[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]
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. Competitive bidding is required in
the procurement of insurance agents and consultants. 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;
[Amended 2-27-2007 by Ord. No. O-07-75]
(3)
Evidence of accreditation and good standing in a professional
standards association overseeing the discipline necessary to perform
the work;
[Amended 2-27-2007 by Ord. No. O-07-75]
(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.
[Added 3-27-2007 by Ord. No. O-07-87]
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.
[Added 5-8-2007 by Ord. No. O-07-96]
[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]
[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]
A.
Where the purchase is of insurance, a prequalification
process shall be undertaken inviting agents and brokers to submit
a questionnaire regarding their experience and qualifications. Only
firms which are, in the City's sole determination, qualified, shall
be selected for the bid process. Once an agent or broker is prequalified,
they shall remain prequalified for five years, unless that prequalification
is revoked by the City. When the City seeks to purchase insurance,
it shall select at least three agents or brokers from the qualified
bidders list. Each firm selected to bid shall submit common specifications
to their assigned insurance carriers. The City reserves the right
to assign carriers to qualified bidders for this purpose. Once submitted,
bids shall, wherever practicable, be a coverage period of three years.
All renewals of insurance policies and new insurance policies shall
be subject to this competitive bid process. The City may purchase
insurance through a qualified bidder without receiving competitive
bids if it is in the best interests of the City or if the coverage
sought is available only from limited markets or lines of coverage.
B.
Where the purchase is of self-insured claims administration
services the City may retain the successful bidder for as long as
services and fees remain favorable to the City before any renewal
of the bidding process is required. In determining the lowest responsible
bidder within the bidding procedure, the City may take into consideration
any costs of conversion involved.
[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]
[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.
