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A. Contractual Services Defined: "Contractual services", for the purpose of this chapter, means services performed for the town by persons not in the employ of the town, and may include the use of equipment or the furnishing of commodities in connection with the services under express or implied contract. "Contractual services" shall include travel; freight; express; parcel post; postage; telephone; telegraph; utilities; rents; printing out; binding; repairs, alterations and maintenance of buildings, equipment, streets and bridges, and other physical facilities of the town; and other services performed for the town by persons not in the employ of the town. (1995 Code title 7 § 1.3)
B. Authority And Procedures: All purchases of supplies, materials, equipment and contractual services for the offices, departments and agencies of the town government shall be made by the town board of trustees or by other town personnel in accordance with purchase authorizations issued by the town board. (1995 Code title 7 § 1.4)
C. Purchases Requiring Board Approval: Every contract for, or purchase of, supplies, materials, equipment or contractual services for more than five thousand dollars ($5,000.00) shall require the prior approval of the town board of trustees. (1995 Code title 7 § 1.5; amd. 2006 Code)
D. Competitive Bidding:
1. Before any purchase of, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, the town shall submit to at least three (3) persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three (3) dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give them opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the town. The town shall favor a person, firm or corporation in the town when this can be done without additional cost to the town; but shall submit requests for quotation to those outside the town when this may be necessary to secure bids or to create competitive conditions, or when the town thinks that by so doing it can make a saving for the town; and shall purchase from them when the town can make a saving for the town.
2. All bids shall be sealed and shall be opened in public at a designated time and place.
3. The town may repeatedly reject all bids and again may submit to the same or other persons, firms or corporations the request for quotation, or invitation to bid, and again publish notice of the proposed purchase.
4. The town may purchase from the bidder whose bid is most advantageous to the town, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the town. (1995 Code title 7 § 1.6; amd. 2006 Code)
E. Competitive Bidding Not Required: The following may be purchased without giving an opportunity for competitive bidding:
1. Supplies, materials, equipment or contractual services whose cost does not exceed five thousand dollars ($5,000.00) in a single transaction; (1995 Code title 7 § 1.7; amd. 2006 Code)
2. Supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought;
3. Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including government surplus;
4. Equipment to replace existing equipment which has become inoperable when the town board declares the purchase an emergency;
5. Contractual services, including, but not limited to, natural gas, electricity, and telephone service, purchased from a public utility at a price or rate determined by the state corporation commission or other governmental authority;
6. Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the state, whether such price is determined by a contract negotiated with a vendor or otherwise; and
7. Contractual services of a professional nature, such as engineering, architectural, legal and medical services, unless competitive bidding is required by applicable law or regulations, such as certain federal grants programs. (1995 Code title 7 § 1.7)