[Adopted 9-12-1972 (Secs. 2-156 and 2-162 through 2-164 of the 1972 Code)]
[Amended 9-12-1989; 9-26-2000]
A. 
The purpose of this article is to provide a set of procedures designed to obtain the best possible value for the necessary goods and services purchased by the Town of West Hartford, in accordance with Chapter VI, Section 2(c), (d) and (e) of the Town Charter. These procedures are further designed to take advantage of all prudent purchasing methods and opportunities and provide for the fair and equitable treatment of all persons involved in public purchasing by the Town of West Hartford. Nothing in this article should be construed as contradicting the Charter provisions of the Town of West Hartford. In the event of apparent conflict, the Charter provisions shall prevail.
B. 
This article applies to the purchase of all supplies, materials, equipment and other commodities and contractual services and construction (hereafter referred to as "products and services") required by any department, agency, board or commission of the Town, irrespective of the source of funds, except the purchase of specialized goods and contractual services for the purpose of instruction by the Board of Education and specialized library materials and services provided for public and staff access by the Library Board. Nothing herein contained shall be construed to prevent the Town Purchasing Agent from serving, to the extent requested, as the Purchasing Agent for all requirements of the Board of Education and Library Board.[1]
[1]
Editor's Note: Former Secs. 2-157 through 2-160, adopted as part of the 1972 Code and which immediately followed this section, were deemed superseded by an ordinance of 3-24-1981 by the former codifier, with former Sec. 2-158 the only section specifically repealed by said ordinance.
[Amended 12-13-1983; 10-27-1987; 9-12-1989; 6-28-1994; 9-10-1997; 9-26-2000]
A. 
As provided in the Town Charter and this article, the Purchasing Agent shall serve as the principal public purchasing official for the Town and shall be responsible for the procurement of all products and services for the Town. Subject to the limitations set forth in the Charter and in § 18-2 of this chapter, the Purchasing Agent shall have the authority to approve all contract specifications, prescribe the method of source selection to be utilized in the procurement of all products or services, award all contracts for products and services based on a determination of the bidder who offers the best value to the Town and shall have the authority necessary to enforce the purchasing provisions of the Charter and this article. In addition, the Purchasing Agent shall have the following specific duties:
(1) 
Inspect all supplies, material and equipment ordered by and delivered to the Town to ensure compliance with specifications and conditions affecting the purchase thereof or delegate the inspection thereof to such Town officials as are authorized to purchase said supplies, materials or equipment in accord with Subsection B of this section.
(2) 
Procure and award contracts for, or supervise the procurement of, all products and services needed by the Town and maintain custody and care of all contracts for goods and contractual services to which the Town is a party.
(3) 
Transfer between offices or sell, trade or otherwise dispose of surplus supplies, materials or equipment belonging to the Town.
(4) 
Prepare, issue, revise and maintain all bid specifications and establish and maintain programs for specification development and the inspection, testing and acceptance of products and services.
(5) 
Prepare and adopt operational procedures, in accordance with Chapter 34 of the Town Code of Ordinances, governing the procurement functions of the Town.
(6) 
Have the authority to declare vendors to be irresponsible bidders and to disqualify them from receiving any business from the Town.
(7) 
To cancel, in whole or in part, an invitation to bid, a request for proposals or any other solicitation or to reject, in whole or in part, any and all bids or proposals when it is in the best interests of the Town.
(8) 
To require, when necessary, bid deposits, performance bonds, insurance certificates and labor and material bonds or other similar instruments or security which protect the interests of the Town.
(9) 
Procure for the Town, School and Library Departments all federal and state tax exemptions to which they are entitled.
(10) 
Ensure that the Town, School and Library Departments are exempt from state fair trade laws as provided by the Connecticut General Statutes.
(11) 
Join with other units of government and with private sector organizations in cooperative purchasing plans when the best interests of the Town would be served.
B. 
Delegation to other Town officials. With the approval of the Town Manager, the Purchasing Agent may delegate any portion of the authority to purchase certain products and services to other Town officials if such delegation is deemed necessary and appropriate for the effective and efficient operation of Town government and for the procurement of those items. Such delegation shall be in writing and shall state the specific responsibilities and duties delegated. The Purchasing Agent may revoke such delegation, in writing, at any time. The person to whom such authority is delegated shall be responsible for complying with the requirements of the Charter, this article and any rules or regulations which may exist relating to the execution of the procurement process.
C. 
Methods of source selection.
(1) 
In accordance with Chapter VI of the Town Charter, unless otherwise prescribed by law, the Purchasing Agent shall take advantage of all prudent purchasing methods and opportunities available in the marketplace. This includes, but is not limited to, such methods as competitive sealed bids, competitive sealed proposals, competitive negotiation, sole-source procurement, small purchase procedures, credit card procedures, bulk ordering, emergency purchases, multistep bidding, internet purchasing, use of cooperative purchasing plans and public auctions.
(2) 
In deciding which method to utilize, the Purchasing Agent shall take into consideration the following factors:
(a) 
How to obtain the best value for the commodity.
(b) 
Whether or not to utilize a fixed-price or fixed-service contract under the circumstances.
(c) 
Whether quality, availability or capability is overriding in relation to price.
(d) 
Whether the initial installation needs to be evaluated, together with subsequent maintenance and service capabilities and what priority should be given these requirements.
(e) 
What benefits are derived from product or service compatibility and standardization and what priority should be given these requirements.
(f) 
Whether the marketplace will respond better to a solicitation permitting not only a range of alternative proposals, but evaluation, discussion and negotiation of them before making the award.
(g) 
What is practicable and advantageous to the Town.
(h) 
The availability of vendors.
(i) 
The efficiency of the process.
(j) 
The fair and equitable treatment of potential participants.
(k) 
The degree to which specifications can be made clear and complete.
(l) 
The timeliness of the process to the needs of the Town.
(3) 
The Purchasing Agent shall prepare and adopt rules and regulations pertaining to the policies and procedures to be followed in using any method of source selection.
D. 
Award of contract. The Purchasing Agent shall award a contract to the vendor who offers the best value to the Town. Best value shall be determined by consideration of some or all of the following factors as deemed appropriate by the Purchasing Agent:
(1) 
The quality, availability, adaptability and efficiency of use of the products and services to the particular use required.
(2) 
The degree to which the provided products and services meet the specified needs of the Town, including consideration, when appropriate, of the compatibility with and ease of integration with existing products, services or systems.
(3) 
The number, scope and significance of conditions or exceptions attached or contained in the bid and the terms of warranties, guaranties, return policies and insurance provisions.
(4) 
Whether the vendor can supply the product or service promptly, or within the specified time, without delay or additional conditions.
(5) 
The competitiveness and reasonableness of the total cost or price, including consideration of the total life-cycle cost and any operational costs that are incurred if accepted.
(6) 
A cost analysis or a price analysis, including specific elements of costs, the appropriate verification of cost or pricing data, the necessity of certain costs, the reasonableness of amounts estimated for the necessary costs, the reasonableness of allowances for contingencies, the basis used for allocation of indirect costs and the appropriateness of allocations of particular indirect costs to the proposed contract.
(7) 
A price analysis involving an evaluation of prices for the same or similar products or services. Price analysis criteria include, but are not limited to price submissions of prospective vendors in the current procurement, prior price quotations and contract prices charged by the vendor, prices published in catalogues or price lists, prices available on the open market and in-house estimates of cost.
(8) 
Whether or not the vendor can supply the product or perform the service at the price offered.
(9) 
The ability, capacity, experience, skill and judgment of the vendor to perform the contract.
(10) 
The reputation, character and integrity of the vendor.
(11) 
The quality of performance on previous contracts or services to the Town or others.
(12) 
The previous and existing compliance by the vendor with laws and ordinances or previous performances relating to the contract or service or on other contracts with the Town or other entities.
(13) 
The sufficiency, stability and future solvency of the financial resources of the vendor.
(14) 
The ability of the vendor to provide future maintenance and service for the use of the products or services subject to the contract.
(15) 
In the case of tie bids, local vendor to receive preference. If all bids received are for the same net total amount or unit price, the quality and service being equal and no evidence of collusion, the contract shall be awarded to a vendor having his or her or principal place of business located in West Hartford.
E. 
Common specifications and standards.
(1) 
In accordance with the Town Charter, all of the Town's departments, agencies, boards and commissions (including the Board of Education and Library Board) shall work together to identify common needs and establish standard specifications for the purchase of goods and contractual services which are commonly used by more than one department, agency, board or commission.
(2) 
The Purchasing Agent shall be responsible for identifying goods and contractual services common to the needs of the Town, School Department and libraries and their boards and commissions and for preparing and utilizing standard written specifications submitted for such goods and contractual services. After adoption, each standard specification shall, until revised or rescinded, apply alike in terms and effect to every purchase and contract for said goods or contractual service. The Town Manager may exempt any using agency of the Town, school or library from use of the goods or contractual services in such standard specification if, in the Town Manager's judgment, it is to the best interest of the Town, school or library to so do.
F. 
Sole source procurement and brand name specification.
(1) 
It is the policy of the Town to encourage fair and practicable competition consistent with obtaining the best possible value for the necessary products and services required by the Town. Since the use of sole source procurement or a brand name specification is restrictive, it may be used only when the Purchasing Agent makes a written determination that there is only one practical source for the required product or service or that only the identified brand name item or items will satisfy the Town's needs and the Town Manager concurs with such finding. A requirement for a particular brand name does not justify a sole source procurement if there is more than one potential vendor for that product or service.
(2) 
Any request by a using agency that procurement be restricted to one potential contractor or be limited to a specific brand name shall be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need.
(3) 
A record of all sole source procurements and brand name specifications shall be maintained. Sole source records shall list each contractor's name, the amount and type of each contract, a listing of the products or services procured under each contract and the effective dates of the contract. Brand name records shall list the brand name specification used, the number of suppliers solicited, the identity of these suppliers, the supplier awarded the contract and the contract price. These records for each fiscal year shall be submitted to the Town Council at the end of each fiscal year.
G. 
All purchases made and contracts executed by the Purchasing Agent shall be pursuant to a written or electronic requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the Director of Finance certifies that there is to the credit of such office, department or agency 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. This requirement may be deferred in the event that an emergency situation requires prompt action by the Purchasing Agent.
H. 
The responsible head of each department, office, institution, board, commission, agency or instrumentality of the Town, School or Library Departments shall certify, in writing, to the Purchasing Agent the names of such officers or employees who shall be exclusively authorized to sign requests for such respective department, office, institution, board, commission, agency or instrumentality, and all requests for purchases shall be void unless executed by such certified officers or employees and approved by the Purchasing Agent. The term "responsible head," as used herein, shall, in the case of the municipal authorities, be such member, members or committee thereof as shall be designated by appropriate resolution or order adopted by such municipal authorities. No undertaking shall be split into parts, by the requesting agent or otherwise, so as to avoid complying with any legal obligation or determination of the Purchasing Agent requiring the undertaking to be bid competitively.
I. 
Professional services. The procurement of professional services shall be exempt from any requirements for competitive sealed bidding. The Town Manager shall have the authority and responsibility to execute professional service contracts on behalf of the Town, except contracts for legal services, which shall be executed by the Corporation Counsel. All contracts for professional services shall be negotiated and executed in accordance with the following guidelines:
(1) 
A description of the professional services required shall be written for all requests for professional services. They shall be written in such a manner as to describe the requirements to be met, without having the effect of exclusively requiring a proprietary product or service, or procurement from a sole source, unless approved in accordance with the requirements of this article.
(2) 
The preferred method of obtaining professional services shall be through the use of competitive negotiation. The process used for the solicitation of proposals shall assure that a reasonable and representative number of vendors are given an opportunity to compete. The Town Manager may limit the number of qualified vendors considered and may approve solicitation by invitation or public notice.
(3) 
The award of a professional services contract shall be done in a manner designed to obtain the best possible value to the Town and with consideration of the factors listed in the subsection of this section titled "Award of contract."[1]
[1]
Editor's Note: See Subsection D above.
(4) 
Definition.
(a) 
"Professional services" are defined as:
[1] 
Work requiring knowledge of an advanced type in a field of study and which frequently require special credentialing, certification or licensure. Such areas include but are not limited to engineers, architects, appraisers, medical service providers, consultants, actuaries, banking services; or
[2] 
Work that is original and creative in character in a recognized field or artistic endeavor or requires special abilities and depends primarily on a person's invention, imagination or creative talent. Such fields or artistic endeavor include but are not limited to the following: health and fitness, cultural arts, crafts, ice skating, specialty area instructors; and
[3] 
Work that requires consistent exercise of independent discretion and judgment to perform according to their own methods and without being subject to the control of the Town except as to the result of the work.
(b) 
Professional service providers shall not be dependent on the Town as their sole client and must be clearly considered an independent contractor as opposed to an employee as defined by state and federal laws, regulations and court decisions.
J. 
Custody of contracts. All contracts for goods, contractual services and professional services to which the Town is a party shall be kept in the office of the Purchasing Agent and shall be under the care and custody of the Purchasing Agent unless the Purchasing Agent has delegated the authority to take custody of such a contract to another Town official in accord with Subsection B of this section. All other contracts to which the Town is a party or to which any officer or board, bureau or commission of the Town, acting in behalf of the Town, is a party shall be kept on file in the Town Clerk's office and shall be under the care and custody of the Town Clerk. When any officer, board, bureau or commission of said Town shall require any original contract in which the Town is interested, as aforesaid, the contract shall not be taken from the Town Clerk's or Purchasing Agent's office until such officer, board, bureau or commission has given a receipt therefor, and a copy of such contract shall be filed with the Town Clerk or Purchasing Agent as soon as the same can be made. The above provisions shall not apply when any such contract is needed for temporary use in the Town building and is returned on the same day that it is taken.
[Added 9-10-1997; amended 2-24-1998]
A. 
Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Purchasing Agent, after consultation with the appropriate library, Town or school agency and the Corporation Counsel, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The authority to debar shall be exercised in accordance with procedures promulgated by the Purchasing Agent.
B. 
Causes for debarment. The causes for debarment include the following:
(1) 
Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performing of such contract or subcontract;
(2) 
Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a Town contractor;
(3) 
Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals:
(4) 
Violation of contract provisions, as set forth below, of a character which is regarded by the Purchasing Agent, after consulting with the head of the operating department, to be so serious as to justify debarment action:
(a) 
Failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(b) 
A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or
(c) 
A history of delayed payments to or nonpayment to subcontractors, provided that failure to pay a subcontractor as a result of a pending dispute with regard to the work performed or amounts due shall not be considered for this purpose during the pendency of proceedings to resolve the dispute;
(5) 
Determination by the State Department of Labor that the contractor has not complied with the requirements of law relating to the payment of wages or other related matters;
(6) 
Any other cause the Purchasing Agent determines to be so serious and compelling as to affect responsibility as a Town contractor, including debarment by another government entity for any reasonable cause.
C. 
Decision. The Purchasing Agent shall provide the person with notice of his or her proposed written decision to debar. The proposed decision shall state the reasons for the action taken.
D. 
Notice of decision. The proposed decision under Subsection B(3) of this section shall be final and conclusive unless the person requests a meeting with the Purchasing Agent within 10 days of the mailing of the notice, which meeting shall be held within seven days of the request. Following said meeting, the Purchasing Agent shall review his or her proposed decision and shall notify by mail the person requesting the hearing of his or her final decision within seven days of said meeting.
[Added 10-10-1972; amended 1-25-1983; 6-28-1994; 10-10-1995]
A. 
It shall be the exclusive responsibility and duty of the Town Manager or his/her designee to contract for services of a broker to assist the Town in the procurement of insurance coverage, and said broker shall be designated as the "agent of record." In pursuit of this responsibility, the Town Manager or his/her designee shall solicit proposals for professional services from business firms licensed to perform, and otherwise capable of performing, such services in the State of Connecticut. Such proposals shall be based upon a comprehensive set of specifications included in a request for proposals (RFP) to be issued by the Town Manager or his/her designee as provided by this article, and said specifications shall include, at a minimum:
(1) 
A resume of the qualifications of the proposer.
(2) 
Documentation of the credentials of employees to be assigned to administer the account, including such areas as claims handling, loss prevention and safety administration.
(3) 
Evidence that the proposer is a full-service organization with expertise in and market access to all aspects of the Town's insured program and its retentions, as well as fully self-insured risks.
B. 
Proposals shall be made for a minimum period of three years, with an option to extend for two additional years at the discretion of the Town Manager or his/her designee. The final terms of service shall be set forth in contract form.
C. 
The procedure for the awarding of the contract for services of the agent of record shall be those customary for selecting a professional service firm as well as those outlined in this article. Remuneration shall be based upon the fee for services set forth in the proposals, which shall include estimates of elements of the total remuneration which may be drawn from commissions, where applicable, as well as separately proposed pricing for the administrative support services with respect to both insured and self-insured Town programs. The latter fees shall be stated on an hourly basis for services rendered.
[Added 11-15-1977]
At least one week prior to the public hearing on any capital project requiring the issuance of bonds or notes by the Town of West Hartford, the Town Manager shall submit to the Council a reasonably detailed briefing memorandum outlining the effect of the project on surrounding property owners and evaluating the environmental impact of the project, both during construction and upon completion. Said briefing memorandum shall include, but not be limited to, such matters as drainage, traffic, air pollution and vegetation.