The text
DIVISION 1. - GENERALLY#
Secs. 2-221—2-248. - Reserved.#
DIVISION 2. - PURCHASING POLICY#
Sec. 2-249. - Adoption of the Utah Procurement Code.#
(a)
The Utah Procurement Code (U.C.A. 1953, § 63G-6-101 et seq.) is adopted as the procurement code for the town and is hereby referred to, adopted, and made a part hereof as if fully set out in this Code.
(b)
In accordance with U.C.A. 1953, § 63G-6-104(3)(a), the following sections apply: U.C.A. 1953, §§ 63G-6-103, 63G-6-105, 63G-6-301, 63G-6-303 through 63G-6-420, 63G-6-422, 63G-6-501 through 63G-6-602, 63G-6-801 through 63G-6-806, and 63G-6-815 through 63G-6-819. Provided, however, that, except as provided in U.C.A. 1953, §§ 63G-6-906 and 63G-6-907, the jurisdiction of the procurement appeals board is limited to matters involving state agencies.
(c)
In accordance with U.C.A. 1953, § 63G-6-104(3)(b), the provisions of U.C.A. 1953, §§ 63G-6-208(1)(b), 63G-6-504(4), and 63G-6-505(2) also apply to local public procurement units.
(d)
For the purpose of application of the aforesaid sections and subsections to a local public procurement unit, the term "state" shall mean "local public procurement unit," the term "chief procurement officer" or "head of a purchasing agency" shall mean any person conducting procurement for a local public procurement unit, and the term "rules and regulations" shall mean ordinances and rules and regulations promulgated by a local public procurement unit to implement or supplement those sections.
(Ord. No. 2021-1, § 1(7-401), 5-3-2021)
Sec. 2-250. - Purchasing procedures.#
Some of the factors considered when determining the "best overall value" are: (1)
Price;
(2)
Quality;
(3)
Warranty;
(4)
Service;
(5)
Availability;
(6)
Past performance with the town; and
(7)
References
(Ord. No. 2021-1, § 1(7-402), 5-3-2021)
Sec. 2-251. - Purchases.#
(a)
Purchases up to $1,000.00 in total shall not require bids of any type.
(b)
For purchases between $1,000.00 and $3,000.00, informal bids from at least three sources must be obtained. Bids should be documented on the "telephone quotation form" or may be supported by written quotations from vendors. This documentation should be attached to the purchase order. A department head or the mayor must approve the purchase prior to the issuance of a purchase order.
(c)
For purchases between $3,000.00 and $25,000.00, informal written bids from at least three sources must be obtained. Faxed quotations are acceptable. Purchases must be supported by written quotations from vendors. Direct solicitation is allowed. Award of purchase requires the approval of the mayor.
(d)
For purchases over $25,000.00, the formal sealed bid is used for major purchases. An invitation to bid must be publicly advertised in the legal paper of record at least 14 days prior to the date set for opening. Bid specifications require the approval of the mayor. Formal bids must be received sealed and in writing by a posted deadline.
(e)
All bids shall be opened before the public at a date, time and place designated in the bid request. The mayor, town clerk/recorder or their designee and other staff members of the district shall open all bids under dual control. Late bids will not be accepted. Award of purchase or contract requires the approval of the town council.
(Ord. No. 2021-1, § 1(7-403), 5-3-2021)
Sec. 2-252. - Building improvements and public works projects.#
(a)
If the town intends to undertake a building improvement or public works project paid for by the town, the town shall cause:
(1)
Plans and specification to be made for the building improvement or public works project; and
(2)
An estimate of the cost of the building improvement or public works project to be made.
(b)
If the estimated cost of the building improvement or public works project exceeds the bid limit defined in U.C.A. 1953, § 11-39-101, the district shall either solicit bids in accordance with U.C.A. 1953, § 11-39-103, or elect to comply with the state procurement code in accordance with U.C.A. 1953, § 11-39-107.
(Ord. No. 2021-1, § 1(7-404), 5-3-2021)
Sec. 2-253. - Professional service contracts.#
(a)
Either the request for proposal (RFP) or the request for qualifications (RFQ) process (or a combination) may be used. The primary difference between the two processes is that in the RFP process a specific proposal is received and evaluated. The proposal includes a scope of work and a cost proposal. In the RFQ process, statements of qualifications (SOQs) are received and a selection is made based upon those qualifications. In this process, a mutually acceptable scope of work and contract amount is negotiated with the successful bidder.
(b)
The RFP/RFQ must be approved by the town council, must be in writing and must be posted in the town's official posting place, and publicly advertised in the legal paper of record at least 14 days prior to the date set for opening. Proposals or SOQs must be submitted to the town in a sealed envelope marked with the name of the request as indicated in the instructions.
(c)
Proposals shall be opened before the public at a date, time and place designated in the RFP. All proposals shall be opened under dual control by the town council, public works director, finance director or their designee and other pertinent town staff. The proposals shall be analyzed based upon the best overall value to the town and documented including staff recommendation. Award shall be made by the town council including the approval of contracts.
(Ord. No. 2021-1, § 1(7-405), 5-3-2021)
Sec. 2-254. - Cases not requiring bidding procedures.#
The town council may approve a purchase without bid under the following conditions: (1)
The item is to be purchased under state or federal bid contracts;
(2)
There is only one known source of purchase and there is no comparable substitute product or service. Written documentation supporting the sole source must be provided;
(3)
The purchase is a specific type or brand of supply or part necessary for the acceptable operation of a machine or device, or as required by warranty or contract on the machine or device. Written documentation supporting the purchase of a specific brand or part necessary for the acceptable operation of a machine or device must be provided;
(4)
The purchase is an item or service that is required on an emergency basis; or
(5)
The item was previously awarded within the past 12 months.
(Ord. No. 2021-1, § 1(7-406), 5-3-2021)
Sec. 2-255. - Emergency procurement.#
(a)
Emergency procurement may be made when there exists a threat to public health, welfare or safety, provided that such emergency procurement shall be made with such competition as is practical under the circumstances.
(b)
In case of an emergency requiring the immediate purchase of materials, supplies, equipment or services, the town council hereby authorizes the mayor or department head to approve such emergency purchase if the situation permits. The town council shall be notified as soon as possible as to the emergency and of the associated purchases. A written determination for the basis of the emergency and for the selection of the particular contractor or vendor shall accompany the purchase order and voucher. As soon as is practicable, standard purchasing procedures will be reinstated.
(Ord. No. 2021-1, § 1(7-407), 5-3-2021)
Sec. 2-256. - Artificial division prohibited.#
Purchases shall not be artificially divided so as to create lower purchase amounts and therefore avoid some requirements of this policy. Whether or not a proposed purchase constitutes artificial division shall be determined by the mayor.
(Ord. No. 2021-1, § 1(7-408), 5-3-2021)
Sec. 2-257. - Local advantage.#
The town will make every effort to purchase from businesses located within the town if the purchase fits into the category of best overall value. It must be noted that town employees have a responsibility to the taxpayers of the town to ensure that bids are awarded to vendors offering their products or services at the best overall value to the town.
(Ord. No. 2021-1, § 1(7-409), 5-3-2021)
Sec. 2-258. - Cancellation and rejection of bids.#
An invitation to bid, request for proposal or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, as may be specified in the solicitation when it is in the best interest of the town. The reasons shall be made part of the formal bid file.
(Ord. No. 2021-1, § 1(7-410), 5-3-2021)
Sec. 2-259. - Ethics in public purchasing and contracting.#
(a)
No person involved in making procurement decisions may have personal investments or derive any income from any business entity which may create a conflict between their private interests and their public duties.
(b)
It shall be unethical for any person to offer, give, or agree to give any town employee, or for any town employee to solicit, demand, accept, or agree to accept from any vendor or business, a gift or gratuity in any amount in connection with any decision, approval, disapproval, or recommendation concerning a solicitation.
(c)
Town officials and employees shall not use an opportunity for discounted or government rates to purchase goods or services for personal use, unless the supplier makes such goods or services available to all municipal officials and employees on the same terms, provided the official or employee pays for such items from his or her own money.
(d)
Any town employee or official who shall purchase any goods or services in violation of this section is subject to disciplinary actions including possible termination.
(Ord. No. 2021-1, § 1(7-411), 5-3-2021)