The following bidding requirements, guidelines and provisions shall be applicable to purchasing for town purposes and sewer and water purposes.
A. Bid Specifications And Instructions: Bid specifications shall include the following information:
1. A general statement describing the nature of the purchase or contract.
2. General instructions for submitting a bid or proposal.
3. General requirements for performing the business transaction.
4. Method of payment.
5. Technical specifications including a description of materials to be used and/or a detailed explanation of services to be provided.
B. Lowest Responsible Bidder: The following nonexclusive list of factors shall be considered in recommending the lowest responsible bidder to the board of trustees from among those bidders who submit bids responsive to the bid notice and specifications.
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 service promptly, or within the time specified, without delay or interference.
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
7. The quality, availability and adaptability of the supplies or contractual services to the particular use required.
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
9. The number and scope of conditions attached to the bid.
10. Bidder's record of experience in constructing improvements of the size and type required in the bid specifications.
11. Lowest bids received.
12. Bidder's record as to the percentage of work sublet on previous contracts.
C. Rejection Of Bids: The board of trustees has exclusive responsibility and discretion to reject any or all bids.
D. Performance And Payment Bonds: Whenever required by the terms of the bid or by state law, successful bidders shall be required to submit performance and payment bonds with sufficient sureties to ensure performance of the contract and to save the town harmless from the wage and material payment claims of laborers, subcontractors and material men.
E. Assignment Of Contracts: No contract shall be assignable or sublet by the successful bidder without the written consent of the board of trustees.
F. Competitive Bidding Exception: Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part and contracts for utility service such as water, electricity, gas or telephone, shall not be subject to the competitive bidding requirements of this chapter.
G. Emergency Contracts: In case of an emergency, the board of trustees may authorize purchase orders or contracts for services, materials, equipment or supplies reasonably required to address the emergency without advertising for bids.
H. Budget Approval: No purchase orders or contracts shall be approved or awarded unless funds are budgeted and available in excess of all unpaid obligations to pay the amount to be obligated thereby.
I. Encumbrance Of Funds: All financial obligations incurred by a purchase order or contract shall be recorded in the town's budget accounting system and shall be an encumbrance on funds then budgeted and available to pay the amount obligated. (1992 Code)