[Amended 4-14-2021 by Ord. No. 2021-OR-01]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
[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.