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The purchasing agent may conduct discussions with, and best and final offer may be obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.
(2005 Code, Ch. 25, II, § 2) (Ord. 1998-7, passed 7-6-1998)
When the Town Council makes a written determination that it is in the Purchasing Agency’s best interests, offers may be opened after the time stated in the solicitation. The date, time and place of the rescheduled opening must be announced at the time and place of the originally scheduled opening.
(2005 Code, Ch. 25, II, § 3) (Ord. 1998-7, passed 7-6-1998)
(A) Purchases less than $50,000. The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $50,000.
(B) Purchases between $25,000 and $100,000. The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
(C) Purchases over $100,000. The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
(D) Small business set-asides. The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(2005 Code, Ch. 25, II, § 4) (Ord. 1998-7, passed 7-6-1998)
The purchasing agent determines that:
(A) It is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding; and
(B) Receiving proposals is the preferred method for purchasing the following types of supplies:
(1) Asphalt;
(2) Salt; and
(3) Gravel.
(2005 Code, Ch. 25, II, § 5) (Ord. 1998-7, passed 7-6-1998)
(A) Price adjustments. The purchasing agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included.
(1) Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible.
(2) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon.
(3) Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.
(4) Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon.
(5) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.
(B) Adjustments in time of performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(C) Unilateral rights of the Purchasing Agency. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the Purchasing Agency to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(D) Quantity variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(2005 Code, Ch. 25, II, § 6) (Ord. 1998-7, passed 7-6-1998)
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