§ 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)

§ 33.05 PERFORMANCE BOND.

   The purchasing agent shall have the authority to require a performance bond, in cash or otherwise, for such amount as he or she may deem sufficient to secure the execution of the contract for the best interest of the town.

(1990 Code, § 3-4-5)

§ 33.06 EMERGENCY PURCHASES.

   (A)   In case of an emergency which requires immediate purchases of supplies or services and when time is of the essence, the Mayor shall be empowered to authorize the purchasing agent to purchase or secure services without complying with the procedures of this chapter.

   (B)   A full report in writing of the circumstances of any emergency purchase shall be filed by the purchasing agent with the Town Council at its next meeting.

(1990 Code, § 3-4-6)

§ 33.07 FORMS.

   The purchasing agent shall prescribe and maintain such forms as he or she shall find necessary for the operation of the provisions of this chapter.

(1990 Code, § 3-4-7)

§ 33.08 PROFESSIONAL SERVICES.

   Unless required by the Council, the provisions of this chapter shall not apply to professional services. Such services shall include, but not be limited to, the following: physicians, attorneys, engineers and similar professions.

(1990 Code, § 3-4-8)