[HISTORY: Adopted by the Mayor and Town Council of the Town of Hancock 5-10-2006 as Ch. 11 of the 2006 Code of Ordinances. Amendments noted where applicable.]
A. 
The Town Manager is authorized to act as purchasing agent or contract for all supplies and contractual services needed by the Town of Hancock, or any using agency or department, which derives its support, wholly or in part, from the Town of Hancock, in accordance with the following procedures set forth in this chapter and such other rules and regulations which may, from time to time, be prescribed by the Mayor and Council by ordinance.
B. 
In addition to any specific powers and duties prescribed by this chapter, the Town Manager shall:
(1) 
Act to procure for the Town the highest quality in supplies and contractual services at the lowest expense to the Town.
(2) 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(3) 
Recommend to the Mayor and Council that they establish and amend, when necessary, all rules and regulations authorized by this chapter and any other necessary to its operation. The Mayor and Council shall make such changes by ordinance.
(4) 
Keep informed of current developments in the field of purchasing, pricing, market conditions, and new products, and secure for the Town the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations.
(5) 
Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this chapter.
(6) 
Exploit the possibilities of buying in bulk so as to take full advantage of discounts.
(7) 
Act so as to procure for the Town all federal and state exemptions to which it is entitled.
(8) 
To advise the Mayor and Council as to vendors who default in their contractual obligations, quotations, and irresponsible bidders and to keep the Mayor and Council fully apprised of same so that the Mayor and Council may make a determination as to whether or not to deal, negotiate, and/or contract with said vendors.
(9) 
Compile and maintain a list of qualified bidders and vendors.
A. 
Any purchase of supplies or contractual services, when the estimated or known cost thereof exceeds $5,000, shall be authorized by the Mayor and Council at a duly constituted meeting, and a contract shall be entered into for such services, contractual services, and/or supplies. Such purchases or contracts shall be entered into only after the taking of competitive bids, unless the taking of competitive bids, as hereinafter provided, is not required.
[Amended 10-11-1995]
B. 
Public notice of all required bidding shall be given in one issue of a newspaper having general circulation within the Town and such other newspapers or trade publications as may be considered appropriate for notifying a sufficient number of vendors to assure effective competition. Such public notice shall be published not less than 20 days prior to the opening of bids. Copies of the notice may be mailed to qualified vendors by the Town Manager. The list of vendors shall include all responsible prospective suppliers who have requested their names to be placed on the list of bidders. Special attention shall be given to notifying vendors having offices or residing within the Town of Hancock, Washington County, or which have qualified with the federal government, state or county as a minority-owned business enterprise. The notice required herein shall include a general description of the articles to be purchased or sold, or work to be performed, and shall state where bid specifications may be secured, and the time and place for opening of the bids. Copies of the bid notice shall be provided each member of the Town Council at the same time.
C. 
The closing date and time for receiving bids shall be during normal business hours at the Town or at the time of a meeting of the Mayor and Council. Bids shall be identified as bids on the sealed envelope. Bids shall be publicly opened by the Town Manager or the designated agent in a room suitable for accommodating persons who may wish to be present immediately following the closing of the time for the receiving of bids and shall be publicly read. All bids received shall be tabulated and copy of the tabulation furnished to each vendor submitting an acceptable bid.
D. 
For purchases or contracts for which the taking of competitive bids is required, the Town Manager shall furnish the Mayor and Council as soon as practical a tabulation and analysis of all bids, the Town Manager's recommendation as to the bid and such other information as the Mayor and Council may need or shall require. The Mayor and Council shall consider the bids and then award the proposed contract if they deem advisable within their discretion to the most qualified and acceptable bidder in accordance with the provisions of this chapter.
E. 
The Mayor and Council of the Town of Hancock shall have the right to accept or reject any and all bids, either in whole or in part, within their absolute discretion and readvertise.
F. 
The Town Manager shall not accept the bid of a contractor who is in default on the payment of any taxes, licenses, fees or other monies due to the Town of Hancock.
G. 
In determining the best available bid, the Town Manager shall consider and advise the Mayor and Council, for their determination and consideration, of the following matters:
(1) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
(2) 
Whether the bidder can 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 quality of performance of previous contracts or services with the Town of Hancock and/or communities, businesses or projects the Mayor and Council are aware of.
(5) 
The previous and existing compliance by the bidder with the laws and ordinances relating to the contract or services.
(6) 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(7) 
The quality, availability and adaptability of the supplies, or contractual services to the particular use required.
(8) 
The ability of the bidder to provide future maintenance and service of the items to be purchased, if required, and the convenience to the Town of the location at which such maintenance or service will be performed.
(9) 
The number and scope of conditions attached to the bid.
(10) 
The estimated life cycle costs of the items to be purchased when it is possible to reasonably estimate such costs.
(11) 
The cost of delivery of supplies or services to be purchased or, if the Town must obtain delivery of supplies or receive services at a place other than the premises of the Town, the convenience of the location at which delivery or receipt is to be made.
(12) 
Whether or not the bidder is a person or business located within the corporate limits of the Town of Hancock, or a minority-owned business enterprise that has submitted a bid which has been adjudged to be equal in all other respects to the bids received from bidders which are neither minority-owned nor located with the corporate limits of the Town.
(13) 
Such other information which, in the discretion of the Mayor and Council, may have a bearing upon the determination as to which bidder has offered the most acceptable bid under all of the surrounding circumstances.
A. 
Subject to the approval of the purchase or contract by the Mayor and Council, the requirements for the taking of competitive bids shall be required for the following:
(1) 
Lease and/or rental of property, except as may be required by the Local Government Article of the Annotated Code of Maryland, § 1-706, pertaining to the sale and lease of property.
(2) 
Purchase of patented or manufactured products offered for sale in a noncompetitive market or solely by a manufacturer's authorized dealer, and are a sole source.
(3) 
Contracts involving policies of insurance or surety company bonds.
(4) 
Purchase made through the state or against federal purchase contracts.
(5) 
Contracts with public utility service companies under tariffs on file with the Public Utility Commission, contracts made with another political subdivision of the State of Maryland or of another state adjoining the State of Maryland, the federal government and/or any agency of the State of Maryland or any municipal authority.
(6) 
Contracts involving the services of members of the medical or legal profession, architects, engineers, accountants, surveying or planning, or other personal services involving professional expert advice.
(7) 
Purchase of supplies and equipment required for parts or components being procured as replacement parts in support of equipment specifically designed by the manufacturer, where data available is not adequate to assure that the part or component is identical with the part it is to replace or where contemplated procurement is to match or complement equipment or components previously purchased.
(8) 
Purchase of technical, nonpersonal services in connection with the assembly, installation or servicing (or the instruction of personnel therein) of equipment of a highly technical or specialized nature.
(9) 
Purchase of items through the Maryland Department of General Services Office of State Procurement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Local preference. The Mayor and Council reserve the right to show preference to local bidders in the purchase of supplies, equipment and services. The amount shall not exceed 6% of the total amount bid or quoted. A "local bidder" is defined as an individual or business who maintains a place of business in the Town of Hancock or Washington County, Maryland; or maintains an inventory of merchandise in the Town of Hancock or Washington County, Maryland; is subject to real and/or property taxes payable to the Town of Hancock or Washington County, Maryland. Any local bidder in default on payments of any county, state or Town tax or license shall not be eligible to receive preference until all taxes and/or licenses due are paid. Notice of preference availability shall be included in the invitation to bid and in all advertisements.
All purchase estimated to be in excess of $100 shall be made by the Town Manager and/or other person designated by the Mayor and Council on a written purchase order form. Prior to making any such purchase, the Town Manager shall obtain verification of the availability of appropriated funds for the purchase and that funds have been budgeted for the amount of the estimated purchase. The Town Manager will also verify that these purchases are consistent with the needs of the Town and annual budget requirements.
The Town Manager may establish administrative simplified procedures for the purchase by department managers of supplies and services to support their departments' daily needs if the cost of supplies and/or services is less than $100. Such procedures may provide for the authorizing of such purchases to be made at the departmental level without prior approval of the Town Manager. Whenever purchases are authorized at the department level, it shall be the responsibility of the authorizing individual to ascertain that the purchase made shall not exceed the balance remaining of an appropriated fund and that the purchase is made in compliance with § 87-3.
A. 
All using departments shall submit to the Town Manager, at such times and in such forms as the Town Manager prescribes, reports showing stock levels of all supplies, parts and/or equipment which are no longer used or which have become obsolete, worn or scrapped.
B. 
The Town Manager shall have the authority to transfer surplus stock and/or equipment to other departments, as needed.
C. 
The Town Manager shall have the authority to sell all supplies and/or obsolete, worn equipment which has become unsuitable for public uses; or to exchange the same for, or trade in the same on, new supplies and/or equipment. Sales under this section shall be made to the highest responsible bidder, either through sealed bids or public sale.
If any provision of this chapter shall be deemed by a court of competent jurisdiction to be invalid, the remainder of the chapter shall remain in full force and effect.
The effective date of this chapter is October 6, 1995.[1]
[1]
Editor's Note: Former Chapter 16, Hancock Code, effective October 11, 1995, and recorded in Liber 0005, folio 00804, among the Acts, Ordinances and Resolutions of Towns in the Office of the Clerk of the Court for Washington County, Maryland.