CHAPTER 33:  PURCHASING

Section

   33.01   In general

   33.02   Exclusive service

   33.03   Bidding

   33.04   Determination of lowest responsible bidder

   33.05   Performance bond

   33.06   Emergency purchases

   33.07   Forms

   33.08   Professional services

   33.09   Cooperative purchasing

   33.10   Purchases from Mayor or Council members

§ 33.01 IN GENERAL.

   (A)   The Town Manager shall be the purchasing agent for the town.

   (B)   No purchase or contract for services of any kind or description, payment for which is to be made from funds of the town, shall be made by the purchasing agent, or any officer, employee or agent of the town, except in the manner set forth in this chapter, and unless said purchase is in accordance with the adopted town budget.

      (1)   Under $1,000. Whenever any contemplated purchase or contract for services is for the sum of less than $1,000, the purchasing agent may order the item as needed without further formality.

      (2)   $1,000 to $2,499 inclusive. Whenever any contemplated purchase or contract for services is for the sum of at least $1,000 but not more than $2,499, the purchasing agent shall solicit at least three bids for the item or service. Said solicitation may be orally obtained by him or her, and he or she may then award the purchase or contract of service to the lowest responsible bidder.

      (3)   $2,500 to $9,999 inclusive. Whenever any contemplated purchase or contract for services is for the sum of more than $2,500 but less than $9,999, the purchasing agent shall solicit at least three written bids for the item or service on bid forms and award the purchase or contract of services to the lowest responsible bidder.

      (4)   $10,000 and over. Whenever any contemplated purchase or contract for services, except for professional services as defined in § 33.08, is for the sum of $10,000 or more, the purchasing agent shall cause to be published in two issues of a newspaper of general circulation, notice inviting bids, which notice shall be published at least five days prior to the date set for the receipt of the bids. The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, the purchasing agent shall post a notice inviting bids in the Town Hall, and may also mail to responsible prospective suppliers a copy of the notice in the newspaper.

      (5)   No contract of $10,000 or more; exceptions. No contract of $10,000 or more shall be let except by the Council. Whenever any contemplated purchase or contract for services is for the sum of $10,000 or more, the purchasing agent shall present the bids to the Council for approval, and advise the Council of the advantages or disadvantages of contract and bid proposals.

      (6)   Construction contracts; contracts, technical requirements. Construction contracts and contracts with technical requirements shall be procured in accordance with A.R.S. Title 34, except if a construction contract is exempt from the bidding requirements under A.R.S. Title 34, the provisions of this chapter shall apply

(1990 Code, § 3-4-1)  (Ord. 04-12, passed 1-10-2013)

§ 33.02 EXCLUSIVE SERVICE.

   In the event that there is only one firm or company or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, § 33.01 shall not be applicable, and such services or commodities can be secured without bidding.

(1990 Code, § 3-4-2)

§ 33.03 BIDDING.

   The purchasing agent and all parties contracting with the town, except those parties contracting for professional services as defined in § 33.08, shall follow the procedure set forth in this section in relation to all bids required under § 33.01(B)(4).

   (A)   All notices and solicitation of bids shall state the time and place for opening.

   (B)   All bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope.

   (C)   All bids shall be opened in public at the time and place stated in the public notice.

   (D)   A tabulation of all bids received shall be posted in the Town Hall for public inspection.

   (E)   The purchasing agent under § 33.01(B)(1), (B)(2) and (B)(3) and the Council under § 33.01(B)(4) shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids.

(1990 Code, § 3-4-3)

§ 33.04 DETERMINATION OF LOWEST RESPONSIBLE BIDDER.

   (A)   Unless the Council or purchasing agent shall exercise the right of rejection as provided by § 33.03, the purchase or contract shall be made from and with the lowest responsible bidder for the entire purchase or contract or for any part thereof.

   (B)   In determining the lowest responsible bidder, the Council and purchasing agent 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 services promptly or within the specified time, without delay or interference;

      (3)   The quality of performance of previous contracts;

      (4)   The previous and existing compliance by the bidder with laws and ordinances of the town;

      (5)   The financial resources and ability of the bidder to perform the contract; and

      (6)   The quality, availability and adaptability of the supplies or services.

(1990 Code, § 3-4-4)