The text
Footnotes:
--- (8) --- Charter reference— Purchase and contracts, § 505.
Cross reference— Any ordinance promising or guaranteeing the payment of money by the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness, any contract, agreement, lease, deed or other instrument or obligation assumed by the town or creating interest in sinking funds saved from repeal, § 1-11(1); any appropriation ordinance or any ordinance levying or imposing taxes saved from repeal, § 1-11(6); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-11(7).
State Law reference— Contracts and purchases, G.L. 1956, § 45-55-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-116. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business means any corporation, partnership, individual, sole proprietorship, 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.
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 town in the usual course of their job.
Contract means all types of agreements, including grants and orders, for the purpose of disposal of supplies, services, construction or any other item. It shall include awards, contractors 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. The term "contract" does not include labor contracts with employees of the town.
Contract modification means any written alteration in the specifications, delivery point, 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 town.
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 town, which either elected or not, and any nonsalaried individual performing personal services for the town.
Municipality means the town.
May means permissive.
Negotiation means contracting by either of the methods set forth in sections 2-120, 2-178 and 2-201—2-205.
Person means any business, individual, organization or group of individuals.
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 a description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
Purchasing officer is synonymous with the term "purchasing agent" and means the town clerk or such other person designated by the town council pursuant to section 2-146.
Regulations means the rules and regulations adopted by the town concerning the implementation of the provisions of this article.
Responsible bidder or responsible offeror. In determining a responsible bidder or responsible offeror, in addition to price and responsiveness, the following factors may be considered: (1)
The ability, capacity and skill of the bidder or offeror to perform the contract or provide the service required;
(2)
Whether the bidder or offeror can perform or provide the service promptly or within the time specified without a delay or interference;
(3)
The character, integrity, reputation, judgment experience and efficiency of the bidder or offeror;
(4)
The quality of performance of previous contracts or services;
(5)
Previous and existing compliance by the bidder or offeror with laws and ordinances relating to the contract or service;
(6)
The sufficiency of the financial resources and ability of the bidder or offeror to perform the contract or provide the service;
(7)
The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(8)
The ability of the bidder or offeror to provide future maintenance and service for the use of the subject contract; and
(9)
The number and scope of conditions attached to the bid or offer.
(Ord. of 7-7-97, § 5)
Cross reference— Definitions generally, § 1-2.
Sec. 2-117. - Legislative findings.#
In accordance with the Town Charter section 505(a) and G.L. 1956, § 45-55-1 et seq., it is hereby declared that a need exists to establish a uniform system for the award of contracts by the town utilizing open competitive bids.
(Ord. of 7-7-97, § 1)
Sec. 2-118. - Requisitions, certifications and contract increases.#
All purchases and contracts executed on behalf of the town shall be made pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, accompanied by a certification that there is sufficient unencumbered appropriation balance to the credit of such office, department or agency to pay for the supplies, material, equipment or contractual services for which the contract or order is to be issued. The town council shall not authorize final payment in any such instance until it is satisfied that proper procedures have been followed and payment is in order. No increase in the total cost of any contract for goods or services which has been entered into on behalf of the town shall exceed ten percent of such total cost, and any increase shall be made pursuant to a written requisition, certified for available funds, and approved by the council before payment is made.
(Ord. of 7-7-97, § 18)
Sec. 2-119. - Method of source selection.#
Except as otherwise authorized by law, and municipal contracts shall be awarded by: (1)
Competitive sealed bidding, pursuant to section 2-171 et seq.;
(2)
Competitive negotiations, pursuant to section 2-201 et seq.;
(3)
Non-competitive negotiations, pursuant to sections 2-120 and 2-178; and
(4)
Small purchase procedures, pursuant to section 2-121.
(5)
Purchases procured through services of the state division of purchases, joint agreements with other municipalities or under state approved master price agreements pursuant to sections 2-301, 2-302 or 2-303.
(Ord. of 7-7-97, § 2; Ord. of 4-3-23, § 1)
Sec. 2-120. - Sole source procurement and emergency procurements.#
(a)
A contract may be awarded for a supply, service or construction item without competition when, under this article, the purchasing officer determines, in writing, that there is only one source for the required supply, service or construction item.
(b)
Notwithstanding any other provision of this article, the purchasing agent may make or authorize others to make emergency procurement when there exists a threat to public health, welfare or safety under the emergency conditions as defined in those regulations or where the procurement will be in the best interest of the town, as established by this article or any other properly promulgated rules and regulations; provided, however, 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, shall be included in the contract file.
(Ord. of 7-7-97, § 9)
Sec. 2-121. - Small purchases.#
Procurements, not to exceed an aggregate amount of $1,000.00 for purchases may be without bids or in accordance with small purchase regulations promulgated by the town. If the amount of the procurement is in excess of $1,000.00, but no more than $5,000.00, a minimum of three verified and recorded telephone bids shall be solicited and an award made on the basis thereof. 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. A municipality may further reduce the aggregate purchase amount as provided for in this section by ordinance.
(Ord. of 7-7-97, § 10)
Sec. 2-122. - 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 the town council determines in writing that such action, if taken, is not in the best interest of the municipality.
(Ord. of 7-7-97, § 11)
Sec. 2-123. - Responsibility 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 municipality. A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. The failure 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 bidder or offeror.
(b)
Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the purchasing department and officers administering the contract without prior written consent of the bidder or offeror.
(Ord. of 7-7-97, § 12)
Sec. 2-124. - Prequalifications of contractors.#
The town may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services and construction. The town shall adopt regulations for prequalification in the same manner provided for in the adoption of ordinances in the manner provided for in the legislative or Home Rule Charter of the town. 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: (1)
Between the time of the bid opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible; or
(2)
That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.
(Ord. of 7-7-97, § 15)
Sec. 2-125. - Staff consultants.#
The procurement of the service of an attorney, physician or dentist by the town shall be exempt from the provisions of this article.
(Ord. of 7-7-97, § 17)
Sec. 2-126. - Exclusion of state mandated costs.#
The provisions of sections 2-120, 2-121, 2-122, and 2-178 inclusive shall not apply to state mandated costs.
(Ord. of 7-7-97, § 16)
Secs. 2-127—2-145. - Reserved.#
DIVISION 2. - ADMINISTRATION#
Sec. 2-146. - Purchasing officer; appointment; duties.#
The town clerk is hereby designated to act as purchasing officer so as to exercise the powers and duties as set forth in this article unless otherwise designated by the town council. The purchasing officer shall be responsible for insuring that required bidding practices and purchasing regulations are followed.
(Ord. of 7-7-97, § 3)
Sec. 2-147. - Purchasing committee.#
Created. There shall be a purchasing committee which shall be a subcommittee of the town council and shall consist of at least five members of the town council. All bids received by the purchasing officer, after having been opened publicly by the purchasing officer and tabulated, shall automatically be referred to the purchasing committee with the recommendations of the purchasing officer. The purchasing committee shall have the following duties: (1)
Meetings. It shall meet with the administrator or head of the department requesting the purchase which is the subject of bids to be considered by the council at an upcoming council meeting prior to such meeting and shall at such committee meeting, examine all bids properly submitted to the agent.
(2)
Reports. Unless acting as a committee of the whole, the purchasing committee shall make a report of its finding to the full council at the next council meeting.
(Ord. of 7-7-97, § 4(a), (b); Amd. of 6-3-03)
Sec. 2-148. - Equal bids or offers; local vendors.#
If all bids or offers received are for the same total amount or unit price, quality, responsiveness, responsibility and service being equal, the contract shall be awarded to a local bidder or offeror. A local bidder or offeror shall be one who owns or operates a business within the town.
(Ord. of 7-7-97, § 5(2))
Secs. 2-149—2-170. - Reserved.#
DIVISION 3. - COMPETITIVE SEALED BIDS#
Sec. 2-171. - Factors in consideration of practicability.#
Contracts exceeding the amount provided by section 2-121 shall be awarded by competitive bidding unless it is determined by the town council, upon the recommendation of the purchasing officer, in writing, that this method is not practicable. Factors 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 performances, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.
(Ord. of 7-7-97, § 6(a))
Sec. 2-172. - Invitation for bids; contents.#
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.
(Ord. of 7-7-97, § 6(b))
Sec. 2-173. - Public notice of bid invitation.#
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 officer for the municipality not less than seven days nor more than 21 days before the date set for opening bids. The purchasing officer may make a written determination for that 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.
(Ord. of 7-7-97, § 6(c))
Sec. 2-174. - Sealed bids.#
Bids shall be sealed when submitted to the purchasing agent and shall be identified as bids on the envelope. Bids shall remain sealed until publicly opened as stated in section 2-175.
(Ord. of 7-7-97, § 6(d))
Sec. 2-175. - Opening of bids.#
Bids shall be opened publicly by the purchasing officer in full view of the public at the time and place designated in the invitation for bids. 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 by the town council, all documents pertinent to the awarding of the bid shall be made available and open to the public inspection and retained in the bid file.
(Ord. of 7-7-97, § 4(c); Amd. of 6-3-03)
Sec. 2-176. - Awarding of contracts.#
The contracts shall be awarded by the town council upon recommendation of the purchasing officer 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.
(Ord. of 7-7-97, § 4(d); Amd. of 6-3-03)
Sec. 2-177. - Correction or withdrawal of bids.#
Correction or withdrawl of bids may be allowed only to the extent permitted by the town council or by regulations issued by the purchasing officer and approved by the town council.
(Ord. of 7-7-97, § 4(e); Amd. of 6-3-03)
Sec. 2-178. - Negotiations after successful bidding.#
(a)
If the bids submitted pursuant to competitive sealed bidding under sections 2-171—2-174 result in bid prices in excess of funds available for the purchase, and the purchasing officer determines in writing that:
(1)
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 municipality will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in sections 2-171—2-174, 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 sections 2-201—2-205, 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 specifications 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 for 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 2-120.
(Ord. of 7-7-97, § 8)
Sec. 2-179. - Bid deposits.#
When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the purchasing agent had required such. A successful bidder shall forfeit any surety required by the agent upon failure of the bidder to enter into a contract within 15 days after the award.
(Ord. of 7-7-97, § 13)
Sec. 2-180. - Performance bond.#
When deemed necessary by the purchasing officer, he shall recommend to the council that a performance bond in a particular amount be required of a successful bidder.
(Ord. of 7-7-97, § 14)
Secs. 2-181—2-200. - Reserved.#
DIVISION 4. - COMPETITIVE NEGOTIATION#
Sec. 2-201. - Permitted when sealed bidding impracticable; notice of request for proposals.#
(a)
When under this division or any regulations adopted by the town council, the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, and except as provided in sections 2-120 and 2-121, 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 2-173.
(Ord. of 7-7-97, § 7(a), (b))
Sec. 2-202. - Conditions required.#
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;
(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.
(Ord. of 7-7-97, § 7(c))
Sec. 2-203. - Request for proposals.#
The request for proposals shall indicate the relative importance of price and other evaluation factors.
(Ord. of 7-7-97, § 7(d))
Sec. 2-204. - Award.#
Award shall be made by the town council upon the recommendation of the purchasing officer to the responsible offeror whose proposal is determined in writing to be the most advantageous to the municipality taking into consideration price and the evaluation factors set forth in the request for proposals.
(Ord. of 7-7-97, § 7(e))
Sec. 2-205. - Written or oral discussions.#
Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonably 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 regulations, 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.
(Ord. of 7-7-97, § 7(f))
Secs. 2-206—2-210. - Reserved.#
DIVISION 5. - PURCHASES PROCURED THROUGH SERVICES OF THE STATE DIVISION OF PURCHASES, JOINT AGREEMENTS WITH OTHER MUNICIPALITIES OR UNDER STATE APPROVED MASTER PRICE AGREEMENTS#
Footnotes:
--- (9) --- Editor's note— Section 2 of an ordinance adopted April 3, 2023, set out provisions intended for use as §§ 2-301—2-303. For purposes of classification, and at the editor's discretion, these provisions have been included as §§ 2-211—2-213.
Sec. 2-211. - Joint agreements with other municipalities.#
Subject to the approval of the town council of all awards costing in excess of $1,000.00, and provided that opportunity be given for competitive bidding by newspaper publication as provided herein, the purchasing agent is authorized, on behalf of the town, to enter into one or more joint agreements with one or more other Rhode Island municipalities for purchase of purchasing materials, supplies, tools and other items common in usage with such other municipalities.
(Ord. of 4-3-23, § 2)
Sec. 2-212. - Use of services of state division of purchases.#
Subject to the approval of the town council of all awards costing in excess of $1,000.00, the purchasing agent is authorized to seek the services of the state division of purchases in procuring items necessary to the operation of the town which items are in common usage to those procured by the state. The purchasing agent is authorized to file with the state purchasing agent a certified copy of this chapter as evidence of authorization to participate in purchase contracts of the state purchasing agent. The town will be bound by such terms and conditions as the state purchasing agent may prescribe and will be responsible for payment directly to the vendor under each purchase contract.
(Ord. of 4-3-23, § 2)
Sec. 2-213. - Master price agreements.#
A vendor who has a master price agreements (MPA) with the R.I. division of purchases has been pre-qualified as responsible vendors and has agreed with the division as to the maximum price that may be charged to state departments and agencies for goods and services. The town may purchase goods and services from, obtain price quotations from, or competitively negotiate prices with MPA vendors in accordance with the provisions of this chapter.
(Ord. of 4-3-23, § 2)