(A) Bidding procedure.
(1) Before any purchase of or contract for supplies, materials, equipment or contractual services are made, except as otherwise provided in division (B) below, the purchasing authority of the town shall submit to at least three persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three dealing in and able to supply the same, the specifications and a request for quotation or invitation to bid to give them the opportunity to bid, or shall publish notice of the proposed purchase in a newspaper of general circulation within the town.
(2) The purchasing authority of the town shall favor a person, firm or corporation in the town when this can be done without additional cost to the town, but he or she shall submit requests for quotation to those outside of the town when this may be necessary to secure bids or to create competitive conditions, or when he or she thinks that by so doing, he or she can make a saving for the town, and shall purchase from them when he or she can make a saving for the town.
(3) All bids shall be sealed and shall be opened in public at a designated time and place.
(4) The purchasing authority may repeatedly reject all bids and again submit to the same or other persons, firms or corporations the request for quotation or invitation to bid, or again publish notice of the proposed purchase.
(5) Said purchasing authority may purchase from the bidder whose bid is most advantageous to the town considering price, quality, date of delivery and so on, and in the 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.
(B) Purchasing without calling for bids. The following may be purchased without giving an opportunity for competitive bidding:
(1) Supplies, materials, equipment or contractual services whose cost does not exceed $5,000 in a single transaction;
(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 Board of Trustees declares the purchase an emergency;
(5) Contractual services, including, but not limited to, natural gas, electricity or telephone services 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 laws or regulations, such as certain federal grant programs.
(Prior Code, § 3-1-3) (Ord. 03-02, passed 6-16-2003)