[HISTORY: Adopted by the Town Council of the Town of North Smithfield 8-20-1973 (Ch. 6, Art. I, § 6-4, of the 1994 Code); amended 6-17-1996; 6-28-2021; 7-11-2023. Subsequent amendments noted where applicable.]
A. 
Definitions. The definition of the words in this chapter will have the same meanings as defined in R.I.G.L. § 45-55-4 whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.
B. 
Pursuant to R.I.G.L. § 45-55-9, procurements, not to exceed an aggregate amount of $10,000 for construction and $5,000 for all other purchases, may be made in accordance with the small purchase regulations promulgated by each municipality. These amounts shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index (CPI). If the amount of the procurement is more than $2,500, but no more than $5,000, the Finance Director shall attempt to secure three firm quotations from qualified vendors and award on the basis thereof. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this chapter. This chapter provides the small purchase regulations for the Town.
C. 
The Director of Finance of the Town, or his duly authorized representative, will perform the work of buying for the Town pursuant to rules and regulations herein established, according to which he shall purchase or contract for all supplies, materials, equipment, and the performance of any work or the furnishing of any materials, or both, required by any department, office, commission or agency of the Town, excluding the School Department. According to the provisions of this chapter, he shall establish and enforce specifications with respect to supplies, equipment, performance of any work or the furnishing of any materials, or both, and be responsible for the inspection of deliveries of supplies, equipment, performance, of any work, or the furnishing of any materials belonging to the Town.
A. 
Except as otherwise required by law, all contracts for the performance of any work or the furnishing of any materials, or both, not to exceed an aggregate amount of $5,000 as adjusted by CPI, and every purchase of goods, merchandise, or materials of any description, on behalf of the Town, or for the use by any officer, board, body, commission or department of the Town, excluding the School Department, shall be made by the Town Finance Director except as follows:
(1) 
Emergency method. In case of any public emergency, because of accident, injury or other cause requiring immediate action, the proper officers of the departments in charge may, with the approval of the Town Administrator and Town Council President, cause any necessary repairs to be made to any heating, plumbing, lighting, fire or waterworks apparatus or public drains or sewers, unrestricted by any provision of this chapter.
(2) 
Sole source of supply. Where more than one quotation or bid is not possible for reasons germane to the solution of the purchase, e.g., government surplus, property, etc.
B. 
A purchase requisition shall be completed containing the necessary information for the materials, furnishings, work to be performed, or both performance and materials, and of all goods or merchandise, and shall be submitted to the Finance Director after being signed by respective authorized department head.
C. 
Contracts; purchase orders.
(1) 
All purchases made and contracts executed on behalf of the Town shall be pursuant to a written requisition from the head of the office, department, commission or agency whose appropriation will be charged. No contract or order shall be issued to any vendor unless and until the Finance Department certifies that there is a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment, contractual services, or any combination thereof for which the contract or order is issued.
(2) 
A copy of the purchase order shall be surrendered to the vendor for all materials, goods, merchandise, performance of any work or the furnishing of any materials, or both, and said vendor shall issue a sales receipt signed by an individual authorized by the Finance Director to receive such goods, merchandise, materials and/or performance of any work. Said sales receipt shall be returned to the Finance Director and included with the purchase order and purchase requisition.
(3) 
The Finance Director shall purchase materials, goods, merchandise and all contracts for the performance of any work or the furnishing of any materials, or both, on authorized forms approved herein.
(4) 
A purchase order shall not be valid until all necessary information is included from the purchase requisition, including the price of the goods, materials or performance of any work, or any combination thereof, and signed by the Finance Director or his duly authorized representative.
(5) 
All purchase orders will be consecutively numbered and all corresponding contracts, sales slips, bids, or any papers pertinent to such purchase shall bear the number of said purchase order.
A. 
On any purchase of supplies, materials, equipment or contracts for supplies, materials, equipment or labor, not to exceed an aggregate amount of $5,000 as adjusted by CPI, the Town Council shall order advertising for bids to be posted on the Town's website and on such websites as said Finance Director in his/her discretion may determine.
B. 
A performance bond shall be required of any successful bidder in such an amount and with such surety as the Town Council may specify or ordain for the performance of their contract. All contracts for the performance of any labor or the furnishing of any materials, or both, or the sale of any goods, merchandise or personal property on behalf of the Town shall be awarded in this manner, unless the Town Council shall, by a three-fifths vote of the members thereof, in any case determine that it is impracticable to procure such work or materials, or both, by contract, or to effect such purchase as a result of competitive bidding.
C. 
The public advertisement referred to in this section shall be published at least five days prior to the public opening thereof and it shall state therein the activity or work solicited and specify by general description the essential characteristics of said article of work. The advertisement shall further designate the time, date and place for all prospective bidders to return their bid and public opening thereof.
D. 
All bids for work on materials, submitted pursuant to the provisions of this chapter, shall be submitted to the Finance Director in sealed envelopes or wrappers, which shall have endorsed thereon the title of the work, materials or supplies to which such bids relate.
E. 
All contracts in excess of $5,000 as adjusted by CPI, for "public works," as defined in R.I.G.L. § 37-13-1, as amended, shall be included in the requirements of this chapter. Contracts not to exceed an aggregate amount $5,000 as adjusted by CPI, for "public works" as defined in R.I.G.L. § 37-13-1, entitled "Labor and payment of debts by contractors," are not included in the requirement for competitive bidding, but any such contracts not to exceed an aggregate amount $5,000 as adjusted by CPI, although not requiring formal bids, may only be authorized after securing three firm quotations from qualified vendors.
F. 
The reception and opening of bids shall be promptly held at the advertised time, and shall be open to the public. The time for presenting bids shall end at the expiration of 15 minutes after such stated time of such meeting, and thereupon the bids shall be open by the Finance Director and other persons there present, and publicly read.
G. 
The Finance Director, by giving notice thereof in an advertisement for bids pursuant to this chapter, shall require every bidder to furnish with his bid a certified check or a satisfactory bond of a specified amount to secure the execution and delivery by him of his contract in writing in due form and any relevant bond required, if his bid is accepted by the Town Council. All bids with surety required shall be presented to said Finance Director at the place and time designated for opening of bids.
A. 
Any purchases not to exceed an aggregate amount of $5,000 as adjusted by CPI, may only be authorized by the Finance Director, Town Administrator, or their designee.
B. 
The award of any purchase or contract, in whole or in part, or any combination thereof, for which written sealed bids are required shall be made to either:
(1) 
The lowest responsible bidder consistent with the specifications; or
(2) 
The lowest responsible bidder consistent with the specifications whose bid or proposal is deemed most favorable to the Town by the Town Council.
C. 
The Finance Director shall store, if necessary, and distribute all supplies, materials, and equipment required by any department, office, commission and agency, transfer to or between departments, offices and agencies surplus, obsolete and unused supplies, materials and equipment and, subject to the approval of the Town Council, dispose of any such by sale of business. Whenever any department, office, commission, or agency of the Town shall purchase or contract for any supplies, equipment, performance of any work or the furnishing of any materials, or both, and contractual services, independently and contrary to the provisions of the Town Charter or the rules and regulations established thereunder, such order or contract shall be voidable by the Town.
D. 
No transaction which is essentially a unit either in terms of time or quantity shall be divided into a series of orders for the purpose of circumventing the requirement of the Town Charter for competitive bidding.
E. 
All bids received and operated by the Finance Director shall be summarized in writing and presented to the Town Council, along with the original bids, at their next regular scheduled meeting for their approval or rejection with the recommendation of the Finance Director noted thereon.
F. 
Responsible bidder or responsible offeror. In determining a responsible bidder or responsible offeror, in addition to price and responsiveness, the following factors may be considered:
(1) 
The ability, capacity and skill of the bidder or offeror to perform the contract or provide the service required;
(2) 
Whether the bidder or offeror can perform or provide the service promptly or within the time specified without a delay or interference;
(3) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder or offeror;
(4) 
The quality of performance of previous contracts or services;
(5) 
Previous and existing compliance by the bidder or offeror with laws and ordinances relating to the contract or service;
(6) 
The sufficiency of the financial resources and ability of the bidder or offeror 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 or offeror to provide future maintenance and service for the use of the subject contract;
(9) 
The number and scope of conditions attached to the bid or offer.
G. 
Bids, specifications, and all other factors being equal, preference shall be to a bidder whose residence or place of business is in the Town of North Smithfield.
H. 
An abstract of all bids submitted pursuant to this chapter shall be made and preserved by the Town Clerk.
I. 
No purchase or contract made or entered into other than in accordance with the provisions hereof shall be binding or enforceable against the Town of North Smithfield as provided in Article VII of the Town Charter or under the terms and conditions of this chapter.
J. 
All contracts before the Town Council regarding the awarding of bids shall proceed in the following manner:
(1) 
For contracts in excess of $25,000, a representative from the departments for whom the work will be done or under whose supervision the work will be conducted shall be present at said Town Council meeting, said representative being qualified and have sufficient documentation to answer questions regarding the proposed contract.
(2) 
For contracts in excess of $50,000, in addition to the provisions of Subsection J(1) hereof, a representative of the bidder in question shall also attend the Town Council meeting and shall be qualified to answer questions as posed by the Town Council as well as to provide adequate information should the Council so require.
Any failure to abide by the above provisions may result in inaction on the part of the Town Council with respect to the bid/contract presented for award.