[HISTORY: Adopted by the Town Council of the Town of Elkton 6-19-1980 as Secs. 2-5-11 through 2-5-12 of the 1980 Code. Amendments noted where applicable.]
[Amended 2-20-2006; 11-20-2023]
The procurement policy applies to all purchases of goods and services through contracts, agreements, quotes, or purchase orders by the Town of Elkton. Competition should be sought to the maximum feasible degree in every situation. Departments are encouraged to work closely with the Treasurer's Office when sourcing goods and services. The Treasurer shall assist departments in obtaining the necessary bids, quotes, proposals, and contract documents. Departments shall provide the Treasurer's Office with any pertinent information that will assist in the procurement, including acceptable technical specifications.
[Added 12-15-2008]
The Town of Elkton hereby adopts the policies and procedures, mutatis mutandis, of the Virginia Procurement Act, § 2.2-4300 through § 2.2-4377 of the Code of Virginia (1950), and amendments thereto.
[1]
Editor's Note: Former § 31-3, Virginia Procurement Act (§ 2.2-4300 through § 2.2-4377), added 2-20-2006, was repealed 7-25-2007.
[Added 2-20-2006; amended 11-20-2023]
A. 
Spending ranges.
(1) 
$0 to $4,999. Department heads may authorize expenditures within the Department's budget, provided such expenditures do not exceed $4,999. No purchase order necessary; however, the Department ensures price reasonableness. (POs are not required unless requested by a vendor.)
(2) 
$5,000 to $29,999. Requires price comparisons from at least three vendors and approval of the Town Manager. Documentation is submitted to the Treasurer's Office and a purchase order is issued to the vendor.
(3) 
$30,000+. Town Council approval (extract of the official minutes), purchase order and formal solicitations for professional services (architects and engineers).
(4) 
$30,000+. Town Council approval (extract of the official minutes), purchase order and formal solicitations for goods and services.
B. 
Emergency purchases.
(1) 
During an emergency, a Purchase Order or contract may be awarded by the Town Manager without competitive bidding or competitive negotiation. However, it shall be made with as much competition as practicable.
(2) 
A written justification establishing the basis for the emergency and for the selection of the chosen vendor must be submitted by the department to the Town Manager prior to the purchase.
(3) 
For purchases with a total cost of $30,000 or greater, a written notice stating that the purchase is being awarded or has been awarded on an emergency basis, shall be publicly posted for ten (10) calendar days.
(4) 
The Town Manager shall notify the Town Council of all emergency procurements valued at $30,000 or greater.
[Added 12-15-2008]
A. 
The Town may enter into contracts without competition for the purchase of goods or services which are performed or produced by bona fide nonprofit organizations.
B. 
The Town may enter into contracts for legal services, expert witnesses, and other services associated with litigation or regulatory proceedings without competitive sealed bidding or competitive negotiation.
C. 
The Town may enter into contracts for special police work without competitive sealed bidding or competitive negotiation.
D. 
Professional services.
[Amended 12-16-2013; 11-20-2023]
(1) 
Formal solicitation procedures will be utilized for all professional service purchases of $30,000 or greater; and any other goods or services of $30,000 or greater.
Professional service is work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, or professional engineering.
(2) 
Town Council shall approve professional services valued at $30,000 or greater and all other goods and services valued at $30,000 or greater.
(3) 
The value of a purchase is defined as the total possible amount permitted under the contract. For example, if a contract is for one year at $30,000 with four possible one-year renewals priced at $10,000 a year, the overall purchase amount for purposes of the procurement policy would be valued at $70,000.
E. 
The Town may award contracts for published books, maps, periodicals and audio visual material related to training under $30,000 without competitive sealed bidding or competitive negotiation.
[Amended 12-16-2013]
F. 
The Town may enter into contracts for purchases of library books and legal publications without competitive sealed bidding or competitive negotiation.
G. 
Emergencies.
[Amended 12-16-2013; 11-20-2023]
(1) 
During an emergency, a purchase order or contract may be awarded by the Town Manager without competitive bidding or competitive negotiation. However, it shall be made with as much competition as practicable.
(2) 
A written justification establishing the basis for the emergency and for the selection of the chosen vendor must be submitted by the Department to the Town Manager prior to the purchase.
(3) 
For purchases with a total cost of $30,000 or greater, a written notice stating that the purchase is being awarded or has been awarded on an emergency basis, shall be publicly posted for 10 calendar days.
(4) 
The Town Manager shall notify the Town Council of all emergency procurements valued at $30,000 or greater.
H. 
If purchasing goods or services from an approved contract, no quotes are required (examples: county, state, other locality contracts, certain federal government GSA schedules and approved national cooperatives).
[Added 12-16-2013; amended 11-20-2023]
I. 
The Town may purchase goods or services that are produced or performed by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired or employment services organizations that offer transitional or supported employment services serving individuals with disabilities, without competitive sealed bidding or competitive negotiation.
[Added 12-16-2013]
[Added 12-15-2008; amended 12-16-2013; 3-27-2017; 11-20-2023]
A. 
Sole source.
(1) 
Upon a determination in writing that there is only one source practicably available, a contract may be negotiated to that source without competitive sealed bidding or competitive negotiations.
(2) 
Only the Town Manager and the Treasurer, in consultation with the Town Attorney, can determine if a sole source determination is appropriate.
(3) 
A public notice shall be posted for purchases valued at $50,000 or greater in a designated public area on the day the public body awards or announces its decision to award the contract, whichever occurs first.
B. 
Small purchases.
(1) 
All purchases valued under $4,999 shall be procured for best value and price.
(2) 
All purchases valued at $5,000 and greater require a purchase order.
A purchase order authorizes the purchase of goods or services. It is often the only contract document between the vendor and the Town. It must be carefully worded and accurately prepared to reduce errors and eliminate misunderstanding by both the Town personnel and the vendor.
(3) 
Purchases valued from $5,000 to $29,999 require a minimum of three price comparisons by email or fax. Documentation shall be submitted to the Treasurer's Office for the issuance of a purchase order. (All documentation shall be maintained in the Treasurer's Office for auditing purposes.)
(4) 
All purchases valued at $4,999 and under shall be procured for best value and price based on price comparisons from three vendors.
(5) 
All purchases valued at $5,000 and greater require price comparisons from three vendors and a purchase order.
A purchase order authorizes the purchase of goods or services. It is often the only contract document between the vendor and the Town. It must be carefully worded and accurately prepared to reduce errors and eliminate misunderstanding by both the Town personnel and the vendor.
(6) 
Purchases valued from $5,000 to $29,999 require a minimum of three price comparisons by email or fax. Documentation shall be submitted to the Treasurer's Office for the issuance of a purchase order. (All documentation shall be maintained in the Treasurer's Office for auditing purposes.)
[Added 3-27-2017; amended 11-20-2023]
A. 
Formal solicitation procedures will be utilized for all professional service purchases of $30,000 or greater; and any other goods or services of $30,000 or greater.
Professional service is work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, or professional engineering.
B. 
Town Council shall approve professional services valued at $30,000 or greater and all other goods and services valued at $30,000 or greater.
C. 
The value of a purchase is defined as the total possible amount permitted under the contract. For example, if a contract is for one year at $30,000 with four possible one-year renewals priced at $10,000 a year, the overall purchase amount for purposes of the procurement policy would be valued at $70,000.
D. 
Formal solicitation procedures will be utilized for all professional service purchases of $30,000 or greater; and any other goods or services of $30,000 or greater.
Professional service is work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, or professional engineering.
E. 
Town Council shall approve professional services valued at $30,000 or greater and all other goods and services valued at $30,000 or greater.
F. 
The value of a purchase is defined as the total possible amount permitted under the contract. For example, if a contract is for one year at $30,000 with four possible one-year renewals priced at $10,000 a year, the overall purchase amount for purposes of the procurement policy would be valued at $70,000.
[Added 11-20-2023]
Competition is not required for goods and services listed below:
A. 
Dues and subscriptions;
B. 
Registration/training fees for conferences/seminars;
C. 
Advertising and legal notices;
D. 
Contracts for legal services;
E. 
Contracts for employment; or
F. 
Purchases, telephone, electric or other utility services.
[Added 11-20-2023]
The intentional splitting of purchase requirements into smaller quantities with the intent of spreading the purchase order over a period of days, weeks or months in order to circumvent the competitive bidding process is prohibited.