The text
Footnotes:
--- (18) --- Charter reference— Department of finance, § 4-1 et seq.; division of purchases, § 4-15 et seq.
Cross reference— Any ordinance promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the city or creating interest and sinking funds saved from repeal, § 1-12(1); any appropriation ordinance or any ordinance levying or imposing taxes saved from repeal, § 1-12(6).
Sec. 2-236. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.
Change order means a written order signed by the purchasing agent, or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.
Chief administrator means the mayor of the city.
City purchasing agent or agent mean the purchasing agent of the city.
Construction means the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the city in the usual course of their job.
Contract means all types of agreements, including grants and orders, for the purchase or disposal of supplies services, construction, or any other item. It shall include awards; contracts of a fixed price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts, purchase orders, and construction management contracts. It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not include labor contracts with employees of the city.
Contract modification means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.
Contractor means any person having a contract with the city.
Contractual services means and includes all towel and cleaning services, fire alarm testing services, ladder testing services, and the repair or maintenance of equipment, machinery and other city owned personal property. The term shall not include professional and other contractual services which are in their nature unique and not subject to competition.
Data means recorded information, regardless of form or characteristic.
Designee means a duly authorized representative of a person holding a superior position.
Employee means an individual drawing a salary from the city, whether elected or not, and any nonsalaried individual performing personal services for the city.
May means permissive.
Negotiation means contracting by either of the methods set forth in sections 2-244, 2-245 and 2-249.
Procurement means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It shall also include all functions that pertain to the obtaining of any supply, service, or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
Regulations means rules and regulations adopted by the city concerning the implementation of the provisions of this chapter.
Services means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. "Service" does not include labor contracts with employees of governmental contracts.
Shall means imperative.
Supplemental agreement means any contract modification which is accomplished by the mutual action of the parties.
Supplies means all property, including but not limited to leases of real property, printing and insurance, except land or permanent interest in land.
Using agency means any department, division, agency, commission, bureau or other unit in the city government using supplies or procuring contractual services as provided for in this article.
(Rev. Ords. 1987, § 2-236; Ch. 877, § I, 6-6-23)
Cross reference— Definitions generally, § 1-2.
Sec. 2-237. - Short title.#
This article shall be known and may be cited as the purchasing ordinance of the city.
(Rev. Ords. 1987, § 2-237)
Sec. 2-238. - City purchasing agent.#
The city purchasing agent shall be the head and have general supervision of the division of purchasing of the department of finance. The agent shall perform all duties required of a division head by law, and shall have the powers and duties prescribed by this article. (1)
Position specifications. The agent shall be appointed by the mayor and in accordance with rules and regulations of the civil service system.
(2)
Scope of purchasing authority. The agent shall have the power and it shall be his duty:
a.
To purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the city, in accordance with purchasing procedures as prescribed by this article and such rules and regulations as the department of finance shall adopt for the internal management and operation of the division of purchasing and such other rules and regulations as shall be prescribed by the chief administrator and the city council.
b.
Except as provided in this section, it shall be unlawful for any city officer or officers to order the purchase of any supplies or make any contract within the purview of this article other than through the division of purchasing, and any purchase ordered or contract made contrary to the provisions of this section shall be invalid and without effect.
(3)
Other powers and duties. In addition to the purchasing authority conferred in subsection (2) of this section and in addition to any other powers and duties conferred by this article or by the city Charter, the purchasing agent shall:
a.
Act to procure for the city the highest quality in supplies and contractual services at the least expense to the city;
b.
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales;
c.
Establish, and amend when necessary, all rules and regulations authorized by this article and any others necessary to its operation, such regulations to be filed with the city clerk;
d.
Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the city the benefits of research done in the field of purchasing by other government jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations;
e.
Prescribe and maintain such forms as he shall find necessary to the operation of the article;
f.
Prepare, adopt and maintain a standard purchasing commodity code index for using agencies and supplies;
g.
Prepare, adopt and maintain a vendors' catalog file. Such catalog shall be filed according to materials and shall contain descriptions of vendors' commodities prices and discounts;
h.
Exploit the possibilities of buying in bulk so as to take full advantage of quantity purchase discounts;
i.
Act so as to procure for the city all federal tax exemptions to which it may be entitled;
j.
Cooperate with the department of finance so as to secure for the city the maximum efficiency in budgeting and accounting.
(Rev. Ords. 1987, § 2-238; Ch. 877, § XIII, 6-6-23)
Sec. 2-239. - Standard specifications.#
The city purchasing agent, with the assistance and cooperation of the using agencies, shall prepare and develop standard specifications for supplies utilized by the various branches of the city government. (1)
Laboratory facilities. The agent shall have the authority to make use of the laboratory and engineering facilities of the city and the technical staffs thereof in connection with his work of preparing and adopting standard written specifications.
(2)
Consultation with using agencies. The agent shall consult with the heads and other officials of the using agencies to determine their precise requirements and shall where practicable endeavor to prescribe those standards which meet the needs of the majority of such agencies.
(3)
Nature of specifications. All specifications shall be definite and certain and shall permit competition where possible, provided however, that the provisions of this subsection shall not apply to noncompetitive types and kinds of supplies.
(Rev. Ords. 1987, § 2-239)
Sec. 2-240. - Requisitions and estimates.#
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the agent detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times, and for such future periods as the purchasing agent shall prescribe. (1)
Unforseen requirements. A using agency shall not be prevented from filing, in the same manner, with the agent at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
(2)
Revisory power in agent. The agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost. However, revisions as to quality shall be in accordance with the standards and specifications established pursuant to this article.
(Rev. Ords. 1987, § 2-240)
Sec. 2-241. - Encumbrance of funds.#
Except in cases of emergency, the purchasing agent shall not issue any order for delivery on a contract or open market purchase until the city controller shall have certified, after pre-audit, that there is to the credit of the using agencies concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.
(Rev. Ords. 1987, § 2-241)
Sec. 2-242. - Prohibition of interest.#
Any purchase order or contract within the purview of this article in which the purchasing agent or any officer or employee of the city is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract the council shall have the authority to waive compliance with this section when it finds such action to be in the best interests of the city.
(Rev. Ords. 1987, § 2-242)
State Law reference— Conflict of interest, G.L. 1956, § 36-14-4; statement, G.L. 1956, § 36-14-5.
Sec. 2-243. - Competitive sealed bidding.#
(a)
All supplies and contractual services, except as otherwise provided in this article, exceeding the amount provided by section 2-246 shall be awarded by competitive bidding unless it is determined in writing that this method is not practicable. Factor to be considered in determining whether competitive sealed bidding is practicable shall include whether:
(1)
Specifications can be prepared that permit award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price; and
(2)
The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.
(b)
Notice of inviting bids:
(1)
The invitation for bids shall state whether award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids if available.
(2)
Adequate public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper of general circulation in the state as determined by the purchasing agent for the city not less than seven days nor more than 21 days before the date set for opening of the bids. The purchasing agent may make a written determination of the 21-day limitation needs to be waived. The written determination shall state the reason why the 21-day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.
(3)
The purchasing agent will have available at all times in his office for inspection by the public, all advertisements for public sealed bids and/or requests for quotations.
(c)
Bid opening procedure:
(1)
Bids shall be opened publicly in full view of the public at the time and place designated in the invitation for bids.
(2)
Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid shall be made available and open to public inspection and retained in the bid file.
(3)
The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price.
(4)
The awarding of any bid in the amount provided by section 2-246 or greater which is not given to the lowest responsible bidder, except when competitive negotiation applies, shall require approval by the city council. A statement of the reasons awarding the bid to a party other than the lowest responsible bidder shall be prepared by the mayor and filed with the other papers relating to the transaction.
(5)
Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the purchasing agent.
(d)
Prequalification of contractors:
(1)
The city may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. The city shall adopt regulations for prequalification in the same manner provided for in the adoption of ordinances in the manner provided for in the home rule charter. Solicitation mailing lists of potential contractors of such supplies, services, and construction shall include but need not be limited to such prequalified contractors. Prequalification shall not foreclose a written determination:
a.
Between the time of the opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible;
b.
That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
(2)
The city council hereby adopts and ratifies the regulations for prequalification as established by the city as of August 16, 1993, as prequalification regulations of the purchasing division of the city.
(Rev. Ords. 1987, § 2-243; Ch. 877, § I, 6-6-23)
Sec. 2-244. - Competitive negotiation.#
(a)
When, under regulations adopted by the city council, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in sections 2-246 and 2-249, a contract may be awarded by competitive negotiation.
(b)
Adequate public notice of the request for proposals shall be given in the same manner as provided in section 2-246.
(c)
Contracts may be competitively negotiated when it is determined in writing by the purchasing agent that the bid prices received by competitive sealed bidding either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which:
(1)
Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and
(2)
The negotiated price is lower than the lowest rejected bid by any competitive bidder; and
(3)
The negotiated price is the lowest negotiated price offered by a competitive offeror.
(d)
The request for proposals shall indicate the relative importance of price and other evaluation factors.
(e)
Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city taking into consideration price and evaluation factors set forth in the request for proposals.
(f)
Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonable susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted:
(1)
With respect to prices, where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;
(2)
Where time of delivery or performance will not permit discussions; or
(3)
Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.
(Rev. Ords. 1987, § 2-244)
Sec. 2-245. - Negotiations after unsuccessful competitive sealed bidding.#
(a)
In the event that all bids submitted pursuant to competitive sealed bidding under section 2-243 result in bid prices in excess of the funds available for the purchase, and the purchasing agent determines in writing:
(1)
That there are no additional funds available from any source so as to permit an award to the lowest responsive and responsible bidder; and
(2)
The best interest of the city will not permit the delay attendant to the resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in section 2-243, then a negotiated award may be made as set forth in subsections (b) or (c) of this section.
(b)
Where there is more than one bidder, competitive negotiations pursuant to section 2-244 shall be conducted with the three (two if there are only two) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Such competitive negotiations shall be conducted under the following restrictions:
(1)
If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in such discussions; or
(2)
A request for proposals, based upon revised specification or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
(c)
When after competitive sealed bidding, it is determined in writing that there is only one responsive and responsible bidder, a noncompetitive negotiated award may be made with such bidder in accordance with section 2-249.
(Rev. Ords. 1987, § 2-244.1)
Sec. 2-246. - Small purchases.#
(a)
Procurements, not to exceed an aggregate amount of $10,000.00 for construction and $5,000.00 for all other purchases may be made in accordance with small purchase regulations promulgated by the city. These amounts shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. The city may further reduce the aggregate purchase amount, as provided for in this section by ordinance.
(b)
The city council hereby adopts and ratifies the small purchase regulations as established by the city as of August 16, 1993, as the small purchase regulations of the purchasing division of the city and copies of such regulations are on file and available in the city offices.
(Rev. Ords. 1987, § 2-244.2)
Charter reference— Competitive bidding, § 4-16.
Sec. 2-247. - Cancellation of invitation for bids and requests for proposals.#
An invitation for bids, a request for proposals, or other solicitation may be canceled, or all bids or proposals may be rejected, if it is determined, in writing, that such action if taken is not in the best interest of the city and approved by the purchasing agent.
(Rev. Ords. 1987, § 2-244.3)
Sec. 2-248. - Petty expenditures revolving fund.#
There is hereby established the petty expenditures revolving fund in the amount of $300.00. From this fund shall be paid all purchases not in excess of $25.00 each made by the heads of using agencies for incidentals with the approval of the agent. (1)
Accounting. At the end of each month, the agent shall render to the city controller statements showing the actual expenditures for each using agency so made out of such petty expenditures revolving fund, and the city treasurer shall reimburse the revolving fund for such expenditures in the same manner as other expenditures of such using agencies are paid.
(2)
Rules and regulations. The agent, with the approval of the city controller, shall promulgate rules and regulations for use of the petty expenditures revolving fund.
(Rev. Ords. 1987, § 2-245)
Sec. 2-249. - Sole procurement and emergency procurements.#
(a)
A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the purchasing agent determines, in writing, that there is only one source for the required supply, service, or construction item.
(b)
Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in regulations or where the procurement will be in the best interest of the city as established by properly promulgated rules and regulations; provided, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, as issued by the head of the using agency, directed to the purchasing agent, shall be included in the contract file.
(Rev. Ords. 1987, § 2-246)
Sec. 2-250. - Inspection and testing.#
The purchasing agent shall inspect or supervise the inspection of all deliveries or supplies or contractual services to determine their compliance with the specifications set forth in the purchase order or the contract. (1)
Inspection by using agency. The agent shall have the authority to authorize using agencies having the staff and facility for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the agent shall prescribe.
(2)
Tests. The agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine the quality and conformance with specifications. In the performance of such tests, the agent shall have the authority to make use of laboratory facilities of any agency of the city government or any outside laboratory.
(Rev. Ords. 1987, § 2-247)
Sec. 2-251. - Surplus stock.#
(a)
All using agencies shall submit to the purchasing agent at such times and in such form as he shall prescribe reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.
(b)
The agent shall have the authority to transfer surplus stock to other using agencies.
(c)
The agent shall have the authority to sell all supplies which have become unsuitable for public use or to exchange such supplies for or trade in such supplies on new supplies. Sales under this section shall be made to the highest responsible bidder and in conformance with section 2-243 or 2-244, whichever is applicable.
(Rev. Ords. 1987, § 2-248)
Sec. 2-252. - Cooperative purchasing.#
The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the city will be served thereby. Cooperative purchasing shall be in compliance with G.L. 1956, § 45-5-20 and in compliance with Resolution Number 41 adopted by the city council on March 7, 1993, authorizing the establishment of intermunicipal agreements for joint purchasing and seeking the services of the state division of purchases, department of administration.
(Rev. Ords. 1987, § 2-249)
State Law reference— Authority to purchase materials, supplies, etc., jointly with other municipalities, G.L. 1956, § 45-5-20; authority to seek services of the state division of purchases, G.L. 1956, § 45-5-20.
Sec. 2-253. - Responsibilities of bidders and offerors.#
(a)
A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with regulations issued by the city. A reasonable inquiry to determine the responsibility of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of nonresponsibility with respect to such a bidder or offeror.
(b)
Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this article may not be disclosed outside of the purchasing department administering the contract without prior written consent of the bidder or offeror.
(Rev. Ords. 1987, § 2-250)
Sec. 2-254. - Staff consultants.#
The procurement of the service of an attorney, physician or dentist by the city, shall be exempt from the provisions of this article.
(Rev. Ords. 1987, § 2-251)