The text
Footnotes:
--- (7) --- Editor's note— An ordinance adopted Dec. 12, 1995, §§ 1—8, enacted provisions pertaining to purchasing. Such ordinance did not specify manner of codification; hence, inclusion in the Code as Art. VI, §§ 2-251—2-258, has been at the discretion of the editor.
Cross reference— Finance, Ch. 7; purchasing from suppliers indebted to city, § 7-6.
Sec. 2-251. - General provisions.#
This article sets forth a uniform policy for the purchase of or contracts for supplies, materials, equipment, and professional services or work for the Town of Warren. This article shall apply to all departments, offices, commissions, committees, boards, agencies or authorities of the town.
(Ord. of 12-12-95, § 1)
Sec. 2-252. - Administration.#
(a)
The town manager shall act as the purchasing agent and shall perform the work of buying for the town. This work shall be performed pursuant to rules and regulations developed by the manager with the approval of the town council.
(b)
The purchasing agent or an officer appointed by him/her shall purchase or contract for all supplies, materials, and equipment required by any department, office, commission, committee, council, board, agency or authority of the town.
(Ord. of 12-12-95, § 2)
Sec. 2-253. - Competitive bidding.#
Contracts for or purchases of supplies, materials equipment and professional services for work to be performed in excess of five thousand dollars ($5,000.00) shall be bid, competitively. No transaction that is essentially a unit shall be divided into a series of orders for the purpose of circumventing the requirements for competitive bidding.
(Ord. of 12-12-95, § 3; Amend. of 6-8-2004)
Sec. 2-254. - Procedures for competitive bidding.#
(a)
Public notice to bid: All requests for bids must be published in a newspaper of general circulation at least seven (7) days but not more than twenty-one (21) days before the date set for opening the bids.
(b)
All bids must be sealed.
(c)
Bids will be opened publicly in full view of the public at a time and place designated in the invitation to bid. Each bid shall be recorded and an abstract made available for public inspection. All documents pertinent to the awarding of a bid shall be retained in the bid file and made available and open to public inspection.
(d)
The contract or bid shall be awarded to the lowest responsible bidder. Awards will be in writing.
(e)
The town may, at it's discretion, reject any and all bids.
(f)
Bids specifications and all factors being equal, preference shall be given to the bidder whose primary place of business is in Warren.
(Ord. of 12-12-95, § 4)
Sec. 2-255. - Competitive negotiations.#
(a)
If the purchasing agent determines that the use of competitive sealed bids is not practicable, a contract may be awarded by competitive negotiation.
(b)
Procedures for competitive negotiations:
(1)
Adequate public notice for proposals shall be given in the same manner as specified in section 2-254.
(2)
Contracts may be competitively negotiated when the purchasing agent has determined in writing that the bid prices are unreasonable as to all or part of the requirements for which:
a.
Each competitive bidder has been notified of the intention to negotiate and given reasonable opportunity to negotiate; and
b.
The negotiated price is lower than the lowest rejected bid; and
c.
The negotiated price is the lowest negotiated price offered.
(c)
Negotiations after unsuccessful bidding.
(1)
If all bids submitted pursuant to competitive sealed bidding result in bid prices in excess of the funds available and the purchasing officer determines in writing:
a.
There are no additional funds available so as to permit an award to the lowest responsible bidder; and
b.
The best interests of the town do not permit the delay attendant to rebidding with revised specifications or quantities, a negotiated award may be made.
(2)
Where there is more than one (1) bidder, competitive negotiations shall be conducted with the three (3) bidders determined to be the lowest responsive and responsible bidders to the competitive bid invitation. Such competitive negotiations shall be conducted in accordance with 45-55-7(2) [of the General Laws].
(Ord. of 12-12-95, § 5)
Sec. 2-256. - Sole source procurement and emergency procurements.#
(a)
A contract may be awarded for a service, supply or construction item without competitive bid when the purchasing officer determines in writing that there is only one (1) source for the required item or service.
(b)
The purchasing agent may make or authorize others to make emergency procurements where there is a threat to public health, welfare or safety. Such procurements shall be made with such competition as is practicable under the circumstances.
When such purchases are made, a written determination of the basis for the emergency and selection of a particular contractor shall be included in the contract file.
(Ord. of 12-12-95, § 6)
Sec. 2-257. - Cancellation of invitations for bids and request for proposals.#
An invitation for bids, a request for proposals and other solicitations may be cancelled or all bids or proposals may be rejected if it is determined, in writing, by the purchasing officer that such action is in the best interest of the town.
(Ord. of 12-12-95, § 7)
Sec. 2-258. - Staff consultants.#
The procurement of the service of an attorney, physician or dentist is exempt of the provisions of this article.
(Ord. of 12-12-95, § 8)