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(A) Competitive bidding may be waived by the purchasing agent, upon the written approval of the Director of Finance and the Mayor, and negotiations may be utilized in the following circumstances.
(1) Emergency requirements as per §§ 36.16 to 36.18, inclusive.
(2) Management or consulting services, and those services requiring special or unique skills.
(3) Service, repair or maintenance of equipment normally handled by the manufacturer and/or his/her authorized dealer of the equipment.
(4) In those circumstances where uniformity or consistency with goods or equipment already owned by the town is deemed to be of substantial importance.
(5) When purchasing goods or services which are not generally competitive as to price or because of lack of availability.
(B) Copies of all quote waivers between the sum of $2,500.01 and $25,000.00 shall be sent to the Legislative Council upon receipt by the Director of Finance on a semi-annual basis.
(C) Notwithstanding provisions (A)(1) through (A)(5), above, any bid waiver over the sum of $25,000.00 must receive the approval of the majority vote of the Legislative Council, present and voting.
(D) All waivers of bid shall contain a statement of the reasons therefor and shall be kept on file in the office of the purchasing agent.
(Ord. 645, passed 1-6-14; Am. Ord. 742, passed 5-20-24)
In case of an apparent emergency which requires immediate acquisition of supplies or contractual services, the Mayor may authorize the purchasing agent to secure, at the lowest obtainable price, any supplies or contractual services. A written report of the circumstances of an emergency purchase shall be filed with the Mayor and the Legislative Council by the purchasing agent and shall be open for public inspection.
(Ord. 645, passed 1-6-14; Am. Ord. 742, passed 5-20-24)
In case of actual emergency, the head of any using department, office or agency may purchase directly any supplies or contractual service whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens. The department head shall file with the purchasing, not later than the next business day, a requisition and a copy of the delivery record, together with a written report of the circumstances of the emergency, and shall file a copy of the report with the Mayor and the Legislative Council.
(Ord. 645, passed 1-6-14; Am. Ord. 742, passed 5-20-24)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BEST VALUE.” A function/service comparison performed with cost, quality and availability variables among others; obtaining the best possible products/services at the lowest possible cost.
“BEST VALUE PROPOSITION.” A function/service comparison performed with cost, quality and availability variables among other criteria; obtaining the best possible products/services, considering any intangible or other benefits that may not necessarily represent the lowest possible cost, but overall better value perceived.
“FORMAL BID PROCEDURE.”
(1) “INTENT TO BID.” The offer of a supplier (bidder) to provide specific goods and/or services in accordance with all specifications and conditions indicated in a solicitation. The purchasing agent shall award the contract or make the purchase from the lowest qualified bidder.
(2) “REQUEST FOR PROPOSALS (RFP).” A document used to solicit proposals to accomplish a specified scope of work. Negotiations may be conducted after evaluation of all offers. The purchasing agent shall award the contract or make the purchase deemed to be in the best interest of the town.
“GSA.” General Services Administration, which is the acquisition and procurement agency for the government of the United States; it contracts for all goods, services and real property required by the operation of the civilian federal government.
“GSA.” General Services Administration, which is the acquisition and procurement agency for the government of the United States; it contracts for all goods, services and real property required by the operation of the civilian federal government.
“LOWEST QUALIFIED BIDDER.” A supplier who has the capacity and capability to provide goods/services in conformance with the specifications at the lowest cost.
"MRO." Maintenance, repair and operation.
“SOLE SOURCE.” One, and only one, source of supply deemed acceptable or capable of meeting the specification for a product/service qualified with a sole source justification document to the purchasing agent.
Ord. 645, passed 1-6-14; Am. Ord. 742, passed 5-20-24)
Should any central warehouse or stockroom be established for the use of the agencies, departments or offices of the town, the facility shall be under the control of the purchasing agent, and he/she shall be empowered to promulgate rules and regulations for its proper functioning. For purposes of this section, the Board of Education shall be deemed an agency of the town.
(Ord. 645, passed 1-6-14; Am. Ord. 742, passed 5-20-24)
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