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11-5 Bidding and Purchasing Policy Ordinance

Section I

General Purpose

 

All agreements, proposed purchases of, or contracts for, supplies, materials, equipment, or any contractual services (hereinafter, "products and services") for the Town of Stafford shall be in writing and shall not be made until the Town has sought publicly offered and open competitive bids or proposals for such products and services, and approved by the Board of Selectmen (hereinafter, the "Board").  The purpose of this policy is to obtain the best possible value to the Town and to protect the public interest.

 

Section II

Advertising

 

Advertising for all products and services shall include, in addition to any other appropriate media sources or publications determined by the Board, public ads in any publication of substantial circulation in Stafford, within available appropriations, and on the Internet or Town Website.

 

Section III
Bidder Qualifications

 

In accordance with Section 7-148v of the Connecticut State Statutes, the Town of Stafford reserves the right to establish requirements for bid qualifications.  The Board in the process of approving or rejecting a bid or proposal shall consider the following factors:

 

A)    The ability, capacity and skill of the bidder to perform the contract or provide the services required in relation to the standards and specifications 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, judgment, experience and efficiency of the bidder,

 

D)    The quality of performance of previous contracts or services,

 

E)     Previous compliance by the bidder with laws and ordinances related to contract bidding, including Section 7-148w(c) of the Connecticut State Statutes,

 

 

F)     The sufficiency of the financial resources and ability of the bidder to perform the contract or provide service,

 

G)    The quality, availability and adaptability of the supplies or contractual services to the particular use required, and

 

H)    The number and scope of conditions attached to the bid.

 

Section IV
Procedure of Competitive Bidding

 

A) All purchasing of products or services of over five thousand dollars ($5000), in which price is the primary criterion, shall be by sealed bid,

 

B) All sealed bids shall be opened by the Board at a date and time to be posted in a newspaper circulating in that area that is most likely to attract bidders,

 

C) The sealed bids shall be kept in the safe located in the Office of the Treasurer until opened, and

 

D) Purchase orders, along with all required bond documents must be submitted with and attached to the signed contractual bid document.

 

Section V
Awarding of a Bid

 

The Board shall, after proper review of the bid results, award the bid contract to the bidder who has successfully offered the best possible value to the town, and if such projects, products or services are approved budgetary items and that the award is within budgetary limitations.  The Town reserves the right to reject any or all bids.

 

Section VI
Local Vendor Preference

 

In the case of two or more bids being received are of a substantially comparable total amount or unit price, and the quality and service being substantially similar with no evidence of collusion, the Board may award the bid contract to a vendor having his/her principal place of business located in the Town of Stafford.

 

Section VII
No Response

 

In the event that the Board does not receive any response, or any acceptable response to any published notice, the Board may seek to re-bid, or then proceed to negotiate for the purchase or sale of the item in question to any appropriate market.

 

Section VIII
Non-Bidding Requirements

 

For products and services of one thousand dollars ($1000) up to five thousand dollars ($5000), Town employees or officials must make every effort to obtain three price quotations, and attach them to the completed purchase order.  If a product or service being purchased is unique, or difficult to obtain quotations, Town employees or officials must note this in writing and attach this explanation to the completed purchase order form.  Department approvals are required on all invoices prior to being processed by the Board.

 

Section IX
Sale of Town Properties

 

In the event of the sale of Town property, the Board shall publish a notice of sale in a newspaper circulating in the area most likely to attract purchasers and may solicit, in writing, written offers from persons deemed to be most likely to be interested in purchasing such town property.

 

Section X
Exceptions

 

This Bidding and Purchasing Policy, and the restrictions herein stated, shall not apply to the following circumstances:

 

A) Board of Education Purchasing: Purchases of products or services requested by the Board of Education, if it has adopted its own purchasing policy, except that it shall apply to joint purchasing or contracting by the Town and Board of Education.

 

B) One Thousand Dollars ($1000) or Less: Purchase of products or services of one thousand dollars ($1000) or less, in total.

 

C) Sole Source Contracts: Unique products or services, upon written determination that only one practical source for the required product or service is available.

 

D) Professional Services: Professional services shall be exempt from this Policy except as provided in Section XI.

 

E) Cooperative Purchasing: Products or services acquired through Cooperative Purchasing Agreements shall not apply to the Policy.  Primary examples of which include State contracts and the Capital Region Purchasing Council.

 

F) Emergencies: If an emergency presents itself in which normal procedures of this Policy must be suspended due to a public safety risk, the First Selectmen or his/her designee shall be empowered to do so.

 

G) Preemptive Legislation: This Policy will not apply to special products, services or projects that are procured through preemptive State or Federal legislation.  Examples of this include but are not limited to federal CFR Regulations, Davis Bacon provisions and State prevailing wage requirements.

 

H) Recurring Expenditures: Recurring expenditures such as utility bills, service maintenance contracts, and professional development costs shall be exempt from Policy provisions.

 

I) Artistic Endeavors: Work that is original and creative in character in a recognized field or artistic endeavor and the result of which depends on a person's invention, imagination or talent.

 

J) Overriding Public Interest: If the Board determines that it is essential to protect the public interest, it may waive any provision of this ordinance for any single proposal for products or services, on a case by case basis.

 

Section XI

Professional Services

 

A) Professional services are defined as work requiring knowledge of an advanced type in a field of study and which frequently requires special credentialing, certification or licensure.  Such areas include but are not limited to architectural, appraisal, actuarial, banking services, engineering, legal, insurance brokering and information technology services.

 

B) Professional services and consulting services of over one thousand ($1000) dollars shall be publicly solicited by a Request for Proposal (RFP), and awarded through the use of competitive negotiation.  Eligible applications shall be reviewed by the appropriate search committee designated by the Board, and shall include interviews of at least three finalists, unless less than three are available or eligible.

 

C) Professional service providers shall not be dependent on the Town as their sole client and must be clearly considered an independent contractor as defined by state and federal laws, regulations and court decisions.

 

D) Any and all professional fees, commissions or other remuneration must be expressly disclosed before a contract is awarded.

 

Approved at Town Meeting 12-20-05

 



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