[HISTORY: Adopted by the Mayor and Council of Pocomoke City 1-4-2016 by Ord. No. 424. Amendments noted where applicable.]
The purpose of this chapter is to provide the taxpayers of Pocomoke
City with an economical and efficient method of public purchasing.
The chapter will promote maximum competition without compromising
quality; provide fairness in selection of vendors; assure quality
goods and services at the best price; and provide clear, accurate
and uniform information on goods, services or construction to be purchased.
This will be accomplished by implementing standardized regulations
and procedures under a uniform purchasing system.
As used in this chapter, the following terms shall be defined
as follows:
A written change to an invitation for bid.
A dollar amount to be added to or subtracted from the base
bid price. The Director of Purchasing may request alternate bid prices
in order to compare various options that may be in the City's
best interest.
Any federal, state, or local law, ordinance, statute, regulation,
rule or procedure, as any of the same may be applicable to a specific
subject, matter, or item, in the order of priority relevant or applicable
to such matter, as the same shall from time to time be in force or
effect.
A determination, after review, that a certain vendor will
be given the contract.
A price submitted by a bidder for a product, service, or
construction.
A money guaranty, executed by a surety company authorized
to do business in this state, or the equivalent in cash, cashier's
check, letter of credit, certified funds, or other security satisfactory
to the Director of Purchasing, in such amount as he/she shall deem
adequate for the protection of the City, submitted by a bidder, payable
to, or issued to the benefit of, Pocomoke City, to guaranty that the
bidder shall contract to fulfill the terms of his bid.
A packet of material or information provided to prospective
bidders through an invitation to bid, request for proposal, or other
means, containing the material terms and specifications.
Any person who submits a quote, proposal or bid.
An open purchase order, effective for a stated period of
time and not to exceed stated dollar limits, to which miscellaneous
individual similar purchases can be charged.
Pocomoke City, Maryland.
The City Council of Pocomoke City.
The City Manager of Pocomoke City, appointed by the City
Council of Pocomoke City in accordance with Title V of the Charter
of Pocomoke City.
A bid submitted by a bidder on which the bidder has made
certain conditions for acceptance that are contrary to the conditions
of the IFB or that were not requested in the IFB.
A written agreement covering the purchasing or furnishing
of a product, a service, or construction.
Any person who has a contract with the City.
Any functional division, agency, or department of the City.
The employee who is in charge of a department.
The individual designated pursuant to this chapter as being
generally responsible for the day-to-day purchasing and procurement
functions of the City. Unless and until an individual is appointed
by the City Manager to such capacity, the City Manage shall serve
as the Director of Purchasing.
A sudden and unexpected occurrence or condition which the
City Council or a department head reasonably could not foresee, posing
an actual and immediate threat to the continuance of an essential
normal operation of a department or the need to cope with a public
exigent condition.
Events or conditions, including, but not limited to, government
restriction, strike, flood, fire, or unforeseen catastrophe, beyond
a person's control.
A sealed bid for goods, services, or construction exceeding
$25,000.
The terms and conditions, in addition to applicable law,
set by the Director of Purchasing as approved by the City Attorney,
applicable to all purchases and contracts on behalf of the City.
An invitation for bids or a request for proposals. In certain
contexts, the terms may be used interchangeably.
A document or collection of documents or materials constituting
a solicitation or request for proposals or bids. In certain contexts,
the terms may be used interchangeably.
Eastern standard time or Eastern daylight saving time, as
the case may be.
The responsible and responsive bidder who has submitted the
lowest price.
Materials, equipment, tools, supplies, or any other items
of personal property, excluding real property and electric, gas, water,
telephone, or similar utilities.
An irregularity in a bid or proposal that is merely a matter
of form and not of substance or pertains to some immaterial or inconsequential
defect or variation of a bid or proposal from the exact requirement
of the solicitation, the correction or waiver of which would not be
prejudicial to the other bidders or to the purchasing or using department.
A money guaranty submitted by a successful bidder and made
payable to, or issued to the benefit of, the City, executed by a surety
company authorized to do business in this state, or the equivalent
in cash, cashier's check, letter of credit, certified funds,
or other security satisfactory to the Director of Purchasing and the
City Attorney, for the protection of all persons supplying labor and
materials, including lessors of equipment to the extent of the fair
rental value thereof, to the contractor or his subcontractor in the
prosecution of the work provided for in the contract for the use of
each such person. Any contractor, prior to receiving a progress or
final payment under a contract covered hereunder, shall certify, in
writing, that he has made payment from proceeds of prior payments
and that he will make timely payments from the proceeds of the progress
or final payment then due him to his subcontractors and suppliers
in accordance with his contractual arrangements with them.
A money guaranty, executed by a surety company authorized
to do business in this state, or the equivalent in cash, cashier's
check, letter of credit, certified funds, or other security satisfactory
to the Director of Purchasing and the City Attorney, in such amount
as deemed adequate for the protection of the City, submitted by the
successful bidder and made payable to or issued to the benefit of
Pocomoke City, which guaranties that the successful bidder will execute
the terms of the contract with the City.
An individual, corporation, partnership of any kind, limited
liability company of any kind, trust, unincorporated association,
unincorporated business, or any other form of business or entity of
any kind, whether or not recognized under the laws of the State of
Maryland.
The government of Pocomoke City and all departments under
its authority.
Services which generally require specialized education, training,
or knowledge and involve intellectual skills, including, but not limited
to, engineering, environmental engineering, environmental monitoring,
geology, architecture, archaeology, architectural historians, historians,
educational consulting, management, medicine, teaching, finance, accounting,
auditing, and construction management.
The written submission of a firm price other than by sealed
bid.
Any individual designated a purchasing agent pursuant to
this chapter.
A credit card, debit card, or other similar authority enabling
a purchasing agent, department head, or other authorized individual
to purchase materials, supplies, or services on and for the City's
account, as provided for in this chapter.
The submission of a price, which submission may be oral or
written as provided for herein.
Meeting or appearing to meet all required qualifications
of an IFB or RFP, and being or appearing to be capable of carrying
out the terms of the contract.
Having submitted all specifications, documents, information
and other material required pursuant to an IFB or RFP.
The confidential submission of a price that will be opened
and read aloud at an announced date and time, at which bidders and
the general public may attend.
Responsive bids from responsible bidders that are identical
in price, terms and conditions and which meet all the requirements
and evaluation criteria set forth in an IFB or RFP.
A supplier of goods, services or construction.
A.
Authority. Pursuant to the laws of the State of Maryland and pertinent
public local law, the City Council hereby enacts this chapter.
B.
Applicability of provisions. All departments and the employees of
all of them shall comply with and be subject to the provisions of
this chapter and any subsequent rules and regulations adopted by resolution
by the City Council, or with other procedures approved by the City
Council, for the purchase or contract of goods, services, or construction.
C.
Compliance with all applicable state and federal regulations required.
Wherever applicable, all requirements set forth in state and federal
grant, loan, and assistance programs and contracts shall be satisfied.
The requirement that provides the greater restriction or highest standards
shall prevail.
D.
Appropriation and certification of funds. The City Council, through
the City's annual budget process, appropriates funds for all
purchases. The Director of Purchasing, or the appropriate department
head, as the case may be, will certify that funds have been appropriated
before purchases are authorized.
A.
Department established. There is a Department of Purchasing established
in the governmental structure of Pocomoke City, which Department shall
be directed by a Director of Purchasing, who shall serve at the discretion
of the City Manager and shall be an at-will employee and a department
head in accordance with the Personnel Regulations of Pocomoke City
as from time to time in place. The Department shall have such responsibilities,
budget, employees, and duties as the City Manager shall from time
to determine, subject to the budgetary approval of the City Council.
The Department shall be responsible generally for the purchasing and
procurement functions of the City. Until such time as the City Council
shall provide for the organizational structure, positions, and budget
separately, the functions and structure of the Department of Purchasing
shall be subsumed within and be a part of the functions of the City
Manager.
B.
The Director of Purchasing shall have the following duties:
(1)
Implement or supervise the implementation of the provisions of this
chapter and any subsequent regulations for the purpose of purchasing
or contracting for goods, services or construction.
(2)
Ensure that products or services are provided according to the contract
terms.
(3)
Supervise the bid process.
(4)
Maintain inventory control of City property and assets.
(5)
Prescribe and maintain such forms as are reasonably necessary to
the operation of this chapter.
(6)
Prepare and maintain a vendors catalog file.
(7)
Declare a vendor or person who defaults on his/her quotations, contracts,
or obligations, or which otherwise has a record of poor or untimely
performance, as a "not responsible bidder" and disqualify or debar
such vendors or persons from receiving any business from the City
for up to five years.
(8)
Determine if prequalification of bidders is appropriate and set forth
the criteria for prequalification.
(9)
Give periodic post-purchase public notice of purchases which exceed
$25,000, or as otherwise may be required by law. Such notice may be
accomplished by posting on the City's Internet website, posting
at the location of the City offices on a public bulletin or notice
board, or by any other means consistently employed by the City to
advise City residents of Mayor and City Council meeting agendas.
(10)
Prepare specifications for goods, services, and construction.
(11)
Schedule and hold prebid conferences.
(12)
Prepare and distribute addendums to IFBs or RFPs.
(13)
Ensure that all necessary documentation is maintained.
(14)
Prepare and maintain a Purchasing Manual, to include a copy of this
chapter, adopted forms, laws, regulations, and other appropriate material.
C.
The Director of Purchasing may delegate part or all of his powers
and duties to designated purchasing agents or other City employees
pursuant to this chapter.
The regulations and procedures included in this section shall control all purchases made with public funds, except as otherwise permitted or directed under §§ 70-6 and 70-7 of this chapter.
A.
Unauthorized purchases.
(1)
Except as otherwise provided in this chapter, it shall be unlawful
for any City official or employee to purchase, contract for, or order
goods, services, or construction for which funds have not been appropriated
by the City Council.
B.
Nonappropriation. Anything in this chapter to the contrary notwithstanding,
no contract for goods, services, or construction shall be entered
into by or on behalf of the City, the payment obligations of which
contract extend beyond the fiscal year in which the contract is executed,
unless the contract contains a nonappropriations clause allowing the
City to terminate the contract if sufficient funds for that contract
are not legally appropriated by the City.
C.
Governing law. All contracts for goods, services, or construction
entered into by or on behalf of the City shall be subject to and interpreted
in accordance with the laws of the State of Maryland, without regard
to its conflicts of laws' principles. Jurisdiction and venue
shall lie only in state or federal courts located in the geographic
limits of the State of Maryland.
D.
Mistakes in purchasing. Mistakes made by City officials or employees
during the purchasing process which do not substantially affect the
purchase, but which are contrary to the provisions of this chapter,
may be waived by the City Manager, or by the City Council if the value
or cost of the mistake exceeds $10,000, at their discretion. Mistakes
shall not include unauthorized purchases.
E.
Purchasing authorizations, amounts and conditions limited. The following
City employees are authorized to encumber or commit public funds in
the amounts and under the conditions stated:
(1)
Department head. Subject to any limitations contained in any purchasing
authorizations resolution as may be from time to time in force and
effect, a department head may authorize purchases not to exceed $5,000
for any single service, item or group of similar items purchased.
The department head, with approval of the Director of Purchasing,
may delegate authority, not to exceed $1,500, to subordinates for
any single service, item or group of similar items purchased. The
department head shall provide the Director of Purchasing with a list
of personnel who have been delegated the authorization to make purchases
and the maximum amount delegated.
(2)
Director of Purchasing or designee. The Director of Purchasing or
his designee may authorize all purchases not to exceed $25,000. Delegation
of purchasing approval by the Director of Purchasing shall not relieve
the Director of Purchasing from responsibility therefor.
(3)
City Council. The City Council must approve all purchases exceeding
$25,000 but may delegate special authority to the Director of Purchasing
to make a specific purchase which exceeds $25,000.
(4)
The City Council, the Director of Purchasing, purchasing agents and
the department heads and authorized designees are the only individuals
possessing legally binding purchasing authority, except as otherwise
provided herein.
F.
Bid regulations and procedures.
(1)
Competitive bids.
(a)
General requirements. All purchases of and contracts for supplies
and services and all sales of personal property which have become
obsolete and unusable, except as specifically provided herein, shall
be based, whenever possible, on a competitive basis.
(b)
Determination of bid procedure.
[1]
Purchases exceeding $500 for a single item or exceeding in the
aggregate $1,500 for multiple items (none of which exceeds a single-item
cost of $500), but, in either case, not exceeding $5,000, will require
at least three informal price quotes, usually by telephone, to ensure
that the most-responsive purchase is made and at the best price, which
is also in the best interest of the City. These may require written
confirmation. The quotes, not merely the accepted quote, must be recorded
by City personnel obtaining the quote and attached to the payment
request or purchase order for the items purchased.
[2]
For purchases exceeding $5,000 but not exceeding $15,000, at
least three price quotes shall be obtained in writing from bidders
or vendors and must be maintained by the recipient and attached to
the payment request or purchase order for the items purchased. Written
price quotes shall be submitted to the Director of Purchasing for
processing and approval.
[3]
For purchases exceeding $15,000 but not exceeding $25,000, prices
will be obtained by written proposals, submitted directly to the Director
of Purchasing; however, the City Council reserves the right to require
sealed bids. After review, the Director of Purchasing will record
the proposals and take appropriate action in accordance with the provisions
of this chapter.
[4]
Purchases over $25,000 shall be by sealed formal bids submitted
to the Director of Purchasing and securely held until the time of
bid opening. Bids will be opened and read aloud in an open public
meeting as stated in the IFB or RFP. At the time of bid opening, the
Director of Purchasing will record the bids.
[5]
The Director of Purchasing shall be responsible for approving the date, time, and location of, and any process relating to, the opening of written proposals and sealed formal bids submitted pursuant to Subsection F(1)(b)[3] and [4] above and shall otherwise determine or approve the process relating thereto.
(2)
Bid bonds. The Director of Purchasing may, at his discretion, require
bid bonds for proposals and bids.
(a)
Form. Bid bonds may be in the form of cash, cashier's check,
certified check, letter of credit, or other approved bond form executed
by an approved surety company in an amount set by the Director of
Purchasing and in a form acceptable to the Director of Purchasing.
The Director of Purchasing has the right to reject any bid that does
not comply with this section.
(b)
Return of bonds. Bid bonds will be returned to all bidders upon
execution of the contract by the successful bidder or as deemed appropriate
by the Director of Purchasing.
(3)
Performance and payment bonds. The Director of Purchasing, at his
discretion, may require performance and payment bonds.
(a)
Form. Performance and payment bonds will be in the form of cash,
certified check, cashier's check, letter of credit, approved
bond forms, or other security acceptable to the Director of Purchasing,
executed by an approved surety company.
(b)
Amount of bond. Whenever a performance or payment bond is required,
the amount of the bond shall be determined by the Director of Purchasing
but shall be not exceed 125% of the bid price.
(4)
Modification or withdrawal of bids.
(5)
Late bids, withdrawals and modifications.
(a)
Policy. Any bid, request for withdrawal, or request for modification
received at the place designated in the IFB after the time and date
set for receipt and opening of bids is late.
(b)
Consideration. A late bid may not be considered under any circumstances
and will be returned to the bidder unopened, by certified mail, to
the bidder's last known address. Late modifications and late
withdrawals may be considered by the City Council and allowed if in
the best interest of the City.
(6)
Mistakes in bids.
(a)
Criteria for correction or withdrawal. If a mistake is alleged
by a bidder, the Director of Purchasing may allow correction or withdrawal
in accordance with the following criteria:
[1]
If both the mistake and the intended correction provision are
evident, correction, but not withdrawal, may be allowed.
[2]
If the mistake, but not the intended correct provision, is evident,
then withdrawal may be allowed, but correction may be allowed only
if:
[a]
The correction is the most favorable to the City.
[b]
The bidder demonstrates by clear and convincing evidence that
the proposed correction was the intended provision.
[c]
Correction is deemed by the City Council or the Director of
Purchasing, as applicable, to be in the best interest of the City.
[d]
The City Attorney renders an opinion that a decision to allow
correction would more likely than not be upheld upon court challenge.
(b)
Correction after award. Mistakes may not be corrected after
award of the contract, and changes in price are not permitted unless
the Director of Purchasing determines it would be in the best interest
of the City.
(c)
Written report required. When a bid is corrected or withdrawn
or correction or withdrawal is denied, the Director of Purchasing
shall prepare a written report showing all actions taken in accordance
with this chapter.
(7)
Evaluation and award.
(a)
General policy. The contract will be awarded to the lowest responsive
and responsible bidder whose bid meets the following requirements
and such other requirements as may be set forth in the IFB and/or
other solicitation materials:
[1]
The ability, capacity, organization, facilities and skill of
the bidder to perform the contract or provide the service required.
[2]
The ability of the bidder to 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 bidder's quality of performance of previous contracts
or services.
[5]
The bidder's previous and current compliance with laws
and ordinances relating to the type of contract or service.
[6]
Whether the bidder is in arrears to the City on any debt or
contract.
[7]
Whether the bidder is in default on any surety to the City.
[8]
Whether the bidder is delinquent as to any taxes or assessments.
[9]
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service.
[10]
The quality, availability, and adaptability of the supplies
or contractual services to the particular use required.
[11]
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract.
[12]
Any other information relevant to the decision to award the
contract.
[13]
Whether the bidder has been debarred by another governmental
jurisdiction, the State of Maryland, or the United States. Debarment
within three years prior to a bid opening or other selection of a
vendor or contractor shall automatically eliminate the debarred person.
Debarments more than three years prior may render the person ineligible,
based upon the determination of the Director of Purchasing on the
advice of the City Attorney.
(b)
Determination of lowest bid; additional restrictions.
[1]
Bids shall be evaluated to determine which responsible and responsive bidder offers the lowest cost to the City in accordance with the evaluation criteria set forth in § 70-5 F(7)(a)[1] through [12] above. The City Council reserves the right to make the award in a manner deemed to be in the best interest of the City.
[2]
Nothing in this chapter shall be deemed to permit an award to
a bidder submitting a higher-quality item than that designated in
the invitation for bids if that bidder is not also the lowest bidder.
(c)
Award. Upon determination of the lowest responsive and responsible
bidder, the Director of Purchasing may award the contract to that
bidder in accordance with the provisions of this chapter.
(8)
Tie bids. In the instance of low tie bids from otherwise responsive,
responsible bidders, where all other factors are equal, the award
shall be made by the drawing of lots or straws. The Director of Purchasing
and the City Clerk shall be present at the drawing. Bidders will be
invited. The results shall be recorded on the bid tabulation sheet
by the Director of Purchasing.
(9)
Single bids. If only one bid from a responsive, responsible bidder is received in response to an IFB, an award may be made to the such bidder in accordance with the provisions of this chapter if the price submitted is fair and reasonable and other prospective bidders had reasonable opportunity to respond; otherwise, the bid may be rejected and new bids may be solicited, or the proposed purchase may be canceled, or, if the Director of Purchasing determines, in writing, that the need for the supply or service continues but that the price of the one bid is not fair and reasonable and there is not time for resolicitation or resolicitation would likely be futile, the purchase may then be conducted under § 70-6C of this chapter.
(10)
Alternate and conditional bids. Alternate and conditional bids, unless
specifically authorized in the IFB, shall not be considered.
(11)
Rejection of bids and proposals. Any bid or proposal may be rejected
when it is deemed by the City Council, in their sole discretion, to
be in the best interest of the City to do so. Reasons for rejection
may include, but are not limited to, the following:
(a)
The vendor that submitted the bid or proposal is not a responsible
bidder.
(b)
The bid or proposal does not conform to the requirements of
the solicitation.
(c)
Unreasonable price.
(d)
The bidder is debarred or ineligible.
(e)
Any factor described in § 70-5F(7)(a)[1] through [13].
(f)
Any other factor deemed justifiable by the City Council for
the benefit or protection of the City.
(12)
Rejection of bids. The City Council reserves the right to reject
any or all bids as deemed appropriate in their sole discretion and
as may be in the best interest of the City.
(13)
The Director of Purchasing may waive a minor irregularity in a bid
or proposal if it is in the best interest of the City.
G.
Blanket purchase orders.
(1)
Purpose. The purpose of a blanket purchase order is to provide a
department with a simplified means of purchasing miscellaneous incidental
items which are similar in nature.
(2)
Criteria. The following criteria shall be followed:
(a)
The blanket purchase order must be authorized and signed by
the Director of Purchasing.
(b)
The total amount purchased on an individual purchase order shall
not exceed $1,000.
(c)
The total cost of any single item purchased shall not exceed
$250.
(d)
The blanket purchase order shall be issued for a period not
to exceed the lesser of one year or the period of time for which blanket
purchase order pricing has been contracted for by the City.
H.
Gifts and rebates. The Director of Purchasing, purchasing agents,
department heads, and every official and employee of the City are
expressly prohibited from accepting, directly or indirectly, from
any person to whom any purchase or contract is or might be awarded,
any rebate, gift, money or anything of value whatsoever, except where
given for the use or benefit of the City, or except as otherwise allowed
under the City's Code of Ethics.[1]
I.
Prohibition against subdivision. No contract or purchase shall be
subdivided to avoid the requirements of this chapter.
J.
Cooperative purchases. The Director of Purchasing shall have the
authority to enter into contracts on behalf of the City with other
units of government, including, but not limited to, the State of Maryland,
other Maryland counties and municipalities, and neighboring jurisdictions
in states surrounding Maryland, in cooperative purchasing plans when
the best interests of the City would be served thereby. This authority
includes the authority to purchase from suppliers or contractors on
the same terms and conditions as contracts already entered into by
such jurisdictions, whether or not such contracts have specifically
provided for such cooperative or extended purchasing. In all such
instances of cooperative purchasing, the Director of Purchasing shall
establish to his reasonable satisfaction, after consultation with
the City Attorney, that the award of such contracts and the process
employed therein are reasonably approximate to that usually employed
by the City or otherwise have appropriate indicia of competitiveness
and opportunity to bid or participate.
K.
Inspection and testing. The Director of Purchasing may provide for
the inspection of all deliveries of supplies or contractual services
to determine their conformance with the specifications set forth in
the order or contract. Such inspection may be performed by the Director
of Purchasing, purchasing agents, department heads, or individuals
to whom such duties may be delegated.
L.
Unless otherwise directed by the Director of Purchasing, all material
relevant to purchases made pursuant to this chapter shall be maintained
by the department at whose direction or upon whose behalf a contract
for goods or services is made. Notwithstanding the foregoing, all
documentation required to be submitted to the Director of Purchasing
or to the Finance Director shall be so submitted, with originals or
copies, as the case may be, to be retained by such department, including,
but not limited to, titles, registrations, warranties, and instructional
and operating manuals. Wherever possible, such materials shall be
referenced to the applicable item or service and the contract relating
thereto.
M.
Bid protests. Any unsuccessful bidder may file a protest of any competitively bid procurement under this chapter by filing a written protest to the Director of Purchasing as outlined in this § 70-5M.
(1)
The written protest shall be delivered to the City at City Hall,
addressed to the Director of Purchasing, not later the seven days
from the determination by the appropriate City officer or employee
of the award being protested. "Delivered to" shall mean the actual
receipt by the City.
(2)
The written protest must include:
(a)
The name, address, and telephone number of the protester;
(b)
An identification of the solicitation or contract which the
protest concerns, including the bid, RFP, solicitation, or other identifying
number;
(c)
A detailed statement of the legal and factual grounds supporting
the protest, including copies of relevant documents; and
(d)
A statement as to the relief requested.
(3)
The City will initiate an investigation and issue a written determination
in a timely manner within 10 days of receipt of the protest. In the
City's discretion, an informal hearing may be conducted by the
Director of Purchasing or his designee prior to the determination.
Unless exigent circumstances exist, as determined by the Director
of Purchasing, no award may be made if there is a timely submitted,
unresolved, outstanding protest.
A.
Purpose. This section is established for the purchase of supplies,
materials, services, maintenance and/or construction when normal purchase
procedures cannot be used because of an emergency.
B.
Scope. Only those purchases necessary to meet the emergency are allowed
under this section.
C.
Types of emergencies. Emergencies will fall into one of the following
categories:
D.
Procedures.
(1)
Declaration of emergency. The department head of the department,
having general jurisdiction with respect to the particular emergency,
or next-senior employee below the department head, shall contact the
first available individual listed below, in the order listed below,
to report the emergency and describe the nature, extent, and expense
of the emergency purchasing required, and obtain a declaration of
emergency:
(2)
Written reports.
(a)
Immediate emergency.
[1]
As soon as possible, but not later than five working days, the
department head will submit a full written report to the Director
of Purchasing, giving the following information:
[2]
At all times, standard purchase procedures shall be followed
as nearly as possible in order to establish a full record of the purchase.
Wherever possible, prior permission shall be sought from the Director
of Purchasing.
(b)
Nonimmediate emergency.
[1]
The department head will submit a written request to the Director
of Purchasing, giving the following minimum information:
[2]
The Director of Purchasing will review the request and, if time
permits, follow normal procedures as provided in this chapter. If
normal procedures cannot be followed, the Director of Purchasing may
authorize the purchase.
A.
Professional services purchases.
(1)
Scope. Services provided by physicians, auditors, attorneys, architects,
engineers, consultants or other individuals or organizations possessing
a high degree of technical skill are considered to be professional
services and are generally subject to the standard competitive bidding
procedures of this chapter.
(2)
Selection. Selection will be made in accordance with criteria set
forth in the request for proposal or with other criteria deemed appropriate
by the City Council.
B.
Construction purchases. Construction purchases shall include capital
improvement projects where the cost exceeds $15,000 for construction
or reconstruction, in whole or in part, of City-owned properties or
facilities. The requesting department head shall be responsible for
providing a requisition and written explanation of the necessity for
the construction. The requisition will then be processed under the
appropriate provisions of this chapter.
C.
Sole-source purchases. This subsection is established for the purchase
of supplies, services, maintenance or construction when competitive
sealed bidding or proposals cannot be used in awarding a contract
because there is only one known available source for the subject of
the contract. In that case, the Director of Purchasing may award a
contract by noncompetitive negotiation in accordance with other applicable
provisions of this chapter. The Director of Purchasing shall maintain
sufficient records detailing the goods and services procured under
a sole-source purchase and the justification for same. In so doing,
the Director of Purchasing may consider issues of operational, system,
hardware, and/or software compatibility. Any department or agency
seeking approval of a sole-source procurement shall submit written
documentation to the Director of Purchasing stating the grounds for
the sole-source request. Such documentation shall include a statement
of the specific efforts made in determining or identifying sources
for the material or service and an explanation of the need for the
procurement. A written determination by the Director of Purchasing
of the need for a sole-source procurement shall remain in the City's
contract files.
D.
Service and repair contracts. The nature of ongoing and/or "on-call"
service and repair contracts makes it very impractical to solicit
prices by invitation for bids. Therefore, the Director of Purchasing
may request proposals rather than follow the formal sealed bid process,
although every effort should be made to follow the other appropriate
provisions of this chapter. The Director of Purchasing may consider
ongoing vendor relationships in the selection process, as well as
other appropriate criteria to justify the final selection.
E.
Services set by law. Services for which the rate or price is fixed
by a public authority authorized by law to fix rates or prices shall
be purchased without competitive bidding.
F.
Lease purchases.
(1)
Real property. Because of the nature of limited availability of real
property, leases for real property shall be made through direct negotiation
by the Director of Purchasing and are not otherwise subject to the
provisions of this chapter. All leases for real property must be approved
by the City Council.
(2)
Personal property. Personal property may be acquired through lease-purchase
agreements. However, this subsection in no way is intended to abridge
the purchasing regulations set forth in this chapter.
(3)
Purchase options. A purchase option in a lease, excluding a lease
for real property, may be exercised only if the lease containing the
purchase option was awarded under competitive bidding procedures or
the lease supply or facility is the only supply or facility that can
meet the City's requirements.
The Director of Purchasing will prepare additional policies
or regulations to further amplify the provisions of this chapter and
submit them to the City Council for approval by resolution. Approved
regulations and other explanatory or procedural material shall be
included in the Purchasing Manual.
A.
The Director of Purchasing, upon approval of the City Council, may
establish or continue a plan or program for the use of purchasing
cards to facilitate the purchase of goods and services by authorized
individuals on behalf of the City.
B.
Any purchasing card plan or program shall provide for:
(1)
The specific positions or categories of positions which may utilize
purchasing cards.
(2)
The spending limits for purchasing cards by categories or positions.
(3)
Restrictions on the nature or type of purchases which may be made,
restrictions as to particular vendors or categories of vendors from
whom goods or services may be purchased, and other such restrictions
as the Director of Purchasing shall determine.
(4)
Provisions for the periodic review and assessment of purchasing card
performance, including any required or recommended auditing standards
or processes.
(5)
Other criteria as may be from time to time determined by the Director
of Purchasing or required by the City Council.
C.
In no event shall the purchasing card plan or program or the use
of purchasing cards be used to circumvent the spending limits and
other restrictions contained in this chapter.
D.
The Director of Purchasing may provide for the selection of the purchasing
card provider by competitive bid, request for qualifications, negotiated
contract, or other means upon the approval of the City Council.
A.
Any City employee may propose that a vendor be debarred from doing
business with the City based upon the poor quality of goods or services
provided, the timeliness of providing such goods or services, the
breach of any warranty or contract term or condition relating to the
supplying of such goods or services, or any other matter or reason
deemed sufficient by the employee to warrant such action.
B.
The employee shall refer such proposal to the employee's department
head, who shall review the allegation, claims, circumstances, and
documentation prepared or provided by the employee and determine whether
to forward such proposal to the Director of Purchasing.
C.
If the department head shall determine that the proposal should be
considered further, the department head shall forward the proposal
and all pertinent documentation to the Director of Purchasing, who
shall review the material with the department head and, in the Director
of Purchasing's discretion, the employee and/or others deemed
appropriate and determine whether the matter should be further pursued.
D.
If the Director of Purchasing shall determine that the matter should
be further pursued, the Director of Purchasing shall notify the vendor
by first-class mail, postage prepaid, that there has been a proposal
to debar the vendor from doing business with the City and provide
the vendor an opportunity to be heard (a "hearing") by the Director
of Purchasing and to address the facts and circumstances regarding
the matter.
E.
Any hearing held pursuant hereto shall be informal, shall not be
subject to formal rules of evidence or procedure, and shall provide
the vendor an opportunity to review any written material regarding
the matter. Witnesses may be called at the discretion of the Director
of Purchasing. A vendor may submit a written statement, summary, or
other document in support of the vendor's position in the matter.
F.
The Director of Purchasing shall determine the weight and credibility
to be given any documentation, evidence, and testimony submitted in
the matter.
G.
The Director of Purchasing shall render a decision promptly and,
unless delayed for good cause, within 30 days after the hearing.
H.
The failure of a vendor to appear at the hearing shall not prohibit
the Director of Purchasing from issuing a decision in the matter.
I.
A vendor may be debarred for a period not to exceed five years from
the date the Director of Purchasing renders a decision; provided,
however, that to be permitted to bid on, supply, or perform any future
projects, goods, or services to be provided the City, the debarred
vendor must submit evidence by way of references as to the vendor's
current quality and performance levels.
Whenever, in the Pocomoke City Code or in any rule or regulation
promulgated thereunder or pursuant thereto, reference is made to a
purchasing officer or similar position, such reference shall be deemed
to be to the "Director of Purchasing" as if the same had been originally
placed or substituted therefor in such provision.
