[HISTORY: Adopted by the Town Council of
the Town of Coventry 11-12-1991 by Ord. No. 9-91-0181 as Ch. 2, Art. V,
of the 1991 Code. Amendments noted where applicable.]
The provisions of this article shall be known
as the "Purchasing Ordinance of the Town of Coventry, Rhode Island."
The purposes of this article are to prescribe
the manner in which the Town shall control the purchase of materials,
supplies, equipment and certain contractual services of the Town,
and to maintain a high ethical standard of all officers and employees
of the Town in connection therewith.
A.
CONTRACTUAL SERVICES
SUPPLIES
USING AGENCY
The following words, terms and phrases, when used
in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Includes maintenance service, contracts relating to office
and general equipment and leasing of office equipment, vehicles and
other equipment and the repair and maintenance of automotive, office
and other equipment, and the rental of automotive, office and general
equipment. The term "services" shall not include professional services
which are unique in their nature and are not subject to competition.
Includes all supplies, materials, equipment and contractual
services.
Any department, division, agency, commission, board, committee,
authority or other unit in the Town government using supplies or procuring
contractual services as provided for in this article.
B.
"Shall" is always mandatory and not merely directory.
There is hereby established a Purchasing Division
in the Department of Finance of the Town.
A.
It shall be unlawful for any Town officer or employee
to order the purchase of materials, supplies, equipment and contractual
services or make any contract within the purview of this article other
than through the Purchasing Agent, and any purchase, order or contract
made contrary to the provisions of this article shall not be approved
and the Town shall not be bound thereby.
B.
There shall be no exceptions by any using agency to the provisions of Subsection A of this section, except as may be specifically authorized by the Town Manager, in writing, stating the reasons for such exceptions.
C.
This section shall not apply to any emergency purchase
which is subsequently approved by the Purchasing Agent or Town Manager
upon justification by the using agency.
No contract or purchase shall be subdivided
to avoid the requirements of this article.
A.
All using agencies, either by or with the authorization
of the head of the department under which the using agency operates,
shall file with the Purchasing Agent detailed requisitions or estimates
of their requirements in supplies, equipment and contractual services
in such manner, at such time and for such future period as the Purchasing
Agent shall prescribe.
B.
A using agency shall not be prevented from filing
in the same manner with the Purchasing Agent at any time a requisition
or estimate for any supplies and contractual services, the need for
which was not foreseen when the detailed estimates were filed.
Except in cases of emergency, the Purchasing
Agent shall not issue any order for delivery on a contract or open
market purchase until the Director of Finance shall certify that there
is, to the credit of the department, office or agency involved, a
sufficient unencumbered appropriation balance to pay for the supplies,
materials, equipment or contractual services for which the contract
or order is to be issued.
Section 15.09 of the Charter, pertaining to disclosure of financial interest, is made a part of this article and incorporated in this article by reference.
A.
Generally.[1]
(1)
Except in the case of contracts for professional services,
before the Town makes any purchase of or contract for supplies, materials,
equipment and contractual services or work to be performed in excess
of $5,000, opportunity shall be given for competitive bidding after
public notice, under such rules and regulations and with such exceptions
as the Council may prescribe. No such transaction which is essentially
a unit shall be defined into a series of orders for the purpose of
circumventing the requirement of this section for competitive bidding.
(2)
All such purchases or contracts for more than $5,000
shall be awarded to the lowest responsible bidder, except that the
Purchasing Agent may be directed by the Council to reject any and
all bids and then to readvertise for bids.
(3)
All sales of personal property of the Town which has
become obsolete and unusable, and the estimated value of which exceeds
$5,000, except trade-in personal property, shall be accomplished by
formal contract to the highest responsible bidder after due notice
inviting proposals has been published as required by law.
B.
Notice inviting bids.
(1)
Notice inviting bids shall be published at least once
in a newspaper having general circulation in the Town, at least five
working days preceding the last day set for the receipt of proposals.
(2)
The newspaper notice required in this subsection shall
include a general description of the articles to be purchased or sold,
and shall state where bid blanks and specifications may be secured
and the time and place for opening bids.
C.
Solicitation of bids from bidders' list. The Purchasing Agent shall solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list, which the Purchasing Agent shall maintain, by sending them a copy of the newspaper notice provided for in Subsection B of this section, or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
D.
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.
E.
Sealing and identification of bids. Bids shall be
submitted sealed to the Purchasing Agent and shall be identified as
bids on the outside of the envelope.
F.
Opening of bids. Bids shall be opened in public at
the time and place stated in the public notices, and the opening shall
be witnessed.
G.
Bid tabulation. A tabulation of all bids received
shall be made, and shall be available for public inspection.
H.
Rejection of bids; readvertising.
(1)
The Town Manager shall have the authority to reject
any and all bids of $1,000 or less. If the bid is in excess of $1,000,
the Town Council reserves the right to reject any and all bids and
then to readvertise for bids.
(2)
If the lowest and best bid exceeds the budgeted amount and the Town Council does not make additional funds available, the appropriate authority designated in Subsection A of this section shall have the power to readvertise for bidding after making sufficient changes in the project plan to bring this cost within the limit of money available.
I.
Disqualification of bidders. The Purchasing Agent
shall have the authority to declare vendors who default their quotations
irresponsible bidders and to disqualify them from receiving any business
from the Town for a stated period of time.
J.
Waiver of irregularities in bids. The Town Council
shall have the authority to waive any and all irregularities in formal
bids.
All contracts, when the sum is $1,000 or less,
shall be awarded by the Purchasing Agent to the lowest and best bidder.
All contracts, when the sum is in excess of $1,000, shall be awarded
by the Town Manager to the lowest and best bidder. In addition to
price, there shall be considered the following:
A.
The ability, capacity and skill of the bidder to perform
the contract.
B.
Whether the bidder can perform the contract 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.
E.
The previous and existing compliance by the bidder
with laws and ordinances relating to the contract.
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
suppliers 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.
Awarding of contracts involving public construction
and improvements are not under the jurisdiction of the Purchasing
Division. All such contracts must be authorized by the Town Council
and must adhere to the formal bid and contract procedures contained
in this article or as required by the charter.
Bids, specifications and other factors being
equal, in awarding contracts and making purchases, preference shall
be given to the bidder whose place of business is located in the Town.
When an 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 Purchasing Agent and typed on the
tabulation sheet, which must be signed by the Purchasing Agent and
filed with the other papers relating to the transaction.
Award of all tie bids under $1,000 in value
shall be made by the Purchasing Agent. All tie bids in excess of $1,000
shall be awarded by the Town Manager, but the Town Council may authorize
the Town Manager to reject any and all bids.
A contractor or vendor shall provide a corporate
surety bond from a surety company authorized to do business in the
state to guarantee the full and faithful performance of his contract
obligations and the payment of labor and material expended pursuant
to the contract, whenever and in such amounts as is deemed necessary
by the Purchasing Agent. All such bonds shall be approved as to form
by the Town Solicitor.
A.
All purchasing of supplies, contractual services,
or other services and equipment where the total value is more than
$25 and less than $1,000, and all sales of personal property of the
Town which becomes obsolete and unusable where the total value is
less than $1,000 may be made in the open market, without newspaper
advertisement and without observing the formal purchasing or sales
procedures prescribed by this article, subject to the following provisions:
(1)
All open market purchases or sales shall, whenever
possible, be based on at least three competitive bids and shall be
awarded to the lowest responsible bidder in accordance with the standards
set forth in this article, or the highest responsible bidder in case
of a sale.
(2)
The Purchasing Agent may solicit either oral or written
bids for open market pricing or sale, but shall use all reasonably
available and current bidders' and suppliers' lists. All oral bids
in excess of $100 should, whenever possible, be confirmed in writing.
(3)
The Purchasing Agent shall keep a record of all open
market bids submitted in competition thereon, and such record shall
be open for public inspection.
B.
Field purchase orders for certain purchases, with
the approval of the Purchasing Agent, may be used by the departments
for immediate need of supplies, materials and contractual services
not to exceed the maximum value of $25.
In case of an apparent emergency which requires
immediate purchase of supplies, equipment or contractual services,
the Town Manager shall be empowered to authorize the Purchasing Agent
to secure by open market procedure as set forth in this article, at
the lowest obtainable bid, any supplies, equipment or contractual
services. The Town Manager has the authority to act under this section
in case of any emergency which might affect the health, safety and
welfare of the Town. Such action shall be reported in the next regular
meeting of the Town Council.
A.
Where standardization is determined to be desirable
by the Purchasing Agent, the purchase of materials, supplies and equipment
and certain contractual services may be negotiated with the written
approval of the Town Manager.
B.
The Purchasing Agent shall have the authority to join
with other units of government in cooperative purchasing ventures
where the best interest of the Town is served thereby, and the venture
is in accordance with Town and state law.
The head of the using agency shall have the
authority to submit requisitions to the Purchasing Agent for supplies
available under the terms of a price agreement contract made by the
Purchasing Agent.
A.
The Purchasing Agent or an authorized Town employee
shall inspect or supervise the inspection of or cause to be inspected
all deliveries of supplies, equipment or contractual services to determine
their conformance with the specifications set forth in the order or
contract.
B.
The Purchasing Agent shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection
to inspect all deliveries made to such using agencies under rules
and regulations which the Purchasing Agent shall prescribe.
C.
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 Town or of any outside laboratory, as deemed
necessary within the restrictions of this article, the Charter and
state laws.
A.
All using agencies shall submit to the Purchasing
Agent, at such times and in such form as he shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete or scrapped.
B.
The Purchasing Agent shall have the authority to transfer
surplus stock to other using agencies.
C.
The Purchasing Agent shall have the authority to sell
all supplies and equipment of a value less than $1,000 that have become
unsuitable for public use, or to exchange such supplies and equipment
for or trade in such supplies and equipment on new supplies and equipment.
Sales under this section shall be made to the highest responsible
bidder and be in conformance with competitive conditions. Sales of
supplies or equipment of value in excess of $1,000 shall require the
approval of the Town Manager. Sales in excess of $5,000 shall require
approval of the Town Council.
A.
The Purchasing Agent shall control and supervise storerooms
and shall administer the storerooms.
B.
Requisitions from supplies in a storeroom shall be
credited by the Purchasing Agent to the storeroom's revolving fund
by a charge against the appropriation of the using agency.
C.
The Purchasing Agent shall maintain a perpetual inventory
record of all materials, supplies or equipment stored in the storeroom.
A.
There shall be within the Department of Finance a
Purchasing Agent, who shall be the Town Manager or someone appointed
by him in accord with applicable personnel rules and regulations.
The Manager may appoint the Director of Finance as Purchasing Agent.
The Purchasing Agent shall perform all duties required by law and
such other duties as may be assigned, and shall have the powers and
duties prescribed by this article.
B.
The Purchasing Agent shall perform the duties specified
in this article in connection with the purchase of or contract for
all supplies, materials, equipment and contractual services as required
by any department, office or agency of the Town, including the School
Department, when duly authorized in accordance with purchasing procedures
as prescribed by this article and such rules and regulations as may
be adopted for the internal management and operation of the Purchasing
Division and other rules and regulations as shall be prescribed by
the Town Manager.
A.
The Purchasing Agent shall establish, and amend, when
necessary, all rules and regulations authorized by this article and
any others necessary to its operation not in conflict with this article.
B.
The Purchasing Agent is hereby authorized and directed
to adopt such written regulations and procedures as may be necessary
for the implementation of this article. Such regulations and procedures
shall become effective when approved in writing by the Town Manager.
Copies of the regulations shall be on file in the office of the Purchasing
Agent and also shall be made available for public inspection during
normal business hours.
The authority of the Purchasing Agent to negotiate
all purchases for all using agencies shall not be abridged, except
as required by the Charter or by state law.
A.
Procurement at least expense to Town. The Purchasing
Agent shall keep informed of current developments in pricing and secure
for the Town the highest quality in supplies, fixed charges and other
services and contractual services at the least expense to the Town.
B.
Encouragement of competition. The Purchasing Agent
shall discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
C.
Purchasing agent to keep informed on current trends
and pricing. The Purchasing Agent shall keep informed of current developments
in the field of purchasing, prices, market conditions and new products,
and secure for the Town benefits conducted in the field of purchasing
by other governmental jurisdictions, national technical societies,
trade associations having national recognition, and by private businesses
and organizations.
D.
Purchasing manual. The Purchasing Agent shall prescribe
and maintain a standard purchasing manual for all using agencies.
E.
Forms. The Purchasing Agent shall prescribe and maintain
such forms as he shall find reasonably necessary to the operation
of this article.
F.
Standard nomenclature. The Purchasing Agent shall
prepare and adopt a standard purchasing nomenclature for using agencies
and suppliers.
G.
Vendor's catalog file. The Purchasing Agent shall
prepare, adopt and maintain a vendor's catalog file. Such catalog
shall be filed according to materials and shall contain descriptions
of vendor's commodities, prices and discounts.
H.
Bulk purchases. The Purchasing Agent shall exploit
the possibilities of buying in bulk, so as to take full advantage
of discounts.
I.
Tax exemptions. The Purchasing Agent shall act so
as to procure for the Town all tax exemptions to which it is entitled.
J.
Cooperation with using agencies. The Purchasing Agent
shall cooperate with using agencies so as to secure for the Town the
maximum efficiency in budgeting and accounting.
