[Adopted 10-5-2015 as
Ch. 56 of the 2015 Code]
The Mayor shall appoint a purchasing agent. The individual shall
perform all duties required by law and shall have the powers and duties
prescribed by this article.
A.
The purchasing agent is authorized to contract for all supplies and
contractual services needed by any Town department which derives its
support wholly or in part from the Town in accordance with purchasing
procedures as prescribed by this article, and such other rules and
regulations which are from time to time prescribed by the Mayor and
Commissioners.[1]
B.
In addition to any powers and duties prescribed by this article,
the purchasing agent shall:
(1)
Act to procure for the Town the highest quality in supplies and contractual
services at the lowest expense to the Town.
(2)
Endeavor to obtain as full and open a competition as possible on
all purchases and sales.
(3)
Establish and amend, when necessary, all rules and regulations authorized
by this article and any others necessary to its operation.
(4)
Keep informed of current developments in the field of purchasing,
prices, market conditions, and new products and secure for the Town
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition, and by private businesses and organizations.
(5)
Prescribe and maintain such forms as he shall find reasonably necessary
to the operation of this article.
(6)
Exploit the possibilities of buying in bulk so as to take full advantage
of discounts.
(7)
Act so as to procure for the Town all federal and state exemptions
to which it is entitled.
(8)
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the Town for a stated period of time.
(9)
Establish guidelines for each contract for purchase provisions for
the procurement of items locally.
A.
Any purchase of supplies or contractual services, when the estimated
or known cost thereof exceed $10,000 in a given fiscal year, shall
be authorized by the Mayor and Commissioners and such purchases shall
be made after the taking of competitive bids, unless the taking of
bids is not required as otherwise provided herein.
B.
Public notice of all required bidding shall be given in one issue
of a newspaper having general circulation within the Town and such
other newspapers or trade publications as may be considered appropriate
for notifying a sufficient number of vendors to assure effective competition.
Such public notice shall be published not less than 20 days prior
to the opening of bids. Copies of the notice may be mailed to a list
of qualified vendors prepared by the purchasing agent, which list
shall include all responsible prospective suppliers who have requested
their names to be placed on the list of bidders. Special attention
shall be given to notifying vendors having offices or residing within
the Town or which have qualified with the federal government, state
or county as a minority-owned business enterprise. The notice required
herein shall include a general description of the articles to be purchased
or sold and shall state where bid specifications may be secured and
the time and place for opening bids.
C.
The closing date and time for receiving bids shall be during normal
business hours of the Town or at the time of a meeting of the Mayor
and Commissioners. Bids shall be identified as bids on the envelope.
Bids shall be publicly opened by the purchasing agent or the agent's
designee in a room suitable for accommodating persons who may wish
to be present immediately following the closing of the time for the
receiving of bids and shall be publicly read.
D.
The purchasing agent shall not accept the bid of a contractor who
is in default in the payment of taxes, licenses or other moneys due
to the Town.
E.
The purchasing agent or the Mayor and Commissioners shall have the
right to reject all bids, parts of all bids, or all bids for any one
or more supplies or contractual services included in the proposed
contract, when such actions would be in the best interests of the
Town.
F.
For purchases or contract for which the taking of competitive bids
is required, the purchasing agent shall furnish the Mayor and Commissioners
as soon as practical a tabulation of all bids, the purchasing agent's
recommendation as to award of the bid and such other information as
the Mayor and Commissioners may need or shall require. The Mayor and
Commissioners shall award the purchase and authorize the purchasing
agent to enter into a contract with that bidder offering the best
bid.
G.
In determining the best bid, the purchasing agent and the Mayor and
Commissioners shall give consideration to the following:
(1)
The ability, capacity and skill of the bidder to perform the contract
or provide the service required.
(2)
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
(3)
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
(4)
The quality of performance of previous contract or services.
(5)
The previous and existing compliance by the bidder with the laws
and ordinances relating to the contract or service.
(6)
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the supplies or contractual
services to the particular use required.
(8)
The ability of the bidder to provide future maintenance and service
of the items to be purchased, if required, and the convenience to
the Town of the location at which such maintenance or service will
be performed.
(9)
The number or scope of conditions attached to the bid.
(10)
The estimated life cycle costs of the items to be purchased when
it is possible to reasonably estimate such costs.
(11)
The cost of delivery of supplies or services to be purchased or,
if the Town must obtain delivery of supplies or receive services at
a place other than the premises of the Town, the convenience of the
location at which delivery or receipt is to be made.
(12)
Whether or not the bidder is a person or business located within
the corporate limits of the Town of Westernport or a minority-owned
business enterprise that has submitted a bid which has been adjudged
to be equal in all other respects to the bids received from bidders
which are neither minority owned nor located within the corporate
limits of the Town.
(13)
Such other information which, in the judgment of the Mayor and Commissioners,
may have bearing upon the determination as to which bidder has offered
the best bid.
H.
When the purchasing agent recommends award to other than the lowest
bidder, he shall have caused to be prepared for the Mayor and Commissioners
a full and complete statement of the reasons for placing the order
elsewhere.
Subject to the approval of the purchase by the Mayor and Commissioners,
the requirement for the taking of competitive bids shall not be required:
A.
If the Mayor and Commissioners, by resolution, waive the requirement
for the taking of competitive bids and authorize a negotiated purchase
or contract upon their determination that it is in the best interest
of the Town or that an emergency exists.
C.
If a competitive bid procedure is not feasible because the purchase
is made from the central stores or services of Allegany County, the
State of Maryland or another governmental agency.
D.
If a competitive bid procedure is not feasible because the purchase
is for the employment of a professional engineer, architect, attorney,
or medical practitioner, insurance, emergency repairs to vehicles,
or any other professional service.[1]
E.
If the purchase is to be made from a supplier to another governmental
agency at such prices as are offered to that governmental agency if
the prices for such items have been obtained as the result of a competitive
bid procedure, or if the purchase is to be made based upon competitive
bids solicited and received by another governmental agency under a
cooperative joint purchasing arrangement in which the Town is a participant.
The Mayor and Commissioners are to be provided with information concerning
the specifications of the items or services to be purchased and the
bidding procedure that was followed. Upon the approval of the purchase
by the Mayor and Commissioners, the procedures for the taking of bids
followed by the other governmental agency shall be considered to meet
all Town requirements for the taking of bids.
F.
For the acquisition of critical services or equipment resulting from
an emergency, including but not limited to fire, flood, earthquake,
or storm.
A.
All purchases of supplies and contractual services and all sales
of personal property which has become obsolete and unusable, the estimated
or known value of which is such that the approval of the Mayor and
Commissioners is not required, may be made in the open market upon
the authorization of the purchasing agent, without newspaper advertisement.
All open market purchases shall, whenever possible, be made from the
supplier offering the best quotation, and opportunity shall be given
to all suppliers to furnish the Town with product or service and price
information and to be considered in the making of purchases.
B.
Purchase order forms and verification of funds for purchases over
$500. All purchases estimated to be in excess of $500 shall be approved
by the purchasing agent on a written purchase order form. Prior to
making any such purchase, the purchasing agent shall obtain from the
Finance Director a verification of the availability of appropriated
funds for the purchase and that funds have been encumbered for the
amount of the estimated purchase.
