Procedure for sealed bids shall be as follows.
(A) Sealing. Bids shall be submitted to the purchasing agent securely sealed in an envelope and shall be identified on the envelope in accordance with bid instructions.
(B) Opening. Bids shall be opened in public at the time and place stated in the public inspection.
(C) Tabulation. A tabulation of all bids received shall be available for public notices.
(D) Rejection of bids. The purchasing agent shall have the authority to reject all bids, parts of all bids or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
(E) Bidders in default to town. The purchasing agent shall not accept the bid of a vendor or contractor who is delinquent in the payment of taxes, license or other moneys due the town.
(F) Award of contract.
(1) Authority in agent. The purchasing agent shall have the authority to award contracts within the purview of this chapter; provided, however, that contracts in excess of $5,000 shall not be awarded without prior approval of Town Council.
(2) Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining lowest responsible bidder, in addition to price, the purchasing agent shall consider:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgement, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(g) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and
(i) The number and scope of conditions attached to the bid.
(G) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent and filed with the papers relating to the transaction and held for a period of no less than 12 months.
(H) Tie bids.
(1) Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder. If two or more of these bids are submitted by local bidders, the purchasing agent shall award the contract to one of the local tie bidders by drawing lots in public. If local bidders are not involved in the tie bids, the purchasing agent shall award the contract to one of the outside tie bidders by drawing lots in public. The purchasing agent, local bidders and vendors should bear in mind, however, that to award a contract to a local vendor where he or she is not the lowest responsible bidder, or where price, quality and service are not equal, is to give preference to one minute segment of the citizenry against the best interests of the community as a whole.
(2) Performance bonds. The purchasing agent shall have the authority to require a performance bond, before entering into a contract, in a form and amount as he or she shall find reasonably necessary to protect the best interests of the town.
(3) Payment bond, labor and material bond. The purchasing agent may require a payment bond and a labor and material bond, before entering into a contract, in a form and amount as he or she shall deem necessary to protect the best interest and the town.
(1995 Code, § 1-5056) (Ord. passed 6-7-1983)