of this chapter.
The State of Maine, any county, city, town and any other
subdivision of the state, or public agency of any such subdivision,
public authority, education, health or other institution, any agency
of the United States and, to the extent provided by law, any other
entity which expends public funds for the procurement of goods, services,
and construction.
A contract for the purchase of goods, services, or construction.
An internal document by which a department sends, to the
Finance Director, details of goods, materials or services to meet
its needs for a specific job.
A payment method whereby requisitioners are empowered to
deal directly with suppliers for low-dollar, high-frequency type purchases
by using a card issued by a bank or major credit card provider. The
cards reduce paperwork and enable purchasing and accounts payable
personnel to focus on more value-added activities.
All documents, whether attached or incorporated by reference,
utilized for soliciting proposals.
A person (firm) who has the capability in all respects to
perform fully the contract requirements, and the experience, personnel,
integrity, reliability, facilities capacity, equipment, acceptable
past performance and credit which will assure good faith performance.
A person who has submitted a bid which conforms in all material
respects to the requirements set forth in the invitation to bid.
The furnishing of labor, time, or effort by a contractor,
not involving the delivery of a specific end product other than reports
which are merely incidental to the required performance. This definition
shall not apply to employment agreements, collective bargaining agreements
or to the definition of "professional services" as provided in this
section and items paid by direct payment forms, payment vouchers and
grant payment forms.
Any description of the physical or functional characteristics
or the nature of a supply, service, or construction item. It may include
a description of any requirement for inspecting, testing or preparing
a supply, service or construction item for delivery.
For purposes of this chapter, splitting or stringing purchases
is the practice of issuing multiple purchase orders, procurement card
transactions, or requisitions for purchasing like items or services,
with the willful intent to circumvent the purchasing policy. Splitting
or stringing purchases will be dealt with as an impropriety and may
result in withdrawal of delegated purchase authority. In addition,
the person(s) responsible may be subject to disciplinary action.
All consumables or property, including but not limited to
equipment, materials, printing and leases for real property, excluding
land or a permanent interest in land.
An unauthorized purchase occurs when a person who has not
been given such authority charges the materials, services, or any
expense to the City of Augusta. This includes ordering materials without
an approved purchase order. The individual making an unauthorized
purchase may incur a personal obligation to the vendor or the City
for the expense incurred even though the materials or services are
used for City business. Except as herein provided, it shall be unlawful
for any City officer or officers to order to purchase any supplies,
services and construction within the purview of this chapter other
than through the Purchasing Officer, and any purchase ordered or contract
made contrary to the provisions hereof shall not be approved by the
City officials, and the City of Augusta shall not be bound thereby.
Equipment that:
Has been in service for at least 1/2 its commercially reasonable
life, or if its life is less than 24 months, is at least one year
old; or
Is a floor or demonstration model that is offered at a price
at least 25% below current market price; or
Is otherwise determined by the Audit Bureau on a case-by-case
basis to be a bona fide used item.
Any City agency requiring goods, services or construction
procured pursuant to this chapter.
