ARTICLE V. - AWARD OF MUNICIPAL CONTRACTS

Footnotes:

--- (10) --- Editor's note— Ch. 132, adopted Nov. 7, 1994, repealed former Art. V, §§ 2-196—2-215, relative to purchasing, and re-enacted Art. V, §§ 2-196—2-207 to read as herein set out. The provisions of former §§ 2-196—2-215 derived from Ch. 66, Arts. II—XX, adopted Dec. 7, 1981.

Cross reference— Personnel, Ch. 13.

State Law reference— Joint purchasing power, G.L. 1956, § 45-5-20.

Sec. 2-196. - Purpose and intent.#

This article of the Hopkinton, Rhode Island, ordinances entitled "Award of Municipal Contracts" shall conform with all requirements of R.I.G.L., title 45 chapter 55, entitled "Awarding of Municipal Contracts" as the same may be amended from time to time.

This article shall include provisions consistent or in furtherance of those state law requirements referred to herein.

Rules and regulations may be adopted from time to time by the Hopkinton Town Council concerning the implementation of the provisions of R.I.G.L., chapter 44-55 and the provisions of this article.

(Ch. 132, 11-7-94)

Sec. 2-197. - Definitions.#

In addition to the definition provided R.I.G.L., chapter 44-55, the following word(s) are hereby defined for the purposes of this article and the rules and regulations adopted pursuant hereto; (a)

Capital items shall mean those items of equipment and real property which have a useful life in excess of one (1) fiscal year or add to the value of an existing fixed asset (ex. typewriter, computer, peripherals, equipment with unit value of five hundred dollars ($500.00) or more; or office equipment of five hundred dollars ($500.00) or more).

(Ch. 132, 11-7-94)

Sec. 2-198. - Purchasing agent; appointment; duties.#

The town council shall designate a person or persons to act as purchasing officer so as to exercise the powers and duties set forth herein; in R.I.G.L., chapter 45-55; and in the rules and regulations adopted pursuant hereto.

(Ch. 132, 11-7-94)

Sec. 2-199. - Competitive sealed bidding.#

Pursuant to R.I.G.L., § 45-55-5, contracts exceeding the amount provided by section 2-201 entitled "Small purchases" shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable.

All contracts awarded by competitive sealed bidding shall be awarded by the purchasing agent to the lowest and best bidder. Inaddition to price, there shall be considered the following in awarding any contract: a.

The ability, capacity and skill of the bidder to perform the contract.

b.

Whether the bidder can perform the contract 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.

e.

The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

f.

The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

g.

The quality, availability adaptability of the suppliers 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.

i.

The number and scope of conditions attached to the bid.

(Ch. 132, 11-7-94)

Sec. 2-200. - Competitive negotiation.#

Pursuant to R.I.G.L., § 45-55-6, when a written determination is made that the use of competitive sealed bidding is not practicable, a contract may be awarded by competitive negotiation as provided for by this section of R.I.G.L.

(Ch. 132, 11-7-94)

Sec. 2-201. - Small purchases.#

Pursuant to R.I.G.L., § 45-55-9, procurements not to exceed an aggregate amount to ten thousand dollars ($10,000.00) for construction and five thousand dollars ($5,000.00) for all other purchases may be made in accordance with the small purchase regulations promulgated by the town. 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.

(Ch. 132, 11-7-94)

Sec. 2-202. - Responsibilities of bidders and offerors.#

The town shall issue regulations pursuant to R.I.G.L., § 45-55-11 providing for determination of responsibility of bidders and offerors.

(Ch. 132, 11-7-94)

Sec. 2-203. - Pre-qualifications of suppliers and contractors.#

The town may adopt regulations for pre-qualification of suppliers as responsible prospective contractors for particular types of supplies, services and construction, pursuant to R.I.G.L., § 44-55-12. In considering the supplier for pre-qualification, all items set forth in section 2-199 entitled "Competitive Sealed Bidding," subsections a—i, may be considered, as well as any regulations adopted by the town in furtherance of this provision.

Regulations for pre-qualification shall be adopted in the same manner provided for in the adoption of ordinances by the town.

(Ch. 132, 11-7-94)

Sec. 2-204. - Bid deposits.#

When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the purchasing agent has required such. A successful bidder shall forfeit any surety required by the purchasing agent upon failure on his part to enter into a contract within ten (10) days after the award.

(Ch. 132, 11-7-94)

Sec. 2-205. - Sole source procurement and emergency procurements.#

The town may adopt regulations providing for sole source procurement and emergency procurements pursuant to R.I.G.L., chapter 45-55-8, as the same may be amended from time to time.

(Ch. 132, 11-7-94)

Sec. 2-206. - Performance and payment bonds.#

A contractor or vendor shall provide a corporate surety bond from a surety company authorized to do business in the state to guarantee the full and faithful performance of his contract obligations and the payment of labor and material expended pursuant to the contract, whenever and in such amounts as is deemed necessary by the purchasing agent.

(Ch. 132, 11-7-94)

Sec. 2-207. - Tie bids.#

Award of all tie bids shall be made by the purchasing agent, but he purchasing agent may reject any and all bids.

(Ch. 132, 11-7-94)