(a) Competitive Procurement.
(1) Competitive bidding. All procurement and contracts awarded by the Town over $10,000 shall be accomplished by competitively sealed bidding except as otherwise provided hereinbelow, or as provided by State law.
(2) Competitive sealed proposals. When, if so authorized by the Town Council, the Town Manager determines, and when not required by law, that the use of competitive sealed bidding is either not practicable or not advantageous to the Town, a procurement may be had, or a contract entered into, by use of the competitive sealed proposals method. Such proposals shall be solicited through a request for proposals and adequate public notice of the request shall be given in the same manner as with competitive sealed bidding.
(3) Small purchases. Any procurement or contract of less than $10,000 may be made and entered into in accordance with the small purchases procedures authorized in this subsection.
A. Contract or procurement requirements shall not be artificially divided so as to constitute a small purchase under this subsection.
B. The Town Manager shall adopt operational procedures for making small purchases. Such operational procedures shall provide for obtaining adequate and reasonable competition by written or oral quotation for the supply, service or construction being purchased. Award shall be made to the business or other entity offering the lowest acceptable quotation. Adequate records to document the competition obtained shall be maintained.
(b) Non-Competitive Procurement.
(1) General. Procurement may be made or a contract awarded without competition when a department head determines, and the Town Manager concurs in writing, and it is not otherwise required by law, after conducting a good faith review of available sources, that the contract or procurement by its very nature is not suitable to competitive bids or proposals. Examples of procurement or contracts which may not be suitable for competitive bids or proposals include, but are not necessarily limited to the following:
A. There is only one source for the required supply, service or construction item;
B. A sole supplier’s item is needed for trial use or testing;
C. Products are bought for over-the-counter resale;
D. Purchases of used equipment or vehicles; and
E. Purchases at auctions.
(2) Negotiation. The Town Manager or responsible department head shall conduct negotiations, as appropriate, as to price, terms and delivery.
(c) Emergency Procedures. Notwithstanding any other provisions of this section, the Town Council or Manager may make emergency procurement of supplies, equipment, services or construction items when there exists a threat to public health, welfare or safety, or to prevent or minimize serious disruption of government services or operations; provided, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor or vendor shall be made and maintained. A confirming resolution which includes such written determination shall be considered by the Town Council at any meeting thereof immediately following such emergency action for all emergency procurements or contracts of $10,000 or more.
(d) Surplus Property of the United States and State of West Virginia. The Town may enter into contracts with the United States of America, the State of West Virginia, or with any department, division or agency thereof, for the purpose of accepting gifts and for the purchase, sale, exchange, lease, or transfer of any equipment, supplies, materials, or other property for cash, credit or other property, with or without warranty, and upon such other terms and conditions as the Federal or State governments, or the department, division or agency thereof, deems proper, without regard to the provisions of this section which may require, among other things, inviting or receiving of competitive bids or the making of purchases from the lowest and best bidder.
(Passed 11-8-01; Passed 5-4-23.)