[HISTORY: Adopted by the Council of the Town of Mount Airy 6-4-1990 by Ord. No. 1990-5. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings set forth in this section:
- CAPITAL IMPROVEMENT
- Any public improvement undertaken by the Town, including construction or reconstruction in whole or in part of any road, bridge, street, building or water, sewer or storm drain facility or any similar structure or facility necessary in carrying out the activities of the Town government.
- CONTRACTUAL SERVICES
- Includes all types of services required by the Town but not furnished by its own employees except professional services which are in their nature unusual and not subject to competition and shall not include capital improvements.
- LOCAL BIDDER/CONTRACTOR/SUPPLIER
- A contractor or supplier which has bid or quoted a price,
or from which a bid or price quote is or may be solicited, for the
supply of services or goods to the Town pursuant to a contract awarded
pursuant to this chapter which has had a physical office or place
of business within the Town limits, or within the 21771 zip code for
Mount Airy, for at least 90 continuous days before the submission
of the bid or price quote to the Town.[Added 6-3-2019 by Ord. No. 2019-4]
- LOWEST RESPONSIBLE BIDDER
- The contractor or supplier that the Town Council or Purchasing Agent determines shall be awarded a contract for purchase of services or goods by the Town under this chapter in consideration of the factors set forth in § 26-9 below.[Added 6-3-2019 by Ord. No. 2019-4]
- PURCHASING AGENT
- The Mayor or such other person as may be designated as such in the Town Charter or by the Town Council.
- Includes all commodities, materials, equipment and all other articles or things furnished to be used by any department or Town official or employee, except supplies of an unusual or noncompetitive nature which shall not be subject to competitive bidding.
[Amended 6-3-2019 by Ord. No. 2019-4]
An emergency for purposes of this chapter, shall be deemed to exist when a breakdown in equipment, machinery and/or a threatened curtailment of essential services or a dangerous condition develops, or when any unforeseen circumstance arises causing curtailment or diminution of an essential service.
In cases of emergency, the head of the appropriate department or the Purchasing Agent may purchase directly the required supplies or services. The department head or Purchasing Agent shall, however, whenever practicable, obtain three competitive telephone bids, to include attempting to solicit a bid from at least one Local Bidder/Contractor/Supplier if one exists for the type of goods or services needed that is ready, willing and able to furnish a price quote and supply the goods or services within the time frame required. The Purchasing Agent shall order from the Lowest Responsible Bidder. A written record shall be prepared as promptly as possible concerning the circumstances of the emergency and a tabulation of any bids and the amount expended and shall be presented to the Council at its next meeting. The submission of a bid or price quote shall not create a binding contract on the Town. No binding contract is created until the Purchasing Agent of the Town approves the purchase. Information contained in bids or price quotes shall not be considered proprietary.
The Purchasing Agent shall endeavor to reduce emergency purchases to a minimum by use of service contracts or other arrangements for standby services.
[Amended 6-3-2019 by Ord. No. 2019-4]
[Amended 4-2-2007 by Ord. No. 2007-8; 3-5-2012 by Ord. No. 2012-2; 6-3-2019 by Ord. No. 2019-4]
All Supplies, Contractual Services and Capital Improvements, where the estimated cost exceeds $30,000 shall be purchased by formal written contract from the Lowest Responsible Bidder after public notice, as determined by the Purchasing Agent, inviting proposals. The following procedures shall be observed:
The Purchasing Agent shall cause appropriate written specifications to be prepared.
Advertisement to prospective bidders shall be given in at least one issue of a newspaper having general circulation in the Town at least 15 days before the date for the opening of bids. Such advertisement shall include a general description of the Supplies or Contractual Services involved or the Capital Improvement to be undertaken and shall state where bid forms and specifications may be obtained and state the place and time for opening bids.
Each bidder shall accompany his or her bid with a statement under oath that he or she has not been a party with any other bidder to bid a fixed or uniform price. Failure to so provide such a statement shall invalidate the bid. Any bidder seeking to qualify for consideration as a Local Bidder/Contractor/Supplier shall so specify and provide a statement under oath listing the offices or places of business qualifying the bidder/contractor/supplier for such status.
Bids shall be opened publicly by the Purchasing Agent who shall present all bids to the Council at its next meeting. No bid may be withdrawn within 30 days of the bid opening.
The Council, by motion, shall award the contract to the Lowest Responsible Bidder, except that the Council may reject all bids, parts of all bids or all bids for any one or more items included in the proposed contract whenever, in its judgment, the public interest will be served thereby.
All contracts shall be signed on behalf of the Town by the Mayor. The submission of a bid shall not create a binding contract on the Town. No binding contract is created until the Town Council approves award of the bid and until the Mayor signs the contract. Information contained in bids shall not be considered proprietary.
[Amended 10-7-2002 by Ord. No. 2002-24; 4-2-2007 by Ord. No. 2007-9; 3-5-2012 by Ord. No. 2012-2; 6-3-2019 by Ord. No. 2019-4]
Where the estimated cost of a contract for Supplies, Contractual Services and Capital Improvements exceeds $3,000 up to and including $30,000, the following procedure applies:
The Purchasing Agent shall cause appropriate written specifications, such as a list of items and/or services, to be prepared.
The Purchasing Agent shall follow the procedures in § 26-3, or, alternatively, may solicit informal bids by personal contact and/or by telephone. When practical and when circumstances reasonably allow, considering general availability of the items or services being purchased, sources available for the purchases and past experience with the vendor or manufacturer, at least two, preferably three, bids shall be obtained, which shall include attempting to obtain a bid from at least one Local Bidder/Contractor/Supplier if one exists for the type of goods or services needed that is ready, willing and able to furnish a price quote and supply the goods or services within the time frame required, in which case, so long as already budgeted by the Town Council, the Purchasing Agent may award the contract or reject bids as set forth in § 26-3. Nothing in the section shall be read to negate the need for purchases to be budgeted by the Town Council. Following any award, a written contract or purchase order shall be signed on behalf of the Town by the Mayor or designated Purchasing Agent. Bids may not be withdrawn within 30 days from the date of the bid. The submission of a bid or price quote shall not create a binding contract on the Town. No binding contract is created until the Purchasing Agent approves the purchase. Information contained in bids or price quotes shall not be considered proprietary.
[Amended 10-7-2002 by Ord. No. 2002-24; 4-2-2007 by Ord. No. 2007-10; 6-3-2019 by Ord. No. 2019-4]
When the cost of a contact for Supplies, Contractual Services and Capital Improvements is $3,000 or less, the Purchasing Agent may award the contract or reject bids as set forth in § 26-3 without Council approval. Whenever practical, the Purchasing Agent shall obtain telephone prices from at least two sources, which shall include attempting to solicit a price from at least one Local Bidder/Contractor/Supplier if one exists for the type of goods or services needed that is ready, willing and able to furnish a price quote and supply the goods or services within the time frame required. Nothing in the section shall be read to negate the need for purchases to be budgeted by the Town Council. A report of all such purchases shall be made to the Council at its next meeting. The submission of a bid or price quote shall not create a binding contract on the Town. No binding contract is created until the Purchasing Agent of the Town approves the purchase. Information contained in bids or price quotes shall not be considered proprietary.
[Amended 10-7-2002 by Ord. No. 2002-24]
The purchasing agent is authorized to exchange or trade-in obsolete equipment or surplus supplies in part of full payment for new supplies or equipment. All proposed trade-ins must be approved by the Council.
The purchasing agent may sell any Town owned items, including supplies, equipment and other materials which are determined to be surplus, obsolete or no longer needed. Such sale may be made, for items of $200 of value or more, only by the acceptance of sealed bids, which may be opened and accepted only after advertisement in at least one newspaper of general circulation in the Town at least 15 days prior to the date of opening of the bids and sale.
This provision shall not apply to materials sold to the general public, including commemorative items, collectible items, items marked with the Town Seal or name or items sold on behalf of the Historical Society.
[Added 10-4-2004 by Ord. No. 2004-9]
The Town may participate in, sponsor, conduct, or administer cooperative procurement agreements with one or more other public entities when the best interests of the Town would be served thereby.
The Town may contract with any contractor who offers goods, services, insurance, or construction on the same terms as provided other state, local or municipal governments or agencies thereof who have arrived at those terms through a competitive procurement procedure similar to the procedure used by the Town.
The Town may contract directly with other public entities for goods or services when such goods or services were obtained through competitive procurement procedures.
The Town may contract with any public entity to provide or receive any work or services of the type the Town or such other public entity performs for its jurisdiction
The Town may enter into agreements or memoranda of understanding with other public entities for the common use or lease of facilities upon terms agreed upon between the parties.
[Added 3-5-2012 by Ord. No. 2012-2]
Where the Town requires supplies, materials, or equipment which are produced or sold by only one manufacturer or vendor, or which cannot practicably be procured by the Town from any other source, the Town may specify such manufacturer's or vendor's supply, material or equipment in the Invitation to Bid and may obtain competitive bids from that manufacturer or vendor under the following conditions:
The Town must receive a letter from the manufacturer/vendor enclosing copies of all applicable patents and a statement setting forth the basis for the assertion that the manufacturer/vendor is the sole provider of such supplies, materials or equipment;
The purchasing agent has, after a good faith review of available sources, verified that there is only one responsible source for the required supplies, materials, or equipment;
Upon a finding that no reasonable alternative source exists other than the manufacturer/vendor asserted to be the sole source for the required supplies, materials or equipment, the purchasing agent shall negotiate in good faith in the best interests of the Town the price, delivery and other terms of such sole source purchase; and
The purchasing agent shall complete, sign and submit to the Town Clerk for recordkeeping in the regular course the Town's Sole Source Justification Form, as amended from time to time and available at Town Hall, attaching the letter from the manufacturer/vendor required in Subsection A(1) above, and therein provide a detailed justification for the sole source purchase to include the Town's need for the supply, material or equipment and the unique features of such supply, material or equipment which cause it to be available for purchase from only one manufacturer or vendor.
Where the Town requires the same supplies, materials, or equipment which are provided by a sole manufacturer/vendor, the Town may award the bid so long as the conditions set forth in Subsection A above are met and in accordance with the procedures, depending on the amount of the purchase, set forth in § 26-3, 26-4 or 26-5.
[Added 3-5-2012 by Ord. No. 2012-2; amended 7-1-2013 by Ord. No. 2013-10]
When the Town requires architectural and/or engineering services, the Town may:
Follow the procedures for purchases set forth in the sections of this chapter above; or
May choose to select such candidates on the basis of both qualifications and a proposal, and continue to award services to the successful candidate for a period up to five years, so long as:
The Town issues a combination Request for Qualifications (RFQ) and a Request for Proposals (RFP), which shall include, at minimum:
When the purchase of architectural and/or engineering services follows the RFQ/RFP method, the Town shall designate a Qualifications Review Committee of two or three members of Town staff to review all submissions of prospective candidates to determine the best successful candidate to perform requested services.
Whenever, by reason of revenue sharing or otherwise, state or federal laws or regulations apply to any anticipated contract for supplies, services or capital improvements, such laws or regulations shall prevail over any inconsistent provisions of this chapter.
[Amended 6-3-2019 by Ord. No. 2019-4]
In determining the Lowest Responsible Bidder under §§ 26-2, 26-3, 26-4 and 26-5, the Council or Purchasing Agent shall consider:
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
The quality of performance of previous contracts or services.
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
Whether the bidder is in arrears to the Town on debt or contract or is a defaulter on surety to the Town or whether the bidder's Town taxes or assessments are delinquent.
Whether the bidder qualifies as a Local Bidder/Contractor/Supplier whose bid is within 2%, but no more than $20,000, above the lowest bidder.
Such other information as may have a bearing on the decision to award the contract.