The text
Sec. 2-181. - Purchasing agent.#
David Dugdale shall act as purchasing agent for all except the school department under these regulations.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. I, § 1)
Sec. 2-182. - Small purchases.#
Procurements not exceeding an aggregate amount of ten thousand dollars ($10,000.00) for construction and five thousand dollars ($5,000.00) for all other purchases shall be made in accordance with the directives of the purchasing agent, as these may change from time to time. The stated purchase limits shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. II, § 1)
Sec. 2-183. - Competitive sealed bidding.#
(a)
All purchases of supplies or services not described in article II hereof, except for medical, dental and legal services, shall be awarded by competitive sealed bidding unless the purchasing agent determines in writing that this method is not practicable. The factors to be considered by the purchasing agent in determining whether competitive sealed bidding is practicable shall include whether specifications can be prepared that permit an award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price, as well as the available sources, the time and place of performance and other relevant circumstances.
(b)
The invitation for bids shall state whether the award shall be made on the basis of the lowest qualified bid price or the lowest qualified 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.
(c)
Public notice of the invitations for bids shall include at a minimum that the notice be published in a newspaper of general circulation in the State of Rhode Island not less than seven (7) days nor more than twenty-one (21) days before the date set for the opening of bids. The purchasing agent may make a written determination that the twenty-one (21) day limitation needs to be waived. Such waiver shall state the reason why the twenty-one (21) day period 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.
(d)
Bids shall be opened publicly 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 and retained in the bid file. The bid file shall contain all documents pertinent to the awarding of the bid and shall be open to public inspection after the awarding of the contract.
(e)
The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest qualified bid price or the lowest qualified evaluated or responsive bid price.
(f)
A bidder may submit an amended bid within the period of time for the submission of bids and may withdraw any bid prior to the opening of the same. Bids shall be submitted in a sealed envelope which is clearly marked as a bid with a reference to the contract being bid on.
(g)
Oral, telephonic, facsimile, telex or telegraphic bids are invalid and will not receive consideration.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. III, §§ 1—7)
Sec. 2-184. - Competitive negotiation.#
(a)
When the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, a contract may be awarded by competitive negotiation.
(b)
Public notice of the request for proposals for a contract to be awarded by competitive negotiation shall be given in the same manner as a contract to be awarded by competitive sealed bidding.
(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 a part of the requirements or were not independently reached in open competition. In such case, each such competitive bidder shall be notified of the intention to negotiate and be given reasonable opportunity to negotiate. In such a case, the negotiated price must be lower than the lowest rejected bid by any competitive bidder and the negotiated price must be the lowest negotiated price offered by a competitive offeror. The request for proposals must indicate the relative importance of price and other evaluation factors. An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the town taking into consideration price and the evaluation factors set forth in the request for proposals. Written or oral discussion 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.
(d)
Discussions in competitive negotiation need not be conducted with respect to prices, where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or where time of delivery or performance will not permit discussions; or here it can be clearly 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 will result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. IV, §§ 1—4)
Sec. 2-185. - Sole source procurement and emergency procurement.#
(a)
A contract may be awarded for a supply, service or construction item without competition when the purchasing agent determines in writing that there is only one source for the required supply, service or construction item.
(b)
Notwithstanding any provision herein to the contrary, the purchasing agent may make or authorize others to take emergency procurements where there exists a threat to public health, welfare or safety in the judgment of the purchasing agent; provided that such emergency procurement 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.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. V, §§ 1, 2)
Sec. 2-186. - Cancellation or rejection of bids.#
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 by the purchasing agent that such action is taken in the best interests of the town.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. VI, § 1)
Sec. 2-187. - Responsibility of bidders.#
(a)
The purchasing agent may make a written determination of responsibility of a bidder after reasonable inquiry. Any bidder shall supply such information as is required by the purchasing agent in order to make such a determination. The failure of a bidder to promptly supply such information may be grounds for a determination of non-responsibility. Except as otherwise provided by law, information furnished by a bidder under this section shall not be disclosed outside of the department administering the contract without prior written consent of the bidder.
(b)
The purchasing agent may pre-qualify suppliers as reasonable prospective contractors for particular types of supplies, services and construction. In making such determination, the purchasing agent shall make reasonable inquiry and any prospective supplier shall furnish to the purchasing agent all information requested in order to complete said inquiry. Solicitation mailing lists of potential contractors of such supplies, services and construction shall include but need not be limited to such pre-qualified contractors. Pre-qualification shall not foreclose a written determination between the time of the bid opening or receipt of offers and the making of an award that a pre-qualified supplier is not responsible or that a supplier who is not pre-qualified at the time of bid opening or receipt of offers is responsible.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. VII, §§ 1, 2)