Except as otherwise provided herein, all purchases of supplies,
contractual services, capital equipment and construction contracts
shall be purchased by formal written contract based on competitive
bids.
[Amended 5-4-1998]
Formal competitive bidding shall conform to the following:
A. Notice inviting bids. Notice inviting bids shall be published once
in a greater Portland newspaper and at least five days preceding the
last day set for the receipt of bids.
B. Bid deposits. When deemed necessary by the purchasing agent, bid
deposits shall be prescribed in the public notices, inviting bids.
Unsuccessful bidders shall be entitled to return of surety where the
purchasing agent has required such. A successful bidder shall forfeit
any surety required by the purchasing agent upon failure on his part
to enter into a contract within 10 days after the award.
C. Bid opening procedure.
(1) Sealed. Bids shall be submitted sealed to the purchasing agent and
shall be identified as bids on the envelope.
(2) Opening. Bids shall be opened in public at the time and place stated
in the public notices by the purchasing agent or his designated representative.
(3) Tabulation. A tabulation of all bids received shall be available
for public inspection.
(4) Integrity of opening procedure. A member of the Council, the City
Clerk, or the Mayor and the applicable department head (or the City
Treasurer) shall be present at the bid opening to ensure and attest
to the integrity of the bid-opening procedure.
D. Rejection of bids. The Mayor shall have the authority to reject any
or all bids, or parts of bids, when the public interest would be served
thereby, if the lowest bid or part of a bid is under $1,000. When
the lowest bid or part of a bid to be rejected exceeds $1,000, the
City Council shall have the authority of rejection.
E. Award of contracts.
(1) Authority of the Mayor. The Mayor shall have the authority to award
contracts under $5,000 and when the amount totals or exceeds $5,000
only with prior City Council authorization of said contract.
(2) Lowest responsible bidder. Contracts shall be awarded to the lowest
responsible bidder. In determining lowest responsible bidder, in addition
to price, the Mayor (when the amount is under $5,000) or the Council
(when the amount totals or exceeds $5,000) shall consider:
(a)
The ability, capacity and skill of the bidder to perform the
contract or provide the service required;
(b)
Whether the bidder can perform the contract to provide the service
promptly, or within the time specified, without delay or interference;
(c)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
(d)
The quality of performance of previous contracts or services;
(e)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
(f)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
(g)
The quality, availability and adaptability of the supplies or
contractual services to the particular use required;
(h)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
(i)
The number and scope of conditions attached to the bid.
(3) Similar or tie bids.
(a)
Local vendor preference. Notwithstanding the provisions of Subsection
E(2), it is the policy of the City, when making purchases or entering contracts, to give some preference to local vendors and service providers, if the price differential between the local and other suppliers is small. This policy encourages a strong and diverse economy within the City, and it further supports local businesses and individuals, who not only pay taxes but also spend their incomes locally and support other community institutions. If the bid received from a Westbrook business establishment is in the same amount as, or is within 2% of, a low bid submitted by a business located outside the City, then the purchase/contract may be awarded to the Westbrook business, quality and service being equal.
(b)
Drawing of lots. Where Subsection
E(3)(a) is not applicable, or where two local vendors have tied for lowest bid, the purchasing agent shall resolve the impasse by drawing lots in public.
(4) Statement of reasons. 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 Mayor or the Council and filed
with the other papers relating to the transaction.
(5) Performance bonds. The purchasing agent shall have the authority
to require a performance bond, before entering a contract, in such
amount as he shall find reasonably necessary to protect the best interest
of the City.
F. Prohibition against subdivision. No contract or purchase shall be
subdivided to avoid the requirements of this section.
G. Right to reject bids and negotiate terms. Notwithstanding any other
provision of this article, or any term, or lack thereof, in any bid
document or request for proposal, the City of Westbrook expressly
reserves the right to reject any and all bids and proposals; to award
a bid or contract to other than the lowest bidder; to readvertise
for new bids; and to negotiate for more advantageous terms with any
vendor or service provider, as deemed in the best interest of the
City.
[Amended 12-16-1991]
Purchases of supplies, contractual services, capital equipment
and construction contracts authorized by this article to be purchased
through the open market procedure shall be purchased in conformance
with the following procedure:
A. Minimum number of bids. All open market purchases shall, wherever possible, be based on at least three proposals and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in §
33-16E(2) above.
B. Notice inviting bids. The purchasing agent shall solicit bids by
direct mail request to prospective vendors, or by telephone. Every
reasonable effort will be made to solicit bids from Westbrook business
establishments.
C. Award. The Mayor shall have the authority to award all open market
purchases under $1,000.
D. Recording. The purchasing agent shall keep a record of all open market
orders and bids submitted in competition thereon, and such records
shall be available for public inspection.
[Amended 7-15-2019 by Ord. No. 2019-130]
The purchasing agent shall have the authority to join with the other units of government or purchasing groups in cooperative purchasing when the best interests of the City would be served thereby, subject to the intent and standards as set forth in §§
33-14 through
33-17.