[HISTORY: Adopted by the Mayor and Town Council of the Town of Edmonston 2-10-1997 by Ord. No. 96-002 (Ch. 40 of the 1997 Code). Amendments noted where applicable.]
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
As used in this chapter, the following terms shall have the meanings indicated:
PURCHASING AGENT
The Town Administrator or designee.
SERVICES
All services purchased by the Town, including without limitation construction, public improvement, information technology, cleaning, insurance, leases for all grounds, buildings, office or other space required by the Town, and the rental, repair or maintenance of equipment, machinery, vehicles and other Town-owned property. The term need not include professional and other contractual services which are in their nature unique and not subject to competitive bidding, including but not limited to accounting, architecture, auditing, engineering, law, planning and surveying.
SUPPLIES
Includes all supplies, materials, equipment, machinery, vehicles, goods or other personal property.
[Amended 10-11-1999 by Ord. No. 99-007; 10-10-2005 by Ord. No. 2005-O-05; 4-14-2021 by Ord. No. 2021-OR-01]
All purchases of and contracts for supplies and services, and all sales of personal property that is no longer required for a public purpose, except as specifically provided in this chapter, shall be based wherever possible on competitive bids.
A. 
The Mayor and Council shall be permitted to convey real or leasehold property belonging to the Town upon a determination that there is no longer a public use for the property and after 20 days' public notice of the proposed conveyance.
B. 
The Mayor and Town Council may, when it is deemed to be in the best interest of the Town and for the good government, health and improvement of the Town, waive the competitive bidding requirement for a specific purchase of supplies or service, or sale of Town personal property, provided that such decision shall be approved by the Council.
[Amended 2-6-2006 by Ord. No. 2006-O-003; 4-14-2021 by Ord. No. 2021-OR-01]
A. 
Notwithstanding other provisions of this section, competitive bidding is not required for supplies and services authorized in the budget ordinance for the current year that are maintenance and/or administrative costs of the Town of Edmonston, provided that the estimated total costs thereof shall not exceed $10,000 and are purchased using a requisition order.
B. 
Competitive bidding is not required for the purchase by the purchasing agent of supplies and services of not more than $5,000 in value that is authorized in the budget ordinance for the current year. Supplies and services of exceeding $5,000 but not more than $10,000 in value authorized in the budget ordinance for the current year may be purchased by the purchasing agent through negotiation upon the receipt of at least three solicited proposals, subject to the approval of the Mayor. The Mayor shall notify the Council within 48 hours of the decision to make the purchase, which shall be authorized by a requisition order or contract.
C. 
Competitive bidding is not required for sales of personal property that the Mayor and Council have determined are no longer required for a public purpose by the Town when the estimated value of the sale does not exceed $3,000.
D. 
Whenever a federal, state, county or local government, or any agency or unit thereof, whose purchasing policies are comparable to those of the Town has conducted a bid and awarded a contract, the Town Administrator may purchase the bid item at the bid price from the successful bidder, subject, where required, to the approval of the Mayor and Council.
E. 
All expenditures exceeding $10,000 shall be made by written contract and shall be approved by a majority vote of the Mayor and Town Council.
F. 
Supplies or services obtained from Prince George's County, or a utility or other company having exclusive franchises in the area, are excluded from the provisions of this chapter.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
The purchasing agent shall:
A. 
Verify that there are sufficient funds available for, and oversee and keep a record of, all purchases or contracts for all supplies and services for the Town and ensure that, prior to becoming effective, all purchases and/or contracts for purchases exceeding:
(1) 
$5,000 but not more than $10,000 in value are approved by the Mayor; and
(2) 
$10,000 are approved by the Mayor and Town Council.
B. 
Act to procure for the Town of Edmonston the highest quality in supplies and services at the least expense to the Town.
C. 
Carry out all competitive bidding procedures as set forth in §§ 144-5 and 144-6 of this chapter.
D. 
Authorize and approve expenditures for normal operating expenses on behalf of the Town of Edmonston for supplies and services for maintenance and/or administrative costs of the Town, provided that the estimated total costs thereof shall not exceed $10,000 and that the category of expenditure is listed in the adopted Town budget.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
A. 
All supplies and services exceeding $10,000, except as otherwise provided in this chapter, shall be purchased by formal written contract from the lowest responsive, responsible bidder, after due notice inviting proposals. All sales of personal property which is no longer required for a public use by the Town, when the estimated value exceeds $3,000, shall be sold by written contract to the highest responsive, responsible bidder, after due notice inviting proposals, and/or at auction.
B. 
In all purchases of supplies or services requiring competitive bidding, the purchasing agent shall:
(1) 
Provide notice on the Town's website and on eMaryland Marketplace for a minimum of two weeks prior to the date set for the opening of bids. Said notice shall include a brief description of the supplies and/or services to be bid, the time and location where specifications may be obtained for the supplies or services to be bid, the time and date on which sealed bids are to be received and the location to which bids are to be returned and any special conditions to which the item or items may be subject. The notice shall contain the time, date and location of the bid opening. The bids shall be publicly opened and read. The notice shall also contain the name and contact information of the purchasing agent.
(2) 
Provide written specifications to all parties responding to the notice of the bid or at time of notice. Said specifications shall contain sufficient information to reasonably describe the item or items, services, materials, equipment, etc., being sought for purchase. The use of exclusive specifications to the prohibition of equal items, etc., is prohibited. The specifications shall also contain any bond and/or other special conditions attached or made a part of the bid requirements. Bid forms may be provided.
C. 
Competitive bidding for sales of personal property that is no longer required for a public purpose with a value that exceeds $3,000 shall be made after notice inviting bids is published once a week for a minimum of two weeks in at least one official newspaper of general circulation in Prince George's County, or by auction.
D. 
The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a bidders' list, which the purchasing agent shall maintain, by sending them a copy of such notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
E. 
Unsuccessful bidders shall be entitled to return of surety. A successful bidder shall forfeit any surety upon failure to enter a contract with the Town within 15 days after the award.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
A. 
Bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened and read in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection.
B. 
The purchasing agent, with the approval of the Mayor and Town Council, shall have the authority to reject all bids, parts of all bids or all bids for any one or more supplies or services included in the proposed contract when the public interest will be served thereby. The purchasing agent shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other moneys due the Town or is otherwise not in good standing with the Town.
A. 
The Mayor and Town Council shall have the authority to award contracts within the purview of this section.
B. 
Contracts shall be awarded to the lowest responsive, responsible bidder. In determining the lowest responsive, responsible bidder, in addition to price, the Town shall consider:
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
(1) 
The ability, capacity and skill of the bidder to perform the contract or provide the supplies or service required.
(2) 
Whether the bidder can perform the contract or provide the supplies or 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 for supplies or services.
(5) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract for supplies or service.
(6) 
The sufficiency of the financial resources and ability of the bidder to perform the contract for providing the supplies or services.
(7) 
The quality, availability and adaptability of the supplies or services.
(8) 
The ability of the bidder to provide future maintenance and warranty services.
(9) 
The number and scope of conditions attached to the bid.
C. 
When the award is not given to the lowest responsive, responsible bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent and filed with the other papers relating to the transaction.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, which explained the procedure to be followed in the event of tie bids, was repealed 4-14-2021 by Ord. No. 2021-OR-01.
E. 
The Mayor and Town Council shall have the authority to require a performance bond and labor and materials bond before entering a contract in such amount as they shall find reasonably necessary to protect the best interests of the Town.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
F. 
No contract or purchase shall be subdivided to avoid the requirements of this chapter.
[Amended 4-14-2021 by Ord. No. 2021-OR-01]
It shall be unlawful for the Mayor and Town Council and any Town purchasing agent or other person authorized to make purchasing recommendations to fail or refuse to award a contract to any individual, company or corporation, based on such individual's, company's or corporation's composition with respect to race, color, religion, sex, age, national origin, marital status or physical handicap unrelated in nature and extent so as to reasonably preclude the performance of the contract. It shall also be unlawful to limit, segregate or classify bids or bidders in any way which would deprive any bidder of contract opportunities because of race, color, religion, sex, age, national origin, marital status or physical handicap unrelated in nature and extent so as to reasonably preclude the performance of the contract.
A. 
A participant in the bid process who wishes to contest an award may file a written protest with the Mayor and Town Council on or before seven days from the date of notification of award by submitting a statement identifying the bid proposal in question and stating the reasons for the protest as well as any other pertinent information.
B. 
Upon receipt of such protest, the Mayor and Town Council shall schedule a hearing as soon as possible for the purpose of reviewing the protest.
C. 
The award of the bid in question shall not be finalized until after such hearing and subsequent decision of the Mayor and Town Council.
D. 
At the time of the hearing, the protestant shall present his case and shall answer any questions directed to him/her with regard to the protested bid.
E. 
The Mayor and Town Council shall review the record and shall issue a decision on the protest in a timely manner and shall inform the protestant, in writing, of the decision.
F. 
If the Mayor and Town Council determines that the bid was not awarded in proper fashion, the Mayor and Town Council shall take such action as it shall deem necessary for the good government, health and improvement of the Town in a subsequent award of the bid.
G. 
Any decision rendered by the Mayor and Town Council shall be made public in the same manner as the original award and in conformance with this chapter.