[Adopted 7-7-1975; amended 11-6-1989 (Ch. 2, Art. IV, Div. 2, of
the 2007 Code)]
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 5-19-2008]
A.
Authority of the Mayor. The Mayor may direct the solicitation of
proposals under the open market procedure for purchases of less than
$5,000.
B.
Waiver by the City Council. The City Council may waive the formal
bidding procedure and authorize the solicitation of proposals under
the open market procedure for purchases of less than $10,000, for
purchases of used goods and for purchases of goods or contractual
services where the Council determines that there are a small number
of qualified bidders.
[Amended 7-15-2019 by Ord. No. 2019-130]
C.
Bidding not required.
(1)
Bidding shall not be required for professional services contracts
which may be awarded based on requests for proposals, negotiated contracts
and consideration of the professional qualifications, experience and
reputation of the contractor.
[Amended 12-21-2020 by Order No. 2020-153]
(2)
Bidding shall not be required where the City Council determines that
the goods or services required are only available from a single source.
D.
Renewal of service contracts. The City Council without seeking competitive
bids may authorize the renewal of contractual services contracts where
the City Council determines that such renewal is in the public interest
and any increase in cost for such services is less than $10,000 per
contract year.
E.
Payment of substitute vendors or subcontractors of existing City
vendors. The following provisions shall govern in all instances in
which the City has an existing contract with an outside vendor or
service provider who, for some reason, is unable or unwilling to perform
some or all of the work under its existing contract:
(1)
Provided the contract does not prohibit subcontracting, and the pricing
and other economic terms are the same, or less expensive, for a substitute
vendor or subcontractor, then no additional approvals are required
solely on the provider's basis as a substitute vendor or subcontractor.
The Mayor, or his designee, will so inform the City Council, in writing,
as soon as he becomes aware of such an arrangement.
(2)
Alternatively, if the pricing or other economic terms are more expensive,
then prior City Council approval shall be required where the cost
of such an arrangement is reasonably likely to exceed $5,000.
[Amended 7-12-2021 by Order No. 2021-68]
[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.
(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.
A.
By purchasing agent. In case of an apparent emergency which requires
immediate purchase of supplies, contractual services or capital equipment,
the Mayor shall be empowered to authorize the purchasing agent to
secure by open market procedure as herein set forth, at the lowest
obtainable price, any supplies, contractual services, or capital equipment,
regardless of the amount of the expenditure.
(1)
Recorded explanation. A full report of the circumstances of an emergency
purchase shall be filed by the purchasing agent with the City Council
and shall be open to public inspection.
(2)
Council confirmation. The City Council shall confirm the expenditure
after the fact if such expenditure would normally have required prior
Council approval.
B.
By head of departments. In case of actual emergency, and with the
approval of the Mayor, the head of any department may purchase directly
any supplies or contractual services whose immediate procurement is
essential to prevent delays in the work of the department which may
vitally affect the life, health or convenience of citizens.
[Amended 2-2-1993]
A.
The purchasing agent shall inspect, or supervise the inspection of,
all deliveries of supplies, contractual services, and capital equipment
to determine their conformance with the specifications set forth in
the order or contract.
(1)
Inspection by department. The purchasing agent shall have the authority
to authorize having the staff and facilities for adequate inspection
to inspect all deliveries made to such using agencies under the rules
and regulations which the purchasing agent may prescribe.
(2)
Tests. The purchasing agent shall have the authority to require chemical
and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications. In the performance of such tests, the purchasing
agent shall have the authority to make use of laboratory facilities
of any agency of the City government or of any outside laboratory.
B.
The purchasing agent may require that any contract awarded for any
public improvement provide for the withholding of up to 10% of the
money due the contractor until the project under contract has been
accepted by the City. When such retainage has been withheld by the
City, it shall not be withdrawn until the purchasing agent has reported
the results of any final inspection and testing to the City Council,
which shall have sole authority to release such sums.
[Amended 7-15-2019 by Ord. No. 2019-130]