[HISTORY: Adopted by the Village Council of the Village of
Vicksburg 10-8-1985 by Ord. No.
147 (Ch. 2, Art. IV, Div. 3, of the 1995 Village
Code). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any and all articles or things which shall be furnished to
or used by an officer or department of the Village for a Village purpose.
Any and all services of any type, other than professional
services such as payroll, legal, medical, engineering, insurance,
auditing, management, and architectural, whether or not including
the furnishing of materials or supplies as a part or incident thereof,
for which a consideration in money is paid by the Village.
No materials, supplies, or services shall be purchased for use
by an officer or department of the Village except through or under
the direction of the purchasing agent for the Village. The Village
Manager shall act as purchasing agent for the Village.
All officers and department heads shall, annually when the budget
is being prepared, file with the purchasing agent detailed estimates
of their requirements in materials, supplies, and services, in order
that provision may be made in the annual Village budget. The purchasing
agent may arrange for the purchase of such materials, supplies, and
services as may be purchased in quantity to the best advantage of
the Village.
All materials, supplies and services shall be specified upon
a written requisition by the officer or department head requiring
the same. Requisitions shall be supplied, insofar as possible, out
of materials on hand or in the general stores of the Village. If not available, purchases shall be made after
bids are received, when required by the Village Charter or Village
ordinance or a direction of Council. When the securing of bids is
not required, purchases shall be made in the open market to the best
advantage of the Village.
In case of an actual emergency, an officer or department head
may make direct purchases of materials, supplies or services, where
the immediate procurement is essential to the conduct of his or her
office or department and the delay of established purchasing procedure
would vitally affect the public services of the Village or the health,
safety or welfare of the public, provided that a requisition is filed
with the purchasing agent and approved by the Village Manager as to
the existence of the emergency, as provided in this article, before
payment may be authorized by the Council.
No purchase of materials, supplies or services shall be made
by the Village unless a sufficient unencumbered appropriation is available
for the payment or for the payment of such amount of the purchase
price as is required to be paid during the current fiscal year of
the Village, if the payment is to be made in installments.
[Amended 6-1-2015 by Ord.
No. 271]
A.
Purchases less than $3,500. Purchases of less than $3,500 may be
made without the necessity of securing bids or the approval of the
Council, but must be approved before payment, except as otherwise
provided in this article.
B.
Purchases from $3,500 to $5,000. No purchase shall be made in an
amount exceeding $3,500 but less than $5,000 unless an opportunity
is afforded for competitive bids. Such bids may follow an informal
procedure determined by the Village Manager. The Village Manager,
as purchasing agent, may authorize change orders in any one construction
contract approved by the Council in an amount not to exceed $3,500,
without the necessity of securing bids or further approval of the
Council. In cases where competitive bidding is required under this
subsection, it need not be by written bids nor must the approval of
the Council be had. In cases where competitive bidding is not made
by written bids, the Village Manager or his or her designee shall
keep a complete record of all the bids or quotations re-requested
or made.
C.
Purchases over $5,000. Except as otherwise provided in this chapter,
when the amount involved exceeds $5,000, sealed bids shall be requested
and received, except when such procedure is deemed unnecessary and
burdensome and not in the best interest of the Village by the Village
Council. All sealed bids shall be opened by the Village Manager in
public in a room designated for that purpose in a public building.
The Council need not be present at the opening of such bids. All documents
inviting bids and requesting proposals shall provide that the Village
reserves the right to reject any or all bids and to waive or not waive
informalities or irregularities in the bids or proposals, and that
the Village reserves the right to accept such bid or proposal as it
determines to be in the best interest of the Village, regardless of
whether such bid or proposal is the lowest.
D.
Petty cash purchases. With the approval of the Council, the Village
Manager may allow for purchases from petty cash by officers and departments
of the Village designated by the Council. A purchase from petty cash
shall not exceed $50 and shall be accounted for to, and approved by,
the Village Manager before the officer or department making such purchase
may make any further purchase from the petty cash account allowed
to such officer or department.
When making purchases, the Village Manager and department heads
shall make a concerted effort to purchase locally. When seeking prices
on items, local vendors should be contacted whenever possible. This
effort to purchase locally must also consider criteria, such as the
price and the quality of the item or service as well as the time and
labor costs that may be associated with out-of-town purchases, and
time of delivery or urgency.
The Village Manager shall formulate and provide all forms which
are required to facilitate purchasing by the Village, its officers
and departments under this article. He or she shall also prepare such
rules as may be required to supplement this article for the conduct
of purchasing of materials, supplies, and services by the Village.
A.
The Village Manager or Village Council has the authority 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 or bid,
and to accept or recommend the acceptance of other than the lowest
bid when the public interest is served and such action is in the best
interest of the Village.
B.
The Village shall not accept the bid of a contractor who is in default
to the Village.
[Amended 6-1-2015 by Ord.
No. 271]
A.
Authority. The Village Council shall award all contracts when the
cost of the purchase or service covered by such contract exceeds $5,000,
after receiving the recommendation of the Village Manager.
B.
Lowest responsible bidder. Contracts, except as otherwise provided
in this article, shall be awarded to the lowest responsible bidder.
In determining the lowest responsible bidder, the Village Council
or Village Manager shall consider, in addition to price:
(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 contracts or services;
(5)
The previous and existing compliance by the bidder with laws or ordinances
relating to any contract or services;
(6)
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the services;
(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
for the use of the subject of the contract; and
(9)
The number and scope of conditions attached to the bid.
C.
Award to other than low bidder. When the award is not given to the
lowest bidder, a full and complete statement of the reasons for placing
the order elsewhere shall be prepared by the Village Manager and filed
with the other papers relating to the transaction.
D.
Tie bids. If two or more low bids are received for the same total
amount or unit price, and the quality and service are equal, the contract
shall be awarded to one of the tie bidders by drawing lots in public,
unless one of the bidders is a taxpayer or resident of the Village,
in which case such taxpayer or resident shall be awarded the contract.
If the Village Council rejects all bids, the Council shall order
a second submission of bids to be made or may, by the vote of five
or more of its members, waive the requirement of a second submission
of bids. If the Council rejects all bids submitted at the second submission
of bids or waives the second submission of bids, the Council may direct
the Village Manager to negotiate for the purchase of the materials,
supplies or services concerned in the open market to the best advantage
of the Village. In no event shall the cost of any such purchase of
materials so purchased in the open market exceed the amount set forth
in the lowest and best bid submitted at the last submission of competitive
bids.
