All Town departments, offices, boards, agencies and commissions
shall procure all goods and services needed in accordance with purchasing
procedures, as prescribed by this chapter, and such rules and regulations
as the purchasing agent shall adopt for the internal management and
operation as shall be approved by the Town Council, and such other
rules and regulations as shall be prescribed by the Town Council.
Except as provided in this chapter, no Town employee shall order
the purchase of supplies or make any contract within the purview of
this chapter, other than through prescribed procedures.
In addition to the purchasing authority conferred above and
in addition to other powers and duties conferred by this chapter,
each department head and purchasing agent shall:
A. Minimum expenditure: act to procure for the Town the highest quality
in goods and contractual services at the least expense to the Town.
B. Encourage competition: discourage uniform bidding and endeavor to
obtain as full and open competition as possible on all purchases and
sales.
C. Bulk purchases: explore the possibilities of buying in bulk with
other departments so as to take full advantage of discounts.
In addition to the purchasing authority conferred above and
in addition to other powers and duties conferred by this chapter,
the purchasing agent shall prescribe and maintain such forms as s/he
shall find reasonable and necessary to the implementation of this
chapter.
No purchases or contracts for services or goods of any kind
or description, payment for which is to be made from funds of the
Town, shall be made by the purchasing agent or any department head,
officer, employee or agent of the Town except as follows:
A. Whenever any contemplated purchase or contract for goods or services
is for the sum of less than $1,000 inclusive, department heads shall
submit to the Town purchasing agent a written requisition. The Town
purchasing agent may order the items as needed, provided the Town
Treasurer certifies that there is sufficient unencumbered appropriation
balance to the credit of such office, department or agency to pay
for the requisition.
B. Whenever any contemplated purchase or contract for goods or services
is for amounts between $1,000 and $5,000 and up to $10,000 for a single
construction project, the department head shall submit to the Town
purchasing agent a written requisition. The Town purchasing agent
shall solicit at least three telephone bids, written record of which
shall be filed with each purchase order. The Town purchasing agent
may order the items, provided the Town Treasurer certifies that there
is sufficient unencumbered appropriation balance to the credit of
such office, department or agency to pay for the requisition.
C. All purchases for a single item or order in an amount exceeding $5,000,
or for a single construction project to cost an amount exceeding $10,000,
shall be made or the contact let through the sealed bid process or
one of the alternative procedures provided in Title 45, Chapter 55
et seq. of the Rhode Island General Laws.
The Town purchasing agent and all parties contracting with the
Town shall follow the procedure set forth in this section in relation
to all bids required above.
A. All notices and solicitations of bids shall state the time and place
of opening.
B. All bids shall be submitted sealed to the Town official, department
head, or purchasing agent designated in the bid packet and shall be
identified as bids on the envelope.
C. All bids shall be opened in public at a time and place stated in
the public notices.
D. The Town Council shall have the authority to reject any and all bids
and parts of all bids and readvertise or resolicit bids whenever it
is deemed to be in the best interest of the Town.
E. The Town Council shall not award any bid unless the purchasing agent
shall have first certified that all bidding procedures have been followed
as prescribed herein.
It is the responsibility of the Town purchasing agent to review
and investigate all bids received and to recommend an award to the
lowest, qualified, responsible bidder for the entire purchase or contract
or for any part thereof. In determining the lowest, qualified, responsible
bidder, the department head shall consider:
A. The ability, capacity and skill of the bidder to perform the contract
or provide the services required.
B. Whether the bidder can perform the contract to provide the services
promptly or within required time periods without delay or interference.
C. The quality of performance of previous contracts or services.
D. The previous and existing compliance by the bidder with laws and
ordinances of the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A contract may be awarded for a supply, service, or construction
item without competition when, under published regulations, the purchasing
agent determines, in writing, that there is only one source for the
required supply, service or construction item.
An emergency appropriation may be made when it is determined
that there exists a threat to the public health, welfare or safety,
upon the concurrence of three members of the Town Council, who may
be polled by phone or electronic communication. As soon thereafter
as practicable, said emergency appropriation shall be confirmed and
ratified in accordance with the pertinent provisions of the Town Charter.