[NRO 1975, T. 4, § 1601; NRO 1987, § 2-236; amended 11-26-1977 by Ord. No. O-77-278; 4-30-1979 by Ord. No. O-78-149; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 3-25-2008 by Ord. No. O-08-11; 4-9-2019 by Ord. No. O-19-040; 12-14-2021 by Ord. No. O-21-080]
The Purchasing Manager shall report to the Director of Administrative Services.
[NRO 1975, T. 4, § 1602; NRO 1987, § 2-237; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 10-26-1999 by Ord. No. O-99-139]
A. 
The City Purchasing Manager shall be the head and have general supervision of the purchases of the City. The Manager shall perform all duties required of a department head by law, and shall have the powers and duties prescribed by this article.
B. 
The Manager shall be appointed by the Mayor, in consultation with the Director of Administrative Services according to § 5-40.
[Amended 3-25-2008 by Ord. No. O-08-11; 4-9-2019 by Ord. No. O-19-040]
C. 
The Manager shall have the power and duty to purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the City, in accordance with purchasing procedures as prescribed by this article and such rules and regulations as the Manager shall adopt for the internal management and operation of the Department of Purchasing. Said procedures, rules and regulations shall be collected in a Purchasing Manual, which shall be reviewed annually and updated as necessary, and then provided to the Finance Committee.
[Amended 4-13-2010 by Ord. No. O-10-15]
D. 
The authority of the Manager to negotiate all purchases for all using agencies shall not be abridged by excepting any particular using agency, but he may delegate his authority in the best interests of the City.
E. 
Except as herein provided, it shall be unlawful for any City officers to order the purchase of any supplies or make any contract within the purview of this chapter other than through the Department of Purchasing, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the City officials, and the City shall not be bound thereby.
F. 
In addition to the purchasing authority conferred in Subsection C of this section and in addition to any other powers and duties conferred by this article the Manager shall:
(1) 
Minimum expenditure. Act to procure for the City the highest quality in supplies and contractual services, most advantageous to the City;
(2) 
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales;
(3) 
Rules and regulations. Establish, and amend when necessary, all rules and regulations authorized by this chapter and any other necessary to its operation;
(4) 
Purchasing analysis. Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations;
(5) 
Forms. Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this article;
(6) 
Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers;
(7) 
[1]Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage of discounts;
[1]
Editor's Note: Former Subsection F(7), Vendors' catalog file, was repealed 12-14-2021 by Ord. No. O-21-080. This ordinance also renumbered former Subsection F(8) through (13) as Subsection F(7) through (12), respectively.
(8) 
Tax exemptions. Act so as to procure for the City all tax exemptions to which it is entitled;
(9) 
Cooperation with Chief Financial Officer. Cooperate with the Chief Financial Officer so as to secure for the City the maximum efficiency in budgeting and accounting;
(10) 
Disqualification of bidders. Have the authority to declare vendors who default on their quotations, irresponsible bidders, and to disqualify them from receiving any business from the municipality for a stated period of time;
(11) 
Planning and review. Provide advice and assistance to City departments in the planning and review of contract specifications, terms and conditions, performance schedules, and other applicable contractual matters;
(12) 
Review of major purchasing actions. Establish and review procedures and guidelines for annual review of major ongoing purchasing actions.
[NRO 1987, § 2-237.1; added 4-11-1989 by Ord. No. O-89-116]
A. 
Solicitations utilized by the City or any agency thereof, including the School Department, for the purpose of soliciting bids, proposals, price quotations, or providing instructions to bidders, shall contain the following language:
"The City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sound. Due consideration will be given to the purchase of such products. If you are bidding on any such products which qualify, please so indicate in a cover sheet by item number and description."
B. 
Purchase order forms and requisition forms utilized by the City or any agency thereof, including the School Department, shall contain the following language:
"The City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sound. Due consideration will be given to such products."
C. 
The City further ordains that the above language shall be included on all indicated forms which are printed, ordered or obtained subsequent to the date of enactment of this section. The City Purchasing Manager and the business administrator of the School Department may continue to use current, on-hand supplies of forms until said supply is exhausted, or until replacement forms containing the above language are received, whichever occurs first.
[NRO 1975, T. 4, § 1603; NRO 1987, § 2-238; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
The Purchasing Manager is responsible for organizing and directing joint action by City departments and subdivisions to develop standardization, specification, inspection and testing policies and procedures as appropriate. Maximum use will be made of existing standards and specifications as available from public and private sector standards writing bodies.
[NRO 1975, T. 4, § 1604; NRO 1987, § 2-239; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
Except in cases of emergency, the Purchasing Manager shall not issue any order for delivery on a contract or open market purchase until the Chief Financial Officer shall have certified, after preaudit, that there is to the credit of the using agencies concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.
[NRO 1987, § 2-239.1; amended 10-26-1999 by Ord. No. O-99-139]
A. 
The City shall be obligated to pay for goods or services only to the extent that funds have been appropriated and encumbered for such purpose. The contractor in turn shall be obligated only so long as funds are available to pay for the goods and services it supplies. If the contractual agreement extends through one fiscal year of the City into the next year, the City's obligations thereunder shall be specifically limited to and shall be conditioned upon the appropriations for such following year. If the contractual agreement extends through one fiscal year of the City into the next year, the City's obligations thereunder shall be specifically limited to and shall be conditioned upon the appropriations for such following year.
[Amended 2-26-2008 by Ord. No. O-08-07]
B. 
A contract that extends from the current fiscal year into succeeding fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose shall be approved by the full Board of Aldermen before the contract shall become binding on the City.
[Added 12-28-2006 by Ord. No. O-06-64]
[NRO 1975, T. 4, § 1605; NRO 1987, § 2-240; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 10-26-1999 by Ord. No. O-99-139]
A. 
Any purchase order or contract within the purview of this article in which the Purchasing Manager or any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract the Finance Committee shall have the authority to waive compliance with this section when it finds such action to the best interests of the City.
B. 
The agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is, or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given to and for the benefit of the City as provided for elsewhere in the statutes.
C. 
Use of City resources or special pricing offered to the City for the personal benefit of City employees or officials is prohibited.
[NRO 1975, T. 4, § 1606; NRO 1987, § 2-241; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 2-10-2016 by Ord. No. O-16-001; 12-14-2021 by Ord. No. O-21-080]
Where the total price of a purchase is less than $5,000 it shall be the responsibility of the Purchasing Manager or Division Director, after adequate inquiry, to make the purchase on the basis of price and quality.
[NRO 1975, T. 4, § 1607; NRO 1987, § 2-242; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 10-26-1999 by Ord. No. O-99-139; 5-8-2007 by Ord. No. O-07-85; 2-10-2016 by Ord. No. O-16-001; 12-14-2021 by Ord. No. O-21-080]
Where the total price is greater than $5,000 but less than $25,000 purchase shall be made on the basis of evaluation of written price or rate quotations from an adequate number (a minimum of three where feasible) of suppliers. Such price and rate quotations shall be forwarded on suppliers' letterhead. A copy of the written bid specification from the requesting department must accompany the requisition for purchase and the quotation package. The Purchasing Manager shall have the authority to award contracts based on information received or to reject the requisition and require a public bidding process.
[NRO 1975, T. 4, § 1608; NRO 1987, § 2-243; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 10-26-1999 by Ord. No. O-99-139; 5-8-2007 by Ord. No. O-07-85; 10-9-2012 by Ord. No. O-12-022; 6-10-2014 by Ord. No. O-14-021; 12-14-2021 by Ord. No. O-21-080]
A. 
All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed $25,000 shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids. All sales of personal property which has become obsolete or unusable, when the estimated value shall exceed $5,000, shall be sold by formal written contract to the highest responsible bidder, after due notice inviting bids.
B. 
Notice inviting bids shall be posted in two appropriate places, one of which shall be on the City's internet website at least five days preceding the last day set for the receipt of bids. The notice required herein shall include a general description of the articles to be purchased or sold. The Manager shall also advertise all pending purchases or sales by a notice posted on a public bulletin board in the City Hall.
(1) 
For all pending purchases or sales by sealed bids, the notice shall state where bid blanks and specifications may be secured, and the time and place for opening bids. The Manager shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list, which the Manager shall maintain, by sending them a copy of such 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.
(2) 
For all online sales of surplus stock authorized under § 5-88, the notice shall provide the website name and web address of the firm conducting the online auction on behalf of the City. Prior to an item being released to the winning bidder, the Manager will ensure that the winning bidder or his agent has signed a bill of sale.
C. 
When deemed necessary by the Manager, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the agent has required such. A successful bidder shall forfeit any surety required by the Manager upon failure on the bidder's part to enter a contract within 10 calendar days after the award.
D. 
Sealed bids shall be submitted to the Manager and shall be identified as bids on the envelope. Bids shall be opened in public either in person or virtually in an open forum that has been publicly announced at the same time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection.
E. 
The Manager shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
F. 
The Manager shall not solicit a bid from a contractor who is in default on the payment of taxes, licenses or other monies due the City nor shall any vendor who has been debarred from participation in any state or federal program be considered for a bid award.
G. 
The Manager shall have the authority to award contracts within the purview of this article. Contracts shall be awarded to the lowest responsible bidder. In determining lowest responsible bidder, in addition to price, the Manager shall consider:
(1) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(2) 
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) 
The quality of performance of previous contracts or services;
(5) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(6) 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
(7) 
The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
(8) 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(9) 
The number and scope of conditions attached to the bid; and
(10) 
The amount of total direct and indirect costs which would accrue to the City on account of the bid.
H. 
When the 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 Manager and filed with the other papers relating to the transactions.
I. 
If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. In the event identical bids are submitted by local vendors, the Manager shall award the contract to one of the bidders by drawing lots in public. Local preference for bidders or products may be given only when there is no sacrifice or loss in quality, performance, or service.
J. 
The Manager shall have the authority to require a performance bond, before entering a contract, in such amount as he shall find reasonably necessary to protect the best interest of the City.
K. 
No contract or purchase shall be subdivided to avoid the requirements of this section.
L. 
Contracts for rental, leases, and lease/purchase shall be subject to the regular requirements for competition.
M. 
The requesting department and the Purchasing Manager shall have the authority to competitively purchase brand name product(s) and product(s) produced by a single manufacturer, by sealed bid. The Purchasing Manager shall submit a statement of justification for purchasing a brand name product or a product produced by a single manufacturer together with the recommendation for award of the purchase. Where a particular brand name product or a product produced by a single manufacturer is required but cannot be competitively bid, the special purchase procedures of § 5-84 shall apply.
[Added 6-10-2014 by Ord. No. O-14-021]
A. 
Application of preferences.
(1) 
A local preference may be applied to all requests for bids, requests for proposals, and requests for quotes for the purchase of goods or services or for the award of concession contracts, provided that the exercise of a local preference does not apply to a bid that is more than 105% of the lowest qualified bid, if the lowest qualified bid is less than $10,000; or more than 103% of the lowest qualified bid, if the lowest qualified bid is $10,000 or more.
(2) 
A local preference shall not be applied to any solicitation for a purchase or concession contract when the expenditure of federal funds designated for the contract is involved, or when state funds are expended and State of New Hampshire laws or rules regarding the expenditure of state funds designated for the contract do not allow such preference.
(3) 
Nothing in this section shall create a requirement to give a local preference if, in the opinion of the City Purchasing Manager quality, performance, or service would be sacrificed by the exercise of such preference.
B. 
"Local" as used in this ordinance shall mean any business that conducts substantial business from a location in the City of Nashua, or employs a substantial number of residents of the City of Nashua, or is principally owned by residents of Nashua, or is otherwise believed to bring substantial benefit to the local economy of the City of Nashua.
C. 
Eligibility for preferences.
(1) 
To qualify for a local preference, the bidder must submit verifiable information certified by the bidder with its offer, unless an alternative method of pre-offer certification is established by the City Purchasing Manager, that the bidder is local.
(2) 
If necessary the City Purchasing Manager may seek additional information or proof to verify the bidder's eligibility. The bidder must timely provide any requested information to be eligible for the preference.
(3) 
The principal bidder, or a subcontractor whose portion of the bid exceeds 50% of the value of the contract, may qualify an offer for a preference.
[NRO 1975, T. 4, § 1609; NRO 1987, § 2-244; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50]
A. 
In the case of contracts for the construction, reconstruction, alteration, repair or refurbishing of real property a determination of the responsibility of interested contractors may precede the issuance of invitations to bid. Invitations to bid shall be issued only to firms which have, in the City's sole determination, been prequalified. The department or agency involved shall establish rules and regulations which govern prequalification of bidders. Such rules and regulations shall take into consideration the following:
(1) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(2) 
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) 
The quality of performance of previous contracts or services;
(5) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(6) 
The sufficiency of the financial resources and ability of the bidder 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 to provide future maintenance and service for the use of the subject of the contract;
(9) 
The number and scope of conditions attached to the bid; and
(10) 
The amount of total direct and indirect costs which would accrue to the City on account of the bid.
B. 
These rules and regulations may also include other special considerations as may be authorized by law.
[NRO 1975, T. 4, § 1610; NRO 1987, § 2-245; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50]
The purchasing agency shall reserve the right to reject any and all bids together with the right to negotiate with the lowest responsible bidder for a lower bid price.
[NRO 1975, T. 4, § 1611; NRO 1987, § 2-246; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 10-26-1999 by Ord. No. O-99-139]
In cases where competitive sealed bidding is not practical, the Purchasing Manager may authorize that a purchase be made on the basis of the evaluation of competitive proposals and resultant competitive negotiations. The determination by the Purchasing Manager that the use of sealed bidding is not practical shall be in writing and consider factors such as the following:
A. 
Whether the cost to develop formal technical bid specifications sufficient to ensure open competitive bids would make the total cost of the procurement excessive;
B. 
Whether the proposed purchase is to be accompanied by land development, or other related economic transactions, so that the bid price may not accurately reflect the total economic effect of the purchase;
C. 
Whether the product or service is specialized or custom-produced, and the development of terms, conditions, specifications, and other provisions specifically defining and governing the procurement requires interaction with prospective suppliers; or
D. 
Whether any responsible bidder has submitted a bid in response to an invitation to bid.
[NRO 1975, T. 4, § 1612; NRO 1987, § 2-247; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 10-26-1999 by Ord. No. O-99-139; 12-10-2002 by Ord. No. O-02-100]
A. 
On determination by the Purchasing Manager that competitive sealed bidding is not practical and that the purchase should be made on the basis of the evaluation of competitive proposals and competitive negotiations the Purchasing Manager and using agency shall:
(1) 
Develop general terms and conditions and specifications for the product or service required.
(2) 
Indicate in the request for proposals the relative importance of price and other significant evaluation factors which shall be considered.
(3) 
Provide adequate public notice as in the case of competitive sealed bids.
(4) 
Require submittal of cost or pricing data and conduct evaluation of such data necessary to negotiation of a final price.
B. 
After evaluation of competitive proposals, written or verbal negotiations may be conducted with one or more parties who have submitted proposals. Such negotiations are designed to achieve terms and conditions most favorable to the City. Such negotiations need not be conducted where time constraints preclude additional negotiations or where acceptance of an initial offer without discussion would result in fair and equitable prices and further negotiations would not result in terms and conditions substantially more favorable to the City. Purchase requirements with a final negotiated price exceeding $25,000 shall be presented to the Finance Committee for approval prior to contract award pursuant to § 5-90B and C.
[Amended 1-22-2019 by Ord. No. O-18-031]
[NRO 1975, T. 4, § 1613; NRO 1987, § 2-248; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 3-10-1998 by Ord. No. O-98-05; 10-26-1999 by Ord. No. O-99-139; 2-27-2007 by Ord. No. O-07-75; 3-27-2007 by Ord. No. O-07-87; 5-8-2007 by Ord. No. O-07-96; 8-13-2024 by Ord. No. O-24-021]
A. 
In the purchase of accounting, architectural, auditing, engineering, legal, medical and ambulance services and purchases of independent professional consultant services for personnel, data processing, actuarial, planning, management and other comparable purchases competitive bidding shall not be required. The Finance Committee, upon recommendation of the Purchasing Manager and using agency, shall award the contract after considering the following:
(1) 
Price;
(2) 
Specific experience with similar projects; or earlier phases of the same project;
(3) 
Evidence of accreditation and good standing in a professional standards association overseeing the discipline necessary to perform the work;
(4) 
Background and experience of staff members who would be assigned to the job;
(5) 
Availability;
(6) 
Locality of firm;
(7) 
Ability to communicate ideas;
(8) 
Ability to supply all of the major disciplines necessary to perform the work;
(9) 
Qualifications of subcontractors;
(10) 
Conceptual design;
(11) 
Accuracy of the firm in estimating time and cost requirements.
B. 
Private sector architects, engineers, designers, and drafters preparing specifications for public contracts shall adhere to the requirements for open and nonrestrictive specifications to allow full competition during the construction or production phase.
C. 
Professional services shall be solicited with a written statement that includes at a minimum, the services required and the schedule of performance. Responses to solicitations shall contain, at a minimum, the services to be provided, the schedule of performance, the hourly rate(s), and/or a not-to-exceed (NTE) contract price as appropriate, and any exceptions to the solicitation. The Purchasing Manager shall submit both documents to the Finance Committee together with the recommendation for award of the contract.
D. 
When design services and construction services are to be by separate contracts, private sector consultants and contractors who prepare designs and specifications for architectural, engineering, information technology and construction products and services shall be prohibited from bidding on and providing those products and services. Such consultants and contractors may participate in the construction, production or implementation phases including inspection, integration, field testing, acceptance testing, documentation, training and maintenance and in the management oversight over those services.
[NRO 1975, T. 4, § 1614; NRO 1987, § 2-249; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43; 10-26-1999 by Ord. No. O-99-139; 12-10-2002 by Ord. No. O-02-100]
A. 
The competitive bidding process shall not apply to the following special purchases:
(1) 
Purchases required in the event of any emergency as defined in § 5-90 which necessitates the immediate purchase of goods or services.
[Amended 12-11-2007 by Ord. No. O-07-146]
(2) 
Purchases where the cost of the service is fixed by law.
(3) 
Purchases which can be procured through cooperative intergovernmental purchase agreements with other government jurisdictions.
(4) 
Sole-source procurements, where the proposed purchase is manufactured by only one company or where a sole company's product offers proprietary features or technology necessary for the City's requirements.
[Amended 12-14-2021 by Ord. No. O-21-080]
(5) 
Purchases from a sole manufacturer, where it is determined to be more efficient and economical to reduce costs of maintenance of additional repair parts, supplies or services.
(6) 
Purchases which have been preceded by competitive sealed bidding, where no responsible bidder has responded.
(7) 
Purchases under extensions of contracts when no price increase exceeds 10% per year and where a market change has not reduced pricing in the product category.
[Amended 12-14-2021 by Ord. No. O-21-080]
(8) 
Purchases under intergovernmental agreements or contracts which require use of procurement procedures inconsistent with the provisions of this section.[1]
[1]
Editor's Note: Former Subsection A(9), which immediately followed this subsection, was repealed 12-11-2007 by Ord. No. O-07-146. This ordinance also renumbered former Subsection A(10) as A(9), respectfully.
(9) 
Purchases of undercover vehicles, excluding marked and unmarked police cruisers, and similar equipment items whose identity and source if disclosed could endanger Police Department personnel, shall be considered only in nonpublic session pursuant to NH RSA 91-A. The purchase request and Finance Committee agenda shall identify the purchase as "Special Police Department Purchase," identify only the price, and shall be authorized in writing by the Chief of Police whose authorization shall be submitted to the Finance Committee together with the Purchasing Manager's request for approval.
[Added 5-8-2007 by Ord. No. O-07-92]
(10) 
Commodity items which are generally available for a publicly advertised price in national or online sources, and are not customized by the vendor for individual purchasers.
[Added 3-24-2015 by Ord. No. O-15-044]
B. 
The purchasing file shall be documented to provide justification for use of the above exceptions. Additionally, within 10 working days of any such purchase exceeding $25,000, the Purchasing Manager or using agency shall give written notice to the Finance Committee.
[Amended 1-22-2019 by Ord. No. O-18-031]
[1]
Editor's Note: Former § 5-84, Insurance, NRO 1975, T. 4, § 1615; NRO 1987, § 2-250; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 3-10-1998 by Ord. No. O-98-05; was repealed 8-13-2024 by Ord. No. O-24-021.
[NRO 1975, T. 4, § 1616; NRO 1987, § 2-251; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
The head of any using agency shall have the authority to submit requisitions to the Manager for supplies available under the terms of a price agreement contract made by the Purchasing Manager.
[NRO 1975, T. 4, 1617; NRO 1987, § 2-252; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
A. 
The Purchasing Manager shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
B. 
The Manager 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 Manager shall prescribe.
C. 
The Manager 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 Manager shall have the authority to make use of laboratory facilities of any agency of the City government or of any outside laboratory.
[NRO 1975, T. 4, § 1618; NRO 1987, § 2-253; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
A. 
All using agencies shall submit to the Purchasing Manager, at such times and in such form as he shall prescribe, reports showing stocks of all supplies which are not longer used or which have become obsolete, worn out or scrapped.
B. 
The Manager shall have the authority to transfer surplus stock to other using agencies. The Manager shall have the authority to sell, by sealed bid or online auction, all supplies which have become unsuitable for public use, or to exchange the same for, or trade in the same on, new supplies.
[Amended 10-9-2012 by Ord. No. O-12-022]
C. 
Sales by sealed bid or online auction under this section shall be made to the highest responsible bidder and in conformance with § 5-78.
[Amended 10-9-2012 by Ord. No. O-12-022]
D. 
With approval of the Finance Committee, the Purchasing Manager may donate, barter, gift or otherwise dispose of surplus material, stock or equipment which has failed to be sold, exchanged or traded pursuant to Subsection B.
[Added 12-11-2007 by Ord. No. O-07-150]
[NRO 1975, T. 4, § 1619; NRO 1987, § 2-254; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 6-28-1988 by Ord. No. O-88-43]
The Purchasing Manager shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served thereby. He shall also have the authority to establish the conditions and terms under which supplies, materials and services are acquired from federal, state, school and prison sources, and from workshops of the blind and other handicapped, and to negotiate the prices of such purchases.
[NRO 1975, T. 4, § 1620; NRO 1987, § 2-255; amended 11-26-1977 by Ord. No. O-77-278; 4-22-1986 by Ord. No. O-86-50; 10-26-1999 by Ord. No. O-99-139; 12-10-2002 by Ord. No. O-02-100; 1-9-2007 by Ord. No. O-06-36; 11-30-2006 by Ord. No. O-06-48; 12-11-2007 by Ord. No. O-07-146]
A. 
The requirements of this article are intended to benefit the City and not to vest in any individual or enterprise any right to do business with the City or create any cause of action based thereon. The Finance Committee, for contracts that do not exceed $1,000,000, and the Board of Aldermen, for contracts that exceed $1,000,000, may waive compliance with any of the provisions of this article when the best interests of the City would be served thereby. The approval of any contract or payment by the Finance Committee or the Board of Aldermen shall constitute a waiver as herein provided.
B. 
The recommendation for award of a bid or proposal submitted by the Purchasing Manager shall include the number of firms solicited, a summary of the prices offered, the recommended firm to receive the award with appropriate rationale and the fund account to be used.
C. 
Finance Committee approval shall be obtained prior to the award of contracts exceeding $25,000. This does not preclude the Purchasing Manager from seeking Finance Committee approval or providing advisement to the committee for purchase awards less than $25,000 when considered appropriate. Approval of a bid or contract award by the Finance Committee or Board of Aldermen generally shall be complete and final.
[Amended 1-22-2019 by Ord. No. O-18-031]
D. 
Finance Committee approval authority shall not be evaded for items that have been disapproved by the Finance Committee by subsequent segmentation, partitioning, phasing or reduction into increments below the value stated in Subsection C. The Finance Committee shall retain approval authority for any purchase of goods or services that have been previously disapproved by the Finance Committee.
E. 
Approval by the Finance Committee of a contract award in excess of $1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting for final approval prior to award of the contract.
F. 
Unless specifically directed by the Finance Committee to withhold issuance until passage by the full Board of Aldermen, the purchase order or other such contractual agreement in an amount not exceeding $1,000,000 may be issued immediately following the approval of award by the Finance Committee. The purchase order or other such contractual agreement in an amount exceeding $1,000,000 may be issued following the period for reconsideration under the Board of Aldermen’s rules.
G. 
The Mayor may determine that an immediate contract award is necessary to protect the public health or safety or to avoid substantial financial loss to the City and that the circumstances do not permit the convening of a special meeting of the Finance Committee or the Board of Aldermen in time to deal with the emergency. The written finding, specifying in detail the reason for the contract, the need for immediate action, and the contract terms and amounts, shall be addressed to the Board of Aldermen and filed with the City Clerk, in which event award of the contract may be made immediately by the Mayor without aldermanic approval, and shall be presented to the Finance Committee at its next meeting for review.
H. 
For the sealed bids of a major purchase submitted in accordance with § 5-78, the requesting department shall provide the Purchasing Manager with the tabulated comparison between the solicited specifications and the specifications offered by the recommended bidder(s), noting differences, if any, and submit with the purchase request to the Finance Committee for approval.
[NRO 1987, § 2-256; amended 2-25-2003 by Ord. No. O-03-140; 12-11-2007 by Ord. No. O-07-146; 5-27-2014 by Ord. No. O-14-01; 1-22-2019 by Ord. No. O-18-031; 12-14-2021 by Ord. No. O-21-080]
For any contract previously approved by the Finance Committee, the Mayor shall inform the Finance Committee of any substantial amendment to the contract terms, change in intent of originally approved scope of work, or if the contract was terminated or has been delayed by more than one year. No contract may be amended as to its scope of work or so as to increase sums payable to the contractor, without Finance Committee approval for amendment amounts exceeding $25,000; and without the Board of Aldermen approval for amendment amounts exceeding $1,000,000, except that the Mayor may approve changes in the scope of work and/or sums payable to a contractor if all of the following conditions are met:
A. 
The Mayor determines an emergency exists as defined in § 5-90G that requires immediate award of an amendment to an existing contract, and follows the notification procedure prescribed in that subsection;
B. 
The increased sums authorized are available from existing appropriations and do not exceed $100,000; and
C. 
The Mayor makes a written finding that an immediate contract amendment is required to protect the public health or safety or to avoid substantial financial loss to the City and that the circumstances do not permit the convening of a special meeting of the Finance Committee in time to deal with the crisis. The written finding, specifying in detail the reason for the change, the need for immediate action, and the changed contract terms and amounts, shall be immediately filed with the City Clerk, and shall be presented to the Finance Committee at its next meeting for review.
[Added 12-12-2006 by Ord. No. O-06-45; amended 8-10-2010 by Ord. No. O-10-26; 4-9-2019 by Ord. No. O-19-040]
For major purchases and contracts solicited in accordance with § 5-78 which include computers or communications equipment or related software, including but not limited to workstations, servers, surveillance equipment and wired and wireless transmission equipment, the Information Technology Department shall participate in the purchasing process, providing advice, input, and recommendations, which will be so noted on the purchasing memorandum.