The text
Footnotes:
--- (13) --- Charter reference— Purchasing, § 6-5-1 et seq.; school committee purchasing, § 9-1-11.
DIVISION 1. - GENERALLY#
Secs. 70-291—70-305. - Reserved.#
DIVISION 2. - PURCHASES#
Footnotes:
--- (14) --- Charter reference— Purchasing, art. 6, ch. 5; purchasing functions of school committee, § 9-1-11.
State Law reference— Award of municipal contracts, G.L. 1956, § 45-55-1 et seq.
Sec. 70-306. - Procedures.#
(a)
Generally. The purchasing agent or other person making purchases of goods, wares or merchandise for the town before making any such purchase or entering into a contract for the same, shall undertake the following procedure:
(1)
Any purchase or contract of under $5,000.00 shall require the approval of the town manager. Bids or quotations shall not be required prior to such awards.
(2)
Any purchase or contract between $5,000.00 and $9,999.00 shall require the approval of the town manager. The purchasing agent shall obtain three telephone quotations prior to such awards.
(3)
Any purchase or contract between $10,000.00 and $19,999.00 shall require the approval of the town manager. The purchasing agent shall obtain three written quotations prior to such awards.
(4)
Any purchase or contract of $20,000.00 or more shall be awarded to the lowest responsible bidder as selected by the town council. The purchasing agent shall advertise for the solicitation of sealed bids in a local newspaper prior to such awards.
(5)
The town council and the school committee shall retain the right to reject any or all bids and, in its discretion, to direct the resolicitation of bids.
(b)
Professional services contracts.
(1)
Contracts for architectural, engineering and other similar professional services shall be excepted from the competitive bidding process and shall be awarded on the basis of professional qualifications, experience and the ability to satisfactorily complete the work within time and budget constraints. The purchasing agent shall maintain a list of qualified professionals and shall solicit proposals from this list.
(2)
Contracts for professional services of less than $20,000.00 shall be made by the town manager and contracts for such services in the sum of $20,000.00 or more shall require the approval of the town council.
(Code 1986, §§ 2-136, 2-137; Ch. 1128, § 1, 9-3-2024)
Charter reference— Central purchasing, § 6-5-2; competition bidding, § 6-5-3; authority to exempt professional services contract from competitively bid requirements, § 6-5-3h.
Sec. 70-307. - Rejecting bids.#
Any and all bids made under the provisions of this article may be rejected in the sole and uncontrolled discretion of the purchasing agent or other person offering to purchase goods, wares and merchandise for the town.
(Code 1986, § 2-138)
Charter reference— Rejecting bids, § 6-5-3d.
Sec. 70-308. - Guidelines.#
The town manager shall prepare a set of guidelines to implement the provisions of this article and the purchasing provisions of the Charter.
(Code 1986, § 2-139)
Charter reference— Purchasing requisitions, § 6-5-4.
Secs. 70-309—70-325. - Reserved.#
DIVISION 3. - SOLE SOURCE PURCHASES#
Sec. 70-326. - Sole source purchases defined.#
A contract may be awarded for a supply, service or construction item without competition when, under the regulations of this division the purchasing agent determines, in writing, that there is only one source for the required supply, service or construction item.
(Code 1986, § 18-250)
Cross reference— Definitions generally, § 1-2.
Sec. 70-327. - Sole source categories.#
Sole source categories may include: (1)
Items of a unique nature which are unavailable from other sources due to patents or proprietary processes;
(2)
Books, maps, periodicals and technical pamphlets, films, video and audio cassettes obtained from publishers;
(3)
Certain computer software;
(4)
Licenses (computer software, electronic transmittal);
(5)
Specialized replacement/repair parts or expansion parts necessary to maintain the integrity of system or function, e.g., scientific research;
(6)
Works of art for museum or public display;
(7)
Specialized services for which there is only one documented accepted source, such as transactions involving unique professional services and/or educational institutions, e.g., visiting speakers or professors, and performing institutions, e.g., visiting speakers or professors, and performing artists; repair/maintenance agreements with manufacturers;
(8)
Advertisements, public notices in magazines, trade journals, newspapers, television; provided, however, that the purchase of advertising and public relations campaign services must be established through a competitive selection process.
(Code 1986, § 18-251)
Sec. 70-328. - Responsibilities of the office of purchases and/or user departments.#
This division excepting sole source procurements from competitive bidding shall not be interpreted to reduce the responsibility of the office of purchases and/or user departments to evaluate the market continuously to research product alternatives and develop additional sources (distributors).
(Code 1986, § 18-252)
Sec. 70-329. - Alternative distributors and manufacturers.#
In attempting to achieve the goal of maximizing competition to the greatest extent possible, alternative distributors and manufacturers shall be pursued to sole source items by using compatible replacement parts as long as warranties are not affected by substitution.
(Code 1986, § 18-253)
Sec. 70-330. - Requisitions for sole source purchases.#
Because certain manufactures may not be either a sole source of obtaining an item nor offer the most competitive price, departments shall submit requisitions for sole source purchases in excess of $10,000.00 unless specifically delegated such authority by regulation or by the purchasing agency.
(Code 1986, § 18-254; Ch. 1128, § 2, 9-3-2024)
Sec. 70-331. - Maintenance contracts based upon sole source determination.#
Maintenance contracts based on sole source determination shall be subject to the following: (1)
Annual maintenance contracts shall require approval by the office of purchases.
(2)
All multiyear contracts shall require approval by the office of purchases.
(3)
To achieve better pricing, when the total amount for all contracts with the same supplier exceeds $5,000.00, the department shall submit a single purchase requisition consolidating all requirements.
(Code 1986, § 18-255; Ch. 1128, § 2, 9-3-2024)
Sec. 70-332. - Nonprofit providers.#
The purchasing officer or his designee may, at his initiation or upon the review of a justified request and/or recommendation from the department head, make a determination that a category of nonprofit providers constitutes sole source suppliers for certain types of service.
(Code 1986, § 18-256)
Sec. 70-333. - Emergencies.#
Notwithstanding any other provisions of this division, 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 promulgated by the town; 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 contractor shall be included in the contract file.
(Code 1986, § 18-257)
Sec. 70-334. - Emergency purchases.#
In accordance with procedures established by the purchasing agent, authorized officials in user departments shall be permitted to react quickly to critical situations when the cost for a remedy or repair is in excess of $5,000.00, and there is not sufficient time to undertake a public, formal or informal bidding process.
(Code 1986, § 18-258; Ch. 1128, § 2, 9-3-2024)
Sec. 70-335. - Emergency defined.#
An emergency shall mean a situation to which an urgent response is required. Immediate dangers to health and safety, threats to property and necessary functions, and failures of critical equipment constitute emergencies.
(Code 1986, § 18-259)
Cross reference— Definitions generally, § 1-2.
Sec. 70-336. - Inadequate anticipation of need.#
Inadequate anticipation of need shall not be considered justification for emergency purchases.
(Code 1986, § 18-260)
Sec. 70-337. - Extended commitments.#
Commitments which extend beyond the immediate response to the dysfunctional emergency shall be prohibited, i.e. prevention of future problems by corrective measures other than the immediate restoration of function must be pursued through the office of purchases competitive purchasing process.
(Code 1986, § 18-261)
Sec. 70-338. - List of emergency response vendors.#
(a)
Established. The office of purchases shall establish, through competitive bidding, a list of emergency response vendors and shall make such list available to user departments.
(b)
Specialized trade. When possible, departments shall obtain services from a list of vendors selected by competitive process to provide specialized trade in emergencies.
(c)
Office of purchases to assist if no designated vendors can be found. If an emergency cannot be addressed by a designated vendor, the office of purchases shall assist in obtaining names and telephone numbers of responsible vendors.
(d)
Emergency response officer to consult with office of purchases; logs to be kept of authorization to proceed. Under determination of the existence of an emergency, the user department's designated emergency response officer shall consult with the office of purchases before committing to a particular vendor. Office of purchases officials shall maintain logs of all oral confirmations of authorization to proceed.
(e)
Emergencies that occur outside of business hours. If the emergency occurs outside of business hours for the office of purchases, the user department shall be authorized to proceed in accordance with the principles and policies of sound procurement practices outlined in this section.
(Code 1986, §§ 18-262—18-266)
Sec. 70-339. - Documentation procedures.#
All emergency purchases shall be documented in accordance with procedures established by the purchasing agent. The user department shall submit documentation for the emergency situation and response acting in writing to the purchasing agent with the voucher for payment. All emergency documentation forms shall be signed by either the department director or the designated emergency response official.
(Code 1986, § 18-267)