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HomeMy WebLinkAbout1993-12-27 94-60 ORDER^OUNCE. ACTION Date: December 27,1993 Item No. 94-60 IteMSubject: New Prucurevnent Polioy Responsible Deparmmt: Purchasing Department Commentary: This revised policy was adapted from the American Bar Association's Model Procurement Code for Local Governments. The policy was drafted with the assistance of the Legal Department and has been presented and reviewed by all City Departmurcs. The Finance Committee and a subcommittee of the Finance Committee have reviewed the policy. The policy was reviewed again by the Finance Committee on December 20, 1993 and referred to the City Comcd for adoption. See attached memo to the City Council dated December 16, 1993 for a synopsis of the major changes and differences in the new policy. (n�" that 3 I tj\anE`/`'✓��,'n Dep mt gens Comments: nitl W -�9l City Manager Associated wormatim: Memorandum to City Councu,qf& IWAW010ol Budget Approval: Finance Director Legal Approval: City Solicitor fu Bnroduced For: Presage ❑ Fust Reading ❑ Refemel Pecember 27, 1993 94-60 Aecignedto CounNor Sullivan CITY OF BANGOR (TIREJ (orDCra....._Pc g m e pcp c Pouox.•.... _......... By tM City fbarwB afof 0119 ofBaapor: ORDERED, Tapp the document titled city of Bangor Procurement Policy. attached hereto, is nereby adopted as the Purchasing Regulations for the city of Bangor effective January 1, 1996. IN CITY COUNCIL December 27, 1993 Tabled, Referred t0 Finance Committee (AC CITY CL 94-60 ORDER Title, Adopting New Procurement Policy ...................................... IN City Council January 10-1994 Amended by Substitution and Passed r Acendsd b&+ aubetitUtim Of a:s_ Procurement Policy •^••• City Clerk Assigned to �.....h ......... ...... Mailman ;�k AS el®m® CITY OF BANGOR P R O C U R E M E N T P O L I C Y as adapted from The Model Procurement Ordinance for Local Governments By The American Bar Association in cooperation with The National Institute of Governmental Purchasing TABLE OF CONTENTS ARTICLE 1 - GENERAL PROVISION Part A - Purpose and Application 1-101 Purpose 1-102 Application Part B - Definitions 1-201 Definitions ( 1) Architect -Engineer and Land Surveying Services ( 2) Blind Trust ( 3) Brand Name or Equal Specification ( 4) Brand Name Specification ( 5) Business ( 6) Change Order ( ]) Contract Modification ( 8) Confidential in£orration ( 9) Construction (10) Contract (11) Contractor (12) Cost Analysis (13) Cost Data (14) Cost -Reimbursement Contract (15) Direct or Indirect Participation (16) Disadvantaged Business 1] Employee (18) Financial Interest (19) Gratuity (20) Immediate Family (21) Invitation for Bids (22) Person (23) Local Vendor(s) (24) Price Analysis (25) Pricing Data (26) Procurement (27) Public Agency (28) Qualified Products List (29) Request for Proposals (30) Responsible Bidder or Offeror (31) Responsive Bidder (32) Services (33) Small Business (34) Specification (35) Supplies (36) Using Agency Part C - Public Access to Procurement Information 1-301 Public Access to Procurement Information ARTICLE 2 - OFFICE OF THE PURCHASING AGENT 2-101 Establishment, Appointment, and Tenure 4 (1)Establishment of the Position of Purchasing Agent 4 (2) Appointment 4 (3) Tenure 4 2-102Authority and Duties 4 (1) Principal Public Purchasing Official 4 (2) Duties 4 (3) Operational Procedures 4 2-103 Delegations to other (City) Officials 4 ARTICLE 3 - SOURCE SELECTION AND CONTRACT FORMATION Part A - Methods of Source Selection 3-101 Competitive Sealed Bidding - 4 (1) Conditions for Use 4 (2) Invitation for Bids 5 (3) Public Notice 5 (4) Bid Opening 5 (5) Bid Acceptance and Bid Evaluation 5 (6) Correction or Withdrawal of Bide, Cancellation of Awards 5 (7) Award 5 (8) Multi -Step Sealed Bidding 5 3-102 Competitive Sealed Proposals 6 (1) Conditions for Use 6 (2) Request for Proposals 6. (3) Public Notice 6 (4) Evaluation Factors 6 (5) Discussion with Responsible Offerors and Revisions to Proposals 6 (6) Award 6 3-103 Contracting for Designated Professional Services 6 Other than Architect -Engineer b Land Surveying Services) (1) Procurement of services 6 3-104 small Purchases 6 (1) General 6 (2) Small Purchases (1,000 - $5,000) 6 (3) Small Purchases ($100 - $1,000) 7 (4) Small Purchases Under ($100) 7 3-105 Sole Source Procurement 7 3-106 Emergency Procurements - 7 3-107 Preferential Treatment 7 3-108 Tie Bids 7 3-109 Cancellation of Invitations for Bids or Request for Proposals 7 Part B - Qualifications and Duties 3-201 Responsibility of Bidders and Offerors 8 (1) Determination of Nonresponsibility 8 (2) Right of Nondisclosure 8 3-202 Cost or Pricing Data 8 (1) Required Submissions Relating to the Award of Contracts 8 (2) Exceptions 8 (3) Required Submissions Relating to Change Orders r Contract Modifications 8 (4) Exceptions 8 (5) Certification Required 8 (6) Price Adjustment Provision Required 8 3-203 Cost or Price Analysis '9 3-204 Bid and Performance Bonds on Supply or Service Contracts 9 3-205 Insurance on Supply or Services Contracts 9 ,Part C - Types of Contract Administration 3-301 Types of Contracts 9 (1) General Authority 9 (2) Multi -Term Contracts 9 (3) Multiple Source Contracting 10 3-302 Contract Clauses and Their Administration 10 (1) Contract Clauses 10 (2) Price Adjustments 11 (3) Standard Clauses and Their Modification 11 3-303 Contract Administration 11 3-304 Cost Reimbursement Provisions 11 3-305 Approval of Accounting system 11 3-306 Right to Audit Records 12 (1) Audit of Cost or Pricing Data 12 (2) Contract Audit 12 3-307 Reporting of Anticompetitive Practices 12 3-308 (City) Procurement Records (1) Contract Pile 12 (2) Retention of Procurement Records 12 ARTICLE 4 - SPECIFICATIONS 4-101 Maximum Practicable Competition 12 4-102 Qualified Products List 12 4-103 Brand Name or Equal Specification 12- (1) Use 12 (2) Designation of Several Brand Names 13 (3) Required Characteristics 13 (4) Nonrestrictive Use of Brand Name or Equal Specification 13 4-104 Brand Name Specification 13 (1) Use 13 (2) Competition 13 ARTICLE 5 - PROCUREMENT OF CONSTRUCTION, ARCHITECT -ENGINEER AND LAND SURVEYING SERVICES Part A - Management of Construction Contracting 5-101 Responsibility for Selection of Methods of Construction Contracting Management 13 Part B - Bid Security and Performance Bonds 5-201 Bid Security 13 (1) Requirement for Bid Security 13 (2) Amount of Bid Security 14 (3) Rejection of Bids for Noncompliance with Bid Security Requirement 14 (4) Withdrawal of Bids 14 5-202 Contract Performance and Payment Bonds 14 (1) When Required - Amounts 14 (2) Authority to Require Additional Bonds 14 (3) Suits on Payment Bonds - Right to Institute 14 (4) Suits on Payment Bonds - Where and When Brought 14 (5) City of Bangor Subrogation Rights 14 5-203 Copies of Bond Forms - 15 5-204 Insurance Requirements 15 Part C - Fiscal Responsibility 5-301 Contract Changes and Approval Process - 15 5-301 Fiscal Responsibility 15 Part D - Architect -Engineer and Land Surveying Services 5-401 Public Announcement and Selection Process 15 (1) Public Announcement 15 (2) Selection Process 15 (3) Negotiation 16 ARTICLE 6 - DEBARMENT OR SUSPENSION 6-101 Authority to Debar or Suspend 16 6-102 Decision to Debar or Suspend 16 6-103 Notice of Decision 17 6-104 Finality of Decision 17 ARTICLE 7 - COST PRINCIPLES (RESERVED) ARTICLE 8 - SUPPLY MANAGEMENT (RESERVED) ARTICLE 9 - APPEALS AND REMEDIES 9-101 Bid Protest 17 (1) Right to Protest - 17 (2) Stay of Procurements During Protests 17 (3) Entitlement to Costs 17 9-102 Contract Claims 17 (1) Decision of the Purchasing Agent 17 (2) Notice to the Contractor of the .Purchasing Agent's Decision 17 (3) Finality of Purchasing Agent's Decision{ contractor's Right to Appeal - 18 )4) Failure to Render Timely Decision 18 9-103 Access to Administrative Forums 18 9-104 Access to (City) Courts 18 9-105 Access to (State) Courts 18 9-106 Authority of the Purchasing Agent to Settle Bid Protests and Contract Claims 18 9-107 Remedies for Solicitations or Awardsin Violation of Law 18 (1) Prior -to Bid Opening or Closing Date for Receipt of Proposals 18 (2) Prior to Award 18 (3) After Award 18 ARTICLE 10 - COOPERATIVE PURCHASING 10-101 Authority to Join Groups 19 ARTICLE 11 - ASSISTANCE To SMALL AND DISADVANTAGED BUSINESS (RESERVED) ARTICLE 12 - ETHICS IN PUBLIC CONTRACTING (See Chapter I. Article 6. Section 7, City of Bangor Ordinance) r.,om.�, na�avrriraurev C sal Pcaisi Article 1 states the general przpme of the A licy, ard contains definitims of terse u in the policy. office of the purciusicg Agan Article 2 sugg t the 6 'c crga atioral s uce for nanaging a ccndm=Ling puhlic puuhasfcg on a csntdizal basis. At the sane tine, the Article allows delega of epprq to authority to other professiraals available od.thin tM city of Ean]or. Sauce Seltion and Contract fl tion T cle 3 �tehliahes empetitive seals] bidding as the preferred aetl� of ccntraotg, but also authm_'i the use of other sauce sele metluds in appropriate, spsciffai situations. T other source selection methods are ca p titive sealed pccp s , acyl sinpldfisl Ixcc res for malting ®all purchases, aM state the requ nts for contracting by Bch nethod. Crntcacta not aAardat by ompeti.tive s od biddfrg generally require a written justification, wdcich bewares a natter of public record. The Article also provides for c llation of solicitatf , the coat tion or wlthdraiwl of bids, aM the ra 1e tion of arch. me Article provides for �om relatfcg to the responsibility of prospective cvntraCors, ard proi auth ity to require hid a perforrerce hands. It also spares the subtussimc of coat or pricing data, a of a price acalysis or a cost analysis, for contracts 84arderl. witirut adequate price wgctiticn and for contract price adjuataents. The Article au iu the use of the type of contract scat approluiate to the praarr®ent, although it retains a prefer for fixai-pri cont x and prohibits ccst-plua-a-pe ntage-of- t contracts. It also permits, acd regulates, the use of both mclu- contcts and the tech ig of mrltiple sourre contracting. Fi ly, Article 3 also specifies .emit for e£ftiva contract arininfstratien, and for the reporting of amtazcqt ve psoric s . Specifi tioi Article 4 �s tlat a £snit he written in a mermen that zea co titicn. In particular, it regulates the use of brand name speci£icaticns to a urage cos etiticn. of Construction, Architect -E gi and Iad Sur Jing Services. Article 5 covers sprat aspto of prccu ono, ircludv the sal�tim of the alp priate netts of evnstr cn m mq� , a the use of hid, pmYormmue a payment buds. It also provides a procsLue for the emIetitive award of contrera for amhitat-mgireec aM larcl surveying 1oft Article 6 coertains for cooking deb nt or suspension Cast Principles _ Article ]has been reeervsl. shatltl the city wish to ftclude in its polity a caq�set of contract coat pri Oaf ,the tat of ChapF i, C PrllRiplee, a L ea.'®1(Plded Hegn atldla to th2 A6A Iblel + (•a -Y_ for State and local Gweiawnts may be oa,sfdersf. supply mwwg +R Article 8 City wish to irclude in its Policy the ca+era9e of such topics es quality control, i tory msnagaoa,t, a s prcperty transfer, and the disposition of surplus property, the text Of awvt 8, Supply M�nt, of tM I+sanierdal Regvlatime to the AflA Model � C..+e f State a locvl Gwmments may be consideral. Ap is a RaoaEies Article 9 s pes � for t resolution of dislutes arisvg frw the solicitation and a of �t con rx s, bid protests, and cwRract perf� cleiuc. In addition, this A bele prevides prma-Drzes for ha id cv,tracis axardad in violation of icor. Cooperative Purebasi Article 10 authorizes the n..-a=sing Aga to join coq ratfve Plrch m ywps or other q cups for the purchase of g oft or services. Es�y the article alias the City to 'pi99Y -" a, a State buyfrq oan ac or other ooc c aUve p hasin9 contract such as the thine Waith Care Assc Uon or the info 9rmPi+s1 of lural Crnvwities to purchase it such as police taxa. Assistance to 9sr11 gal Disadvantages Businesses Article 11 hes been reserved. Shvld tM city wish to include in th1s Policy a disadvantag business entspriae pr yam similar to the IME program requires by the tan for Airport projects it weld be listai in this article. ethics in Public Contrsti�g Article 12 crnGv�sethiCal s[an3ards with acwopvyv,q sanetiow that are applicable to all participants in the public �t p S. 14c proposal ethical standards caver conflicts of interest, 9ratvitins ercl kickbecka, contingent fees, and miauce of ca,fidential fofoatatioo. (this Article has been transfers i to Chapt 1. Article 6. Section 7. of the Bangor city aaLwces.l 2 o 2 NPT = 1 GENERAL PAWISTms Pant A - ivip.ae sUl tpplicffiiOU vee [venose of this rolicy is to provitle for tie felt and equitable txeatzent of all loosens fmalved an public purchasing by the city of Bangor, to maximize the gurduaial value of Public fuels in procurement, and to provide safeguertle for mgintnini,g a p[ocurewnL system of quality and integrity. 1-102 Application This Policy applies to contracts for the procurement of suivIiam, cervices, and construction, enbrea into ty Its city of Sanger after the effective date of this Polfry, unless the parties agree to its application to contracts entetM into prior to the effective date. It shall apply to every expe,dihue 0f public funds by a public agency for public puzehaming irrespective of the soulnes of the fuMa. ween the pracuramment fnwlves the expenditure of federal assistance or contract fuptls, the Bourns®lent shall ne conducted in accordance with any mandatary applicable fabral lax ant regulatione. Nothing in this Policy shall prevent any nubile aganry form complying with tme tame and conlitions of any great, gift, or levant that is otherwise consistent with law. Bazt B - Definitions (1) Architect-0pgineer 1-201 Cefinitfons. and land surveying services. theme professional smiceu within Its, scope of the practice of architecture, professional engirceting, or 1W suveyizg, as dafi N by the lax of too State of Maine. (2) Blind frust. In independently managei trust in xhfch the mplcyee-bmeficiaxy hes no management rights and in which the mployea-thnefielary is not given Notice of alterations in, or othe[ dispaeitions of, the property subject to thea trust. (3) grand nano or equal specification. A apsificatf® limited to ore or care items by manufacturers' seven or catalogue mmb¢a to describe the standard of quality, Performance, and toner salient chazmtarietice need i to Noet the city of gang r•s ragoizemevte, and Wuch provides for Ne submission of equivalent prolucts. (4) Board Naw spClficatlon. A Specification limited to one or more items by manufac[urew' naves or catalogue numbsors. (5) Business. Any corporation, partaerahip, individual, sole prcprietorahip, joint stock coulmny, joint venture, or any other private legal entity. (6) Change Order. A written order sigred and issued by the Purchasing Agent, directing the contractor to rata changes which the 'coanges' clause of the contract authorizes the PumMsirg Agent to order without the consent of the contractor. (T) Contract MWifitation (bilateral chvye). Any written alteration in specifications, dalivety point, rate of delivery, Wind of performance, price, quantity, or otter provisions of any contract accomplished by mrtual action of the parties to the contract. (B) confidential TKorvatlm. Any information Which iv available to an mpiwea only because of tM euplayce's statue an an employee of the City of 8rngor and is Not a matter of public knowledge or available to Use public on request. 1 of 19 (9) mn¢ttmti®. The Process of building, altering, repairing, iu¢ ing, or demolishing any Potato structure or building, or other public im;rwment¢ of any uni to any Public real property. It dxa not include the routine operation, routine repair, or mention maiuRensooe oY existing ettvetu[eer buildings, or real property. (10) contract. All types of City of Bangor agreaxnt¢, regardless of shat they, my be called, for the procurement of Supplies, services, or cwetructiw. (11) NMr'aetor. Airy Person having a contract With tt City of manger or a using a ncy thereof. (13) ¢»t Analysis. The evaluation of cwt data for the Perp Se of ancwing at costs actually £mrrell or estimates of costa to he incurred, prices to be paid, and coats to be reirlarsed. (13) met Data. Penland ivMrestfon CODCerain the coat of labor, anterial, overhead, and other cents elements which are expected to be interred or which Nen bees actually incurred by t e eontnctor in performing tffi contract. - (14) met-Pe1Wu[aemnt Contract. A Cantract and" WhiCh a Contractor is reimbursed fox costa which are allocable and allocable in accordance with the Contract terms soul tee provisions of thin policy, sail a fee or profit, if =Y• - (15) Direct er mtlteect PertiMpatine. Imrolverent th[m9h decision, approval, dieapprwal, mme�ulatim, preparation of any part of a purclwe request, influence tM content of any, speci£inatioa or ptwv[esent sbxNard, reMeriug of advice, investigation, aW tiny, w in any otber advisory capacity. (16) D1salvantaged Business. A mull business; which is owned or controlled by a ve]ority, of persona, not limited to mmtare of minority group, w have been deprived of t opportunity to develga aat maintain a corpetitive paition in the ecwmry because of social dieaMantagea. (17) r oyee. An individual drawing a salary or wge9 from tM City of Dmgor, Natter eluted cr not; any novemgleneated ineividal prforming personal services for the city or any Ypnrtaent, agency, Coanissiou, council, board, or soy, anter entity established by tba executive or legislative brands of the City; and say, nmcoupen¢ated individual sewing as an elected official of tar city. (18) Financial Interest. (a) Direct or indirect ownership of my interest or involvement in any relationship £r® welch, or sult of Much, a person within the past year has receiveel, or is presently or in tM future entitled to receive, area team $500.00 per year, or its equivalent; (b) Direct or iniirect ownership of 108 of any property or business to include lo% of the stack of a private corporation; or Hce Holding a position in a business such as officaz, director, trustee, partner, employee, or the lite, or holding any position of management. (19) Gratuity. A payment, loan, subcriptiw, adverse, deposit of nrney, service, or anything of More then Dentinal value, present or promised, unless coneideretaen of substantially equal or greater value is received. (30) mmdiate Family. A spouse, childsn, poems, brothers, and sisters. (ll) Invitation for sorts- All documents, Nether attached or incorporated by Interests, utilized for mliciting araled bide. (II) Poraos(s). Any business, individual, unim, committee, Club, other organization, or group of inliviAoals. 2 of 19 (23) local vendor(s). For the purposes of section 3-103 Preferential Taaataant; a humineae located within tha city a vhsn considering bide fr® vendors located within tl¢ state of wine; Cor a Wsine¢s located within the State of N when considering bids fx® venMxe located within Me thutad States or elsevhexe. (34) Price Analysis. The evaluation of price date, Without analysis a the Separate curt caponeMc And profit m in cost analysis, which my assist in Arriving at prices to he paid and coats to be reimbume3. (25) pricing Cats. Factual information ornwrning prices for itew avbetantially eitllat to diose Ming procured. Prices in th ia definition color to offered or proposed selling prices, historical selling prices and current selling prices. ffi definition refers M data relevant to bMh prim And sWxontract prices. (26) procurement. The buying, purchasing, renting, leasing, or otlaMm acquiring of Any supplies, services, or mnatrvctiov. It also includes all functions that pertain to ted obtaining of any supply, mervice, or construction, including deacriptlia a mgniremnCa, selection, And solicitation of sources, preparation and ward of contract, and all pluses of contract adeutiatratiw. (27) PubliC Agency. A public entity subject b or created by ted City of Bangor. (26) Qualified peodanc Iiet. An approved list of supplies, services, or construction itsme dewriMd by model or catalogue makers, vhich, print to cmpatitive solicitation, CM city has datemined will met CM applicable specifinatinu ra Ipireients. (29) Request for m'cryaals. All documents, wharier attached or incorporated by reference, utilized for soliciting proposals. (30) Beapwefble Bidiet Cor offeror. A parson Who has the capability in all mappers to parfom fully the motract reguitmeM¢, And ted tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, And credit vhiM will swum gzci faith performance. (31) Reeponefve Bidder. A parses vM Ion aulmitted a bid which cwfame in all material respects s' M ted xequitereM¢ Out forth in the invitation for bide. (32( services. The furnishing of later, tine or effect by a Contractor, set imrolvi g the delivery of a specific AM product other then reports which am merely incidental M ted acquired perfarmnm. This term ahalp not include mploprent agreements or collative bargaining agreements. (33) A011 eu A United States buaraand m iea which is independently owned awniis rot cannon[ in its field of operatim or an affiliate or subsidiary of a business dominant in its field of operation. (34) specification. any deeoription of the physical or fum:tioal charatariatica or of the nature of a supply, sp[vlce, or construction item. It may include a description a any regui[amant for inspecting, testLg, or preparing a supply, service, or Construction item for delivery. (35) supplies. All property, including but mot limited to equipment, materials, printing, insurance, ant leases of real property, exeluding land or a peenatreM interest in lana. (36( using Agency. My department, commission, Mazd, or public agency requiring supplies, mrvrm, or Construction procured pursuurt to this policy. 3 of 19 Part t - Pohl is %xeea to Pinrvrment Information 1-301 Public Access to Ptteuzment Information. P[ccurment infousation shall be a public record to tla amta:d, prodd,d in 1 14 A Section 401 at. seq. and shall be available to the public as provided in such statute. ART26E 2 - OFFICE OF THE PVRCsXs NG AcEnf 2-101 Establishment. AppoinOreut, and favors. Ill Establialment of the Position of Arrchaeing Agent. Thera is hetchy created the position of eoretaaLg Agent, was e l re ton city's principal p laic purchming official. (2) appointment. are wrchasLg Agent shall be appointed by the Director a Adminiotration with the approval of the City manager ant city council. (3) 'lenura. foe euachaeing Ment shall be appointed to earva an inM£lnite term and ray be removed frmi office by the city meager only upon a showing of just cause. 2-102 anthority and suntan. (l) Principal Public Porchaming Official. Emept an otherwise provided assets, the rurehasirg Ment shall aarva as the principal p Clic purcMei:g official fm Use City, and shall be reeponvlble for the procurement a supplies, servias, and cautruction in amerdmce vita this Policy,- as well as tla m mommaM and disposal of supplies. (2) Duties. in acwsdance rrith this Pclicy, and subject to the supervision of tae city vaoager and City council, the Par haling Agent shall: nal Procure or supervise the procuram nt of all sumo", aervac e, and co.attuctiov uweded by the city: (b) crew me direct super iaioo over the City's cawaxal stores and general supervieicn over all otffir inventories of suaplies lelonging to the City: (c) sell, trap, or eMeraise dispose of surplus supplies delorging to tie city: sap (d) establish and maintain pregramm for specifications develefinent, contract administration and inspection and acceptance, in cw[<ratinn with the public agencies using the supplies, services, and conetxuction. (3) operational Procedures. Consistent with this Policy, ant with the approval of the city Manager, the eorchaalng mom may adopt opat'etional procedures relating to the execution of its duties. 2-103 Delegations to other City Officials. with tap aCnammal of tae City managss, the zorcamLg Ment my :slegate authority to Purclase Certain supplies services. Or eonetnaRiw it®s to aCM[ City officials, if such delegatfen is deemad necessary far tba effective procurement a three lta®. Part A - Machado a source selection 3-101 Competitive Pealed Piddfug. (S) teMitfmxv for Use. All c®tracts of Choi City shall be awarded by c:mpatltive sanded bidding except an OttOodae provided in Pectfom 3-102 (Cmpatitive Sealed Proposals), 3-103 (Conttactiug fm waig:ated Professional Corsican), 3-104 (small Purcheeee), 3-105(SOle Pounce PrsvrmanLl. 3-106 (Emergency P[ttv[QevLe), and 5-401 (Public Announcement and Pelwtien Preeeee) of thin Policy. 4 a 19 (i) Invitation for nine. M invitation for bids stall be issued and eball include specifications, and all contractual te®s and mnditiore applicable to the procurment. (3) emblic Notice. M to public notice of the invitation for bide snail be given a reasowbla time, not less then ten (10) calendar drys print to the date cat fart: tMmin for the olani:g of bids. Such notice say include publication in a newspaper of general circulation a reasonable rive prior to bid openSM. cone public notice shall state ties place, date, aha Lire of bid opening. (4) Bid Opening. Bids shall be Ceased publicly in the gowwca of one or rare wltunwAS at the times and place designated in the invitation for bide. The wount a each bid, and such other relevant infomation as the Puchaming Ment deems appropriate. togetlwr with tbe Came of each bidder atoll M recorded; the mord and each bid shall he open to public inspection in accordance with section 1-301 (Public Access to FLecu recon mformation). (5) eine acceptances and aid gw1uation. Bldg shall be uvwMitinally a<eptH withwt alterations or correction, except as authorized in this eolicy. Side e1all be, evaluata3 basad on tne, tagairwants set forth in the invitation for bide, which may include criteria to determine acceptability such as inspection, testing, quality, rmrlmanship, delivery, aha suitability for a particular purpose. Those criteria that will affect tM bid price aha be co:aiderel in evaluation for axard stall be objectively maau[able, such as discounts, transportation Poeta, ani total or life cycle costs. TTa invitation for bids shall net forth the evaluation criteria to be used. M criteria should be used in bid evaluation that are rat set forty in the invitation for bids. (6) Contraction Or Nlthanaal Of Bids: Cancellation a boards. Correction on withdrawal of inadvertently erronewe bide before or after bid opening, or camrellation a swards or coMraots based on such bid mistakes, any be permitted where appropriate. Mistaken discovered before bid opening may W modified or withdrry by anitten or telegraphic notice received in the office designated in the invitation for bide prior to tM tura set for bid opening. after bid opening, corrections In hide aha11 be permitted only to the extent that tine birder can shw by clear and wmirv:irg evidence that a miat k Of a nonjudg ental character Cos needs, Ina nature Of the, mistake. amd the bid price actually intended. after bid opening cuangea in. bid prfcee may only be allo dl if the bid price we based cn incorrect information provided by the city. No otber changes in bid prices or other provisions of bids prejudicial to the intataet of Time City Or fair competition shall be perait4N. in lieu of bid corractiov, a Ins bidder alleging a material statuses, of fact may be permitted to withdraw its bid if: (a) the mistake is clearly evident an tow face of the bid hcum of but tbe intended correct bid is not sinularly evident; or (b) the bidder soluStn wideuce which clearly soul Convincingly decnnetrates that a m latahe was made. All dacisions to permit the correction or witMrrval a bide, or to cancel awards or smtwritten racta based on bid mistakes, shall be supported by a determination made by the FULN Meing agent. (J) Award. one contract shall be vardad with reasonable prongGross by appropriate Witten notice to the bravest reapasible aha raspwaive bidder xiwee bid meets the reoryirmcotr and criteria set forth in the invitation for bitls. In tie avant the lou twcasive ffi res ansible bid for conattuctim Project erreNe available funds as Certified by LM Finance Director, aha such bid does not exceed such funds by more than five (5) parceM, tla Parchaaing Agent is authxlr i, when time or econswe Considerations preclude rawlicitatim of Cork of a redurnd stupe, to reg bate an adjustment a the bid price with tM lw responsive arc; raaymible bidder, in Coder to bring the bid within the arowt of available funds. Any own negotiated adjustment shall be Meed only upon eliminating indaMndaut rffitluctive items specified in CM invitation for bide. (8) Milti-step needed Sidd ng. sman it is considered inprtaKical to prepare initially a purchase description to vupiuurt an award banned on pricy, an imitation for bide, may be ivawd 5 of 19 requesting the submission of unpriced offers to be followd by an invitation for bids limited to these bidder, whose offers have been datemined to be technically acceptable unlet the Criteria act forth in the first eolleitation. 3-102 seale3 Proposals. (l) comsitiotu for one. ween the Asschasi,g Agent detetmirea thM the use of cwgetitive sealed bidding is afthet net practicable at not advantassewe to the city, a contrast my be entered into by see of tee Competitive sealed prafasals robbed. (2) asquest for Proposals. Proposals shall be aelicite3 tMmgh a refuset for ptepaeal¢. (3) flY6ic 2btica. Pdaluete public notice of the request for proposal, shall be given in the sone Censor as provided in Section 3-101(3) (Cmpatitive Sealed Bidding, Public series); provided, the aavww time shell be twenty (20) calendar days. (4) 8 aluatian Factors. The request for p oaL, aMffd finials all evaluati n ferries and selection criteria that vill be used in the evaluation precaes. all evaluation factors cited in tba rxFm,t ,ball be cooaimred equal unleaa the relative ime ortarce M such facies is so n5ied of assigned W each factor listen in the request for pmpoml. (5) Discussion With ae¢pcnaiEla Mfemre and envisions to ercpcoalc. as ptovidnd in the request for proposals, diecueeims may be conducted wife responsible Offerors Nov suimft prooreals detealned to be reasonably susceptlUle of being selected for rvaM for the pupoes of clarification to assure full understanding of, and conformance to, the solicitation requirments. Offerors shall be acmtdei fair and equal treatment with respect to any Opportunity for discussion ael revisiom Of proposals and Such revisiem my be perffitted after sulndsalons and prior to award for the p,npaaa of obtaining beat and final offers. ra conducting discussions, thorns shell be an disclosure of Use identity of competing offerors or of any information derived from ptopouals auMitted by competing offesors. (6) Award. award shall be made W tee responsible offerer whose proposal ie dermmined in writing to be the meat aMaMagawa on tim city, taking into conetderetim price " tem, evaluation factcca met forth in the request for proposals. No Meer factors or Criteria shall be used in ria evaluation. 71e contract file $bell eoMein the beefs on vhieh tee award is mode. 3-103 Contracting for Designated Professional services (other Wan AmhiWct-Ggir,eet 6 land surveying Services). (1) PrecutCrent M servaceg. ror the psspose M procuring too merricas ergy of accwntanW, cl, physic' , lawyers, demi ts, industrial hygienists, apptaisersCr older professionals Section 3-102 Icmpetitive sealed Proposals). shall be Coal except m proviled under Settion 3-105 (sols Storrs Procurement) or section 3-106 (smargercy Procu[emeM) 3-104 .mall Purchases. (1) Genital. My contract emting lase been $5,000 may be mode in secondaries with the small purchases, prcce3ue¢ autM¢Laed in WL section. contract requirmeento atoll not be artificially dividm so m W constitute a small purchase under tbfa entries. (2) meall Purchase costing b1,000 Wt leas tam 65,000. m so far as it is practical for mall p.¢chasas in excess M $1,000, no lose than three businesses shell be solicited W auhmit gwtatiev. nvsrd sha11 be made to tee business offering Me breast xceptable quotation. The roses Of the le airmeaea uYmittirg quotations, easel W date aW mm,M of seed quotation, shall be worded end vaintaival as a Public retard. all pricing information shelf be seat directly W Cie Purchasing Agent. 6M19 )3) mall Purchases coating over $100 for lees than $1,000. oche Purchasing Agent she11 adopt operational prmeducea for making ®all purcM¢e¢ of $100 - $1,000. Buoh operational prm¢ilures shall provide for obtaLning ad6wate ndl reawreble cmgmtitim for the supply, aivice, or coretnwtim ;sing purchased: further, much oparational procedures shell require the preparation and maiHIawna of written records adequate W dent the cropatition c1blained, properly account for the funds expelled, antl facilitate an audit of Ne mall purchase aside. (4) mull Purctuaea coating up to $100. kVrchawe of np to $IOD say use a single selection, after Contact, Meed on maemable price, steek availability and delivery requirements. 3-105 sole source P[ocuremant. A Contract any M awarded viNout c mpetitim Mm the Purchasing Agent deMzainea m writing, after catluotLg a gud faith review of available sources, that there is only one mource for tde required supply, S construction item. Me Purchasing Aped +hell con duct ro9Dtiatiov, as appropriate, as to price, delivery, and M®e. A record of sole source prrcurm ant¢ Shall M meintairod as a publle record and shell list each contractor 'a name, the amount and type of each Contract, a listing of the itmiml procural under each contract, aha the identification of each Contract file. 3-1e6 avergenoy Prmurmmnta. potwitheteMing any other 1 i¢ion¢ of this Policy, the surchasing Agent may sake or authorize others to m ssusrg,u of supplies, servaces, or construction items Men there exists a threat to public health, welfare, or safety; proviMthat such anargemy prncuta®nta shell M aside with Such coupetition as is precticabla witlaz that eirematanc,s. A written detersuvtL,n of the for the mwsof gency and for the Selection the tic pazular he W Contractor shall M included in the contrmt file. Aa ac® as practicable, a record of east margency pmcurment stall M made and ¢hell set fortd tW contractor's naw, tha amount and ty M the Contract, a listing of tW item(a) procured wWer to c®tract, and the identification of the contract file. 3-107 Prafarentlal Tleatrant LCal vaadora stall not M granted preferential treatment alcept if two or mare bids received are fm tat mass total amunt or wit price, quality and Service Ming equal. In such i.nctarces, their bids sM13 M preferred over tbose of catside vendors. 3-108 Tie Bich. If tie bids are not resolved by prefinential treaummat for lcc l vendors, ties stall be evolved by the drawing of lot, or Uma flip of a coin. such tie breaking procedures shall M parfo®id during a meeting of the Finance of Lae City Cwrcil. 3-109 Cancellation of ICvitatimu for aids or wqueata for Propc,a s- An invitation fm bide, a regaest for proppeals, or other solicitation may M cancelled, or any or all bide or proposals may M rejected in Prole or in part as may b, specified in the solicitation, when it is for good cense and in tat Mat interest of the city. xhe reasons tearefm BMll be mahe part of tffi contract file. axh solicitation issued by the City shall state that tW mlicltatlon Coy W cenmlled and Chet any bid or proposal may W rejacted in whole or in part for gatl casae when in the Met interests of the City. Notice of cancellation shall M east to all businesses a LciWd. slam notice shall identify ttw solicitation, explain tW reason far cancellation and, Mare epproptiata, mplain that an o unity will M given M cmpvte on my neolfCiMtiov M army future procurevents of Bundler items. sesame fm rejection shall M provided spm ralue¢t by unsuccessful hitlrprs or offerors. 7of 19 Part 9 - @wufieaume ant cutin 3-201 mrsponsibility a gI:dete and Offerors. (1) Wteednecion of Nanre sibility. if a bidder or offeror wtw otl:anwise would have Econ awarded a contract is foaM nomespomible, a written deturination of ronceapm:eiWlity, setting forth the basis of the finding, shall be prepared by the Purchasing Agent. Airy growWa which could gin tb City the right to demand adequate assuraxnae or du perfornvice as to an awarded contract osier 11 MCG V-609 sla11 he deaped ads ate gPYMa for a determination of con-rasponeiblity under thin sectio:. The unreasonable failure of a bidder or offeror to sumly Promptly information in cawection with an inquiry vith respect to xe p ibility way be grounds for a scat urination of norteapnnaihility vith Teapot to such bidder or offeror. A copy of the determination shall he amt prmiptly to the norteapanalble bidder or offeror. The final tletemiratiov shall he made part of the contract file ant he made a Public recortl. (2( Right of Norcliuloaure. Information furnished, by a bidder or offeror pursuant to this section shall rot he disclosed by the city outside of the office of the 9th sinq Agent, or ming agency, without prior written consent by the bidder or offeror. 3-202 Gat or Pricing rata. (1( Required submfsaione PslatLy to the Award of contracts. A p pective contractor shall Nlmit cost or pricing data when the contract is expected to exceed $100,000.00 and is to be awarded bi vole source procurmeat authority (section 3-1051 sole source srxuremnt). (2( @wwptios The sulmissim of cost or pricing data relating to the award of a rostrad is not regulrei when: (a( the contract price is based so adequate price campetitioi (b( the contract price is bead on established catalogue prices or markt prices, (c) the contract price is act by law or regulation: or (d( it is determined in writing by the Purctaairg Agent that the requirements of Section 3-202(1) (Get or Pricing Data; Required suMission sainting to the Award of Cantracta) my he valved, and the tletemimtim states the reason for such waiver. (3) Pagu&.ad S"IMMISBIOCZ aelMing tc Chvye orders or Contract Halifications. A contractor shall sutmit amt or pricing data prior to the pricing of any change order or contract modification, including adjustsents to contracts awarded by competitive coaled biking, whetter or not costa or pricing data was required in connection with the initial pricing of the cortract, when the chane or codification involves aggregate inc aggregate decreases in cents plus applicable profits that atc em ryecd to exceed 6100,000.00. (4) arwptiom. The subvmion of cost or pricing data relating to tba pricing of a change oder or contract mdificallw is acrevirad when: (a) consisted nod separately priced Wjustvenm for which coat or pricing data would not be requires are cmeolidated for ad,instratims convenieme; or (b) it is rbte[minei in writing by the Purchasing Agent that the requlremnts of 6utim 3-202(3) (mat or P icing Rete) Rqufred Suheieeio: Relating to chmya cascara or Contract Itdifimtiau) may be waived and the detamimtfan states the reasons for such waiver. (5) Certification Required. A Contractor, actual or Pmepective, required to subunit cost or pricing data in accordance with this section, shall cartuy that, to, the beat of hiclhar lm:wledge red helief, the coat or pricing data eilmirtmi was accurate, complete, and errant as of a mtuslly specified date prior to the award of the co: tascc or the pricing of the change order or contract mltficrtion. (6) ace adjustment Pravieim peguired. Any contract award, chaya Ordaz, or contract xcdification under wbich the submission and certification of mat or pricing data we required S of 19 shall Contain a provision Crating Used; the price to the City, including profit or fee, shall be adjusted to emlude any significant ams by Miens the City finds that Cuch price was ammeams,nd because the contractor - furni¢M3 cost or pricing data wase inaccurate, LvaaQlete, or not: current as of Ne date agreed upon hatvaen the City and the contractor. 3-203 Coat Or Price analysis. A Poet analysis Or a prim analysis, as apprcpraats, eball be conducted prix to award a one contract Other rhes ore avardnd undec section 3-101 (Cupatitiw sealed Bidding). A written record of soon cast anaysis Or price analysis eNll be nada a part of the contract file. 3-204 aid and Perfornwne foods on supply Or descries Contracts. add and Parfornarce WMs Or otter security my be requested for supply Contracts Or cervine contracts as the Purchasing Agent or head of a mi,q department deems advisable to protect the City's interests. Any such bonding requirawMa shall be Set forth in Me solicitation. aid or paz£ormanca brands stall not be used as substitute for a tlatenmination of a bick ar x effemr•s financial or other responsibility. 3-205 Insurance on supply or service contracts. Cocprahamive gemral liability, fire Naard, prgazty tlamags, wrkars <mnpen¢ation Or other insurance overage ray be required in connection site any City owrtract, Men the Puzciwing Agent, City solicitor, Or head of a using dopa Y nK deme such insurance advisable to protect the City" interests. Any own insurance regoirewnt "Tall be "et fxN in Use solicitation. Insurance shall out be used us a subatituta for a dernrnuuaticn of tan biddaz or offesx•a financial Or other responsibility. Part C - Types Of Customers aha Gntract Atlmini¢tration 3-301 Types of contracts. (l) General Authority. Subject to tan limitatiwi¢ of Ni" section, any type of contract Mich is appropriate to the prom[erteM aha which will promote the bast interests a the City may be used, provided tlut the use of s contract is prohibited. A Costs'e Mursment contract nay be used only when a determination is Code in writing that own contract is likely to be lase costly to the City then any caner type or Nat it is impracticable to Obtain the supply, servlcs, or Construction it® required except uvdar such a roetract. (2) multi -warm CmKrac (a) specified rerio3. unless otMzwi¢e provided by law, acontract fur x supplleaservices nay be entered into fur any period of tine dammed to Ina the best interest at the City, provided the term of the contract and mrdttions Of rereval Or aztenaica, if any, are included in the solicitation and funds are available fur Na first fiscal periM at the tine of contracting. Pay"ent and performance obligatiwu for aucceading fiscal period" shall be subject to Ne availability and appropriation of foods therefor. (b) Wta[misatics Prior t0 Vee. P[SOr to, ChB utrlizatfM a a multi-t*xas Contract, it shall be detesmimd: (i) Chat estuaries requitmante Cesar the period of tan contract and are reaacnebly firm aod continuing; and (ii) stet such a construct will Curve the Nat ixtans ats a tan city by unuu-eging effective ccapetition or otnervise preventing centuries in the City's prmureenat. (c) Cancellation Cos to Nuavallebillty of Console in sueeeMing Fiscal Perinds. wsan funds are our: appy pri.atM Or otherwise ®ds available to sup Contiaviimn of performance in a 9 of 19 subsequent fiscal period, the contract shall be Cancelled and the Contractor shell be micbumed for the reasonable value of airy nonrecurring costs fncuaed but not amortised in the price of the supplies or envious delivered sonar the contract. The coat a cannellatim nay M paid frm any appropriations available for such purposes. (3) sultiple shame Contracting. )a) (amral. A MItiple rousse award is an aware of an imafinite quantity Contract for one or loare similar Supplies or services to wre than me bidder or offeror. The obligation to order the City's actual mpi[®erte IS liaited by the provision of unifo® cessarcial Cab. 11 MRSA 92-306(1)• )b) I.icitatime m Use. A aa:ltipla source aoard say m ones when award to own or more bidders or o££eroro for sindla[ pcolucte is necessary for atlslmte delivery, service, or product cm¢atibility. Any wltiple, Soares award shall bs soon is aao[device with the provision of lactim 3-101 )CNpetitive coaled Bidding), atttfm 3-103 (cropetitive sealed Proposals), section 3-104 )scall Purchases), and section 3-106 (EAecgmcY Procur®ente), as applicable. evltiple source awards sia11 net be mode wan a single aoard will wet the City's naso Without sacrifice a ecmmy or service. Amo shall wt be Sade for the purpose of dividing ton business, caking nvnilebl, paWuct or supplier selection to allow for user preference unassisted W utility or ecmmy, or avoiding the resolution of tie bide. Any such amends shall be limen A tothe least numinr of suppliare neceas xy W met the valid cwryi[®nb. (c) matted and Solicitation Provieiove. All eligible users of the contract shall be named in the solicitatiw, and it shall be wndanc y that the actual raryireoents of such =am that can be act under the contract be obtained in mcoNanca with the cotR[v^t, provided that: )1) ton City shall reserve the right W take hide separately if a particular quantity requirement arises Mien vmwls its rowel regufrment or an sewmt specified an CM connet; and (ii) the city shall reserve the right W take bide separately if the Purchasing Agent approves a filling that the supply or service available soon[ the moment will not seat a ronreourring special metl of the city. (d) Intent to use. if a mdtiple so,sro aum[d is andicipeted prior W ironing a Solicitation, the City shall reserve the right to sale such an award and has Criteria for award shall be stated in the solicitation. )e) Demanination Required. The purchasing Agent shall sake a written detervunatim setting forth me masons for a wltiple source award, which shell he Suds a part of the prmurecent file. 3-302 contract Classes and Their Mministration. (3) contract clauses. All city contracts for suppllas, orvices, aha construction rail include provisions necessary W define the responsibilities and rigam of the parties M the contract. The Purchasing Agent, after anuultation with the city solicitor, say issue epprap[ clauses iate for rawly, service, or nstruction contracts, addressing aothe following subjects: (a) the unflataral right m:gtare of the City W order in writing changes in to sock within the scope of the contract; (b) the unilateral right of to city to order in writing tm{aruy sm%ping of the wack or delaying perfawance that icer not alter the scope of Ne Contrast; )c) variations xcumi:g between eetfmtad quantities of work in contract aha actual guusntities; )d) defective pricing: (e) liquidatrd images; (f) specifled excuses for delay or vmperfmwnce; )9) temu:atim of the contract for default: (h) te®Letion of to contrast 1n whole or In part for ion, wme:uenro of to City; (i) mspenaim of work on a construction project ordu d ty the city; 10 of 19 (j) site renditions differing froe those intlleated in the contract, or ordtnacily acomntonnd, asmpt that a differing site conditions chum, n d rot be included in a contract: (i) Men the contract is negotiated; (ii) when the Contractor provides am site or design; or (iii) when the parties have Otherwise agreed with respect t0 Ne risk of differing site conditions. (k) the right Of the City to require that the contract be perfarned ircmpliarwe with all applicable city ordivavicear building rosea, and state and evderal laws; (1) epecifyi:g Whether and usukr what conditions contract disputes may be subject to binding or non-binding arbitration; aN sa) apcifyi g what law is applicable to resolution Or erntrece disputes. (3) Prim Adjustments. (a( sdJustmaMs in prim resulting fr® the use a contract clauses req, by subsection (1) of thia section shall he cmiputed in am or core of tha rollwing rage: (i) by agreemat on a fid price adjustrent before coassencesent of the pertinent Pet'Potaunee Or an soon thereafter as practicable; (ii) by wit prices specified is chs ...tract , aubnquaRly agreed upon; (iii) by the nests attributable to the events, or situations under such clauses with adjuMrent of profit or fee, all as specified in tM contract or subsequently egead apse; (iv) in such othet msmer as the cmntractinc patties ray a tually agree; or (v) in the absence of agmenant by the parties, by a unilateral determireticn by the City of the meta attributable to the events or situations maker seen clauses with adjustmnt of profit or fee as mvpumd by the City, as announced for in acmMaxam with (reference t0 cost principles) and subject to the provision of Art£cle 9 (a Pals and saedies(. (b( A Contractor shall be required to submit coat or Miclug data if any adjustment in Cottrast price is abject to the provision of section 3-302 (Coat or wiring Data). (3) Standazd Clausen vN their xMification. she rarchmine Ment, after Consultation site the - City Solicitor, meq establish standard c.Mcact clauses for use in City cont:ts. If the Purchasing Agent establishes any standazd .lases addressing the subjects M forth in Subsection (1) of this Session, each clauses way be vazied provided that any variations "are revic.¢d by the City Solicit,. 3-303 Csnttatt Administration. A emtract w1unistration ayston designed to insure that a contractor is perforndng in coraanm with the solicitation under MPM the Contract was awarded, and am taros and conditions .f the contract, shall he maintained. 3-304 mat Sairlumamant Provisions. amer,ed. 3-305 }ppiMal Of Xcountin] 9yatem. Emept with mapect t0 firm fined -price Contracts, no contract type shall be used ,,less it has been determined in writing by the sursma ing Meat th is (a) the propound contractor's accounting systen will permit tiaely dwel pcaM Of all necessary net data in the form required by the specific Can1sract type contemplated; end (b) CM prgmM contractot•e accounting oysters is adequate to allocate Coate in accordance with generally accepted cert accounting principles. 11 Of 19 3-306 Right t0 Audit smart s. )1) Audit of scot or Pricing Date. she city say at maemable times utl Places, awllt the Coke and records Of My moros tot Who Me euimitfad coat or pricing data PursUant to section 3-202 (Cont or Pricing Dere) to the extent that such broks, da==wn, Papers, and rxorde are pertinent to such mat or pricing data. Any person slow reacontract, change order. or contract mdificati® for which east w pricing data is reguired,shall a iintain such (coke, document, papers, and rmorde that are pertinent to each cwt or pricing date for three )3) years frees the date of final payaent sa3 the contract. (2) Catrant.Vtlit. Toe City shall be entitled to m:tlis the bmW and record¢ of a CwRnctor Or a subcontractor at any tier under any ragotimal Contract or subcontract other than a fir¢ fixed price contract to the a ant that each books, docaents papers, end records aro Partisans: to the parfoirterce a such contract he eubc®tract. shch books and remands shall be wintained by the contractor for a per" of three )3) years fran Ne date of final pay t oHei Ne prima contract and by the eubc®tractor for a period of three (3) fere fran the date of final Payment under the aulcontrxt. - 3-307 Pepartfng of Bnticmpnfitive Practices. hhm for any reason collusion or other autic®gtitive practices are suspected strong any bidders or offernov, a write of the re3evmt facie shall be transmitted to the state Attmrey control aha the, city solicitur. 3-3D8 City Prxvreent Aecoma. (1) mu tcxt Pile. All derawinsttau end other written records Pertaining w the solicitation, asnad, or perfmrwnce of a contract shall he maintained for the City in a contract file by the Porcheiag egent. (2) Petentim of Procutrnt Records. All procureneM rxordn shell be retained and dispss M of by the City in xwrdance with remN rsosnt guidelines aha schedules approved by the city Council. N038: Rmords as m awarded matracta should he retained for at least six (6) years following final perfarmahm thereunder. stator of limitations under 14 MRSA 5751 et. seg. is 20 years for actions on matrxN u: ier Goal aha nmxithe 10 years for negligence of design professionals. M=1 4 - aPIXIPICATIONG 4-101 ho nsourn Practicable cmpetltim. All specifications aball he drafted so as m pccnow overall econmy for the par oms inteNM and encourage coq atition in satisfying the city•¢ needs, aha Shall not be :mealy restrictive. The Policy enunciated in this sxtim applies, to all specifications imluoUng but sot limital to, Wx Prepared for the city by architects, enginasn, tleaigmn, and dtaftewn. 4-102 glelified Promote List. ReS6RV® 4-103 Brand None or Pqual specification. (1) Dee. Brand here or equal spelflcaticas say be used when the Purchasing agent deter mines that: (a) no other design or perforeence specification or qualified prodmto list is available: 12 of 15 (b) tion does not permit Ube preiwratim of another form of pudowse description, not including a Mend nem aPocificatiw: (c) the nature of the product or the mire of the City's f irssxona makes use M a Mand equal specification suitable for the procurement; or (d) uorse oe a Mand name or equal aeeci£icatiw is in the city's beat Lrtazeats. (3) oe.ign.tion of Several Brans xama. Brand name or equal specifications shell seek to daaigwte totes, or as many different brands as aro practicable, as or equal- refarawes end shell further state twat substantially equivalent products to theme designated will be wnsiiarel for season. (3) Beguired CNracte[vttca. Unless tion PutcMeing Agent dete®inee Used: the essential characteristics of the brand name include in Me specifications are cwnonly grnn in the industry or trade, Mand nam or equal specifications aball include a description of the particul r design, functional, or perfosmsace c acteristics M.ith are required. (4)mvreetrl Live Use, of azwd or Equal specifications. � a Mand nese or egml specification need in a solicitation, the s0licitation shall contain eApmgu iatory lanage thrt the use of a brand caws is for one purwae of describing the atandard of quality, perfomenca, ad chsracteristics desires and is not intended to limit or restrict cmpatiticn. 4-104 araM Nam specification. (1) Use. Sime we of a brand Care specification is restrictive of product cw@atition, it may be used only when the aurchasing ngent determines that only the identified brand nam item or itmre will satisfy the city's needs. (3) Competition. she Iurehasing Agent shall seek to identify s urces from which the designated brand Uses item or item can be obtained mtl shall solicit such sonans to achieve Nutever degcw oY price Competition is practicable. If only one supply the regui[ewvt, Me procurement shall to mile under Section 3-105 (sole scurce proeurment). ARTICLE 5 - PROCUREMENT OF AND LAND SURVEYING S=CES Part A - managareM of Cwat2nctlw contracting 5-101 Beaoeneibility for selection of Methods of CwstruRiw Contracting Management. She Purchasing Agan cull have Me discretion to select the appropriate mtMd of construction contracting management for a particular p ject. rn determining which mMM to u Ma wrchasiag Agant my consult wind Me City angina r ani shell consider the city's requirements, its resources, ani the pstenial contractor's capabilities. If a netted of conatructiw contracting awnag®n2 ota than a single primcontractor is selected, Me Purchasing Agent shall include in the contract file a written statement setting £sett the reasmu for the alternate method of eensixuctiw contracting momgemen for test project. Part B - Bid SecYrity and Perfmmace Banda 5-301 Bid ssurity. (1) mquireman for Bid Security. Bid security shell M required for all competitive sealed bidding fon cwe4vctiw contracts when the price te estimtnd to eareed $100,000.00. Bid curity shall be a MM provided by a Surety um®any, autonized to d business in the State of Naim, or Me aluivalwt to cash, or othaxvise, supplied In a fees Satisfactory to the Puzehamisg Agent. NothiM herein Shall p£avmt the requirtmeCt of Smh bunds on cwsMugt wstracto under $100,000,00 wean the cireumtamee warian2. 13 of 19 (L) Amamt of Bid security. Bid security shell be an mrnu2 equal to at Least 5% of the mount of the Md. (3) .Rejection of Bids for wrcm@liavice with aid security Pequirearts. When the invitation for bide Cagaires security, norcmpliarce reguires that the bid be rejecmd unless it is deteadmH CMC the bid fails to comply only = a Consubstantial Bu :mr with tha security reap:lr®anra. (4) huthdrmal of aids. If a bidder is permitted M withdraw Ml/Mt bitl before award as pfwided in Seetlen 3-101(6) (competitim Sealed Bidding, Cottonton or Withdrawal of aids, Cancellation of Beanie), no action shall M rade against the bidder or the bid security. s-ini mnotmat eerforwance and payvent mods. (1) When Required - Pmunts. Mien a construction contract is awarded in ares, a $100,000.00, the follwring hands or Security shall M delivered t0 the City and shall tecome binding no the parties upon the eacutfon of the contrast: (a) a perfa mvoe bard Satisfactory t0 the City, executed by A Surety mvpeny auUw[izei to M busima, in the State of Mahe or otherwise secures inanaauwx satisfactory to the City, in an aotoot to equal to 100% of the price Specified in the contract; and hbh a payoent bond eatisfactery to the City, eacuted hi a surety cmpany authorized to do Wsiveea in The State a Maine or otherwise "cured in satisfactory to the City, for the protection of all persons supplying lata, "N notarial to Hon_ contractor or its auhdw[:acfars for the performance of the work provided for in the contract. 'Me hand Shall be in an amunt equal to 100% of the prim Specified in the Contract. (2) Authority to Require Mlitional Bonds. Nothing M this Section shall be construed to limit the auHwrity of the city M rcqu a perforsoom Wnd or other security fn addition To those Gonda, or in oirowStucen other then specified in suhmeticn (l) of this Section. (3) Buits on Payant Pmdls - Right to Institute. unless otMxwise authorised by lar, any person who lea fursaaMd labor or material M the contractor or subcontractors for the work provided in Ma contract, for which a payment Mad is furnished under this section, and who her not been paid in full within 90 days from the data on Mich that person perfcomad the loot of the labor or at@plied the Baterial, shall Mve the right to sue on the payzent bond for any mount unpaid at the ties the suit is instituted and to prosecute the action for the amwR the tNt Person. however, any Person having a contract with a subcontractor of the contractor, hot no BXPMB, or ioplied contract with the rontract r fami,hirg the payment band, shall have a right of action upon the payment band upon giving written mtita to the contractor within 90 days fr® the dam so wbich that person perforned the last of the lator or supplied the Betetial. That person atoll state in the notice the avant claixed and the Case of the party to whom the esmrial was supplied or for wham the lain, wase lerformd. The notice shell be Serves personally or by registered or certified mail, postage prepaid, in an envelope adomesed to tba emRrwtor at any plvx Un e,at atzr mintaie an office or random business. (a) Suite on pg®nt Honda - where and toren Brought. hale" otMsw3" authorimd pry law, every suit imtituted upon a payoent Wnd shall be brought in a court a competent jurisdiction fn Pembacmt county. (5) City of Bangor Subrayafim Rights - The city of ganga[ may reserve by Contract the right to mads payaenta dssectly to any supplier or auhwntraotor who shall not have received tinily seymnt from the contractor for labor or materials provided to a City project. In the event the City Shell Meda such p 81 it shall be devoted subrogated to the rights of the supplier or suMontracto[ cm:cermd to the extent a the pvyvnnm Cade, ami may i,rtitate Suit on any payesM Wel as provided shove The City•s right to institute suit under this paragraph shall M in addltlan M the City's rights in regaN to payment of omnact fw:da to the contractor or to institute suit against the contractor for enfor mem of any perfomanm Mad. 14 of 19 5-203 copies of Bard Forms. My yar on may request and obtain fran the City a certified cosh of a bond upon pynent Of the coot of reproduction of the bond end postage, if my. A Certified copy of a bond shall be prima facie evidenre of the contants, exacution, aha delivery of the original. 5-209 Insu¢arce Fequirma,¢a where the tvrctasing Agent has required liability or lusard insurance anaeco[Omce with 3-205, the ffintmm Coverage avant of such insurance shall be $300,000.00 for Comprehensive general liability ca+erage aha the value of the City property affected for fire, hazard or pr<yerty damage inauranca. A higher covazage 13mft coy tc specified. Me city shall be named as an adiitietul insured on all such insurance policies, mhtU shall be issued by an amurence trussing authorized said SicmaW to do tusiress in the state of waire. Part C - Fiscal Poepan¢fbility 5-301 contract Changes and Approval Process Every contract modification, change order, or contract price adjustment under a construction contract with the City shall be subject to prior spprwal by the City manager after receiving a report frm the dopa meant head or oder appropriate City official that the rasiasted change is appropriata and that sufficient fund; areaailable therefor.. n the event that the certification of the depavtaerR land or appropriate City official discloses a resulting increase in the total project budget or the total contract budget such iorease shall he subject to the prior approval of the Finance citta of the city mwcil. 5-302 Fisca Responsibility. Every contract codification, change order, or contratt price adjustment In exness a $100,000.00 under a Construction contract with the city shall be subject to prior approval by+the City Council afWt receiving a report from the appropriate city official as to the effect of the contract modification, change order, or contract price adjustnent on the total project budget or the total contract budget. , Part D - AbehltsCt-Enginaet aha Lod Surveying 3e"ices 5w01 Public Announcement and Selection Process. (1) sublic Annowcement. it is the policy of the city to amanuenses publicly all reguizemnta for azehitactrengiaear ard land surveying services and to negotiate such contracts on the basis of demonstrated c®paterce anal qualificrtiona at fair aha remediable prices. in the procurement of architeR,=ngireer and land surveying servirea, the purchasing Agent shall request firma to submit a statement of qualifications ani perfer;aice data. (2) ¢eleet£on Process. A selection committee rvmpaM of at least three saunters, including the Purchasing Agent, the City manager or his daignam and the City Engine' or the heal of the, using agenry in used of the architx2vngirem or land surveying services; shall coact discussions with an leas than tbrea firma regarding the prgzaed contract aha the relative utility a alternative Cathode of eppreach for furnishLg tet. required service; and ahall Wheat £ren among dr® an less than three of the firm de ad mat qualified to provide the required service . Me selection shall be rade in order of prefetaxe, haee3 on criWris established seal lublished by Che selection committee. she selection committee shall add Cmhar(s) when It is date®inetl that additional a rtise is required to mke informal decisions regarding selection o£ a fire. mo rawtrictLm shall apply to the membership of the cauittee. 15 a 15 (3) Negotiation. Tba Prschaeing Agent shall negotiate a covtract With the fixm cccw d si to be tis most qualified for amhiteRreunineer or land sun'eyimg services at umpeneation wbiN tees Purclueing Agant detaxmfwa to be fair and reasonable to toe, city. In rYing Nie asoisim the IurnhaaLy x nt shall take into amount tea estimated value, Na scope, tis complexity, ant Ne professimul nature Of Ne services to be reelected. Shculd Ne avxchaming agent be unable to negotiate a satisfaetoxy contract with the firm rnreideted to be the mat quallfiadat a price the tvrchasirg agent deteradree to be falx ant reasonable to the City, negotiations With that firm shall be formally terminated. she rurchami g Agent shall then undertake negotiations with Na sewxtl most qualified fire. Failing accord W1N the secant most qualified firm, the Purchasing agent ahall then undertake mgotiatims WiN the Nfxd mat qualified firm. Should the wxchaeing agent be unable to negotiate a contract at a fair ant reasonable price With any of Ne selected fires, Ne selection ccamitfse shell select edditiorel firm in ordar of Chair competence sod qualifications, and Ne eurcbasirg agent shall continue r yvifaticna m accordance WiN Nis section until an agreme,rt is reached. ARTTQ 6 - pP.BPel6NP OR SUSPENSION 6-101 Authcrity N oebaz or suspend. attar reaacwble notice N the person involved am reasonable ofyortnoity for Nat 1 "n to ba heard, tat Fnulwing Agent, after consulting With the City Solicitor, is authorized to debar a person for cause fron considaraticn for aaaN of contracts. Tea MWtmsnt Shall be for a period of but arae than Nose (3) yeaze. after conmitatfon Wine tN City eolicltot', tte Put'cheain9 Agant is autMrfae9 to suspend a person fron consideration fon award of contracta if boars is probable cause W believe that the lemon has engaged in any activity Which might lead to debarment. mat suepamion shall m for a Wind not to mend one (1) year. TM causes for debarment unlade: (a) c nv cticn for cmmzaelon of a mrineinal offence as an incident to Wtrining or attmryting to obtain a fx iic or private contract or eubcm:trmt, or in tea performance of such contract or subcontract: (b) conviction unl state or federal statutm of emdsul®nt, theft, forgery, bribery, falnificatfw or destruction of recoNe, recsivLy stolen property, or any other offense indicating a lack et business integrity or business hareaty Which currently, seriously, math directly affects responsibility as a city wntrx[x: )c) coaviction under state or federal antitrust statutes arreibe but of the submission of bids or proposals; )d) violation of contract provisions, as set forth below, of a charact Which is regardml by the tvrehaaing agent to be ac serious as to justify debarment action: (i) deliberate failure WiNe,t gars cause to lerform in accordance WiN the Specifications or within the tion limit provLYd in tees contract; o )11) a recent rerotd of failure to perfoon or of unsatisfactory performance in accordance With the terms of oma or masa contracts; provided toot failure to perform or unsatisfactoxy perfonnarce cancel by acts beyond the onmool of tba contract shall not be considered to be a basis for debarment. (a) any otMr cause the surchaeing agent determines to be so sarizas am] cmtcelling es to affect re foanibility as a city contractor lrsludLy debarment by amttar gevenmental entity for any case listed in this Policy; and (f) for violation of the athfcal atesHrde Set fartb in article 12 (Ethics in ivblic contract). 6-102 becision to rebar or s spell. The Turchami g agent shall iwoe a wittan decision to debar or auspend. za daeisicn shall state the reasons fon the notion taken and inform the debarred or suspended perm® imolved of its rights concerning judicial or administrative review. 16 of 19 6-103 notice of Decision. A copy of the decision required by section 6-102 (Decision to Debar or V apend) shall In bodied or otherwise furnished immediately to the debased or suspended person. 6-100 Finality of saolelon. A decision uu dm section 1-102 iDacivion to Daher or suspend) shall M final aha Conclusive, unless frwftiadt, or the debarred or euepan4al pazwn wlthin 10 days after receipt of the decision takes an appeal to the city uumil or theatres a timely action in court in actordence with applicable law. ARTICLE ] - =1' PF33101211 S Idi4ERVED) A.RI= S - eVpPLy HVIMEMENT IaFsm2 ) ARTI¢B 9 -APPEALS AND REF Dons 9-101 Bid Protests. (1) Right to Protest. any actual or progective bidder, offeror, or ttatrattor who 1s aggrieved in oainectim with the solicitation or award of a contract may protest to the City Manager. Prateatcra are urged to seek rsaolution of their c®plaiMa initially with the sorrowing' Agent. A protest with rmiect to an imitation for bids or request for proposals shall ba submitted in writing prior to the g nin9 of bide or the closing date of proposals, unions the aggrieved Larson did rot huww and could not have km.n of the facts gwv rise to such protest Wine to bid opening or the closing date for 1moNsals. The protest shall be eulmitt d within five (5) calendar days after ouch a%rievai perms paws of the facts giving rise thereto. (2) stay of Procurements wring Proteans. in the event of a timely protest under Subsection (1) , of this Section, the fl !saving Agent shall not proceed further with the solicitation or amend of the contract unless the City Manager makes a mitten detemunaticn that the award of a Contract without delay is necessary to protect substantial interests of the City. (3) R2itlwnt to Cents. In addition to any other relief, when a protest in sustained and the protesting bidder or offeror s)nald have been auathd the contract ander the solicitation Wt is not, than the protesting bidder m offeror shall he entitled W the reasonable vests incurred in contortion with the solicitation, including bid preparation coats other than attoaay's fees. 9-102 Contractor Claims. (1) Incision of the Purchasing boost. 311 claims by a contracts against the City relating M a contract, except bid protest,, shall he shhaitted in mziting to the sorchasiug agent for a decision. She contrmtm coy request aswith the Purchasing Agent on the Claim. Claire include, cutout limitation, dispute,eazrug aiunder a contrant, and these based ups breach of Contract, mistake, misrepresentation, or other Cause for motrxt codification or recision. (2) Notion to the mntractm of to Iomhasing agent's oacieion. She decision of the P hssim9 Agent shall be prmptly issued in writing, and shall be iomadiaUly mallei or otherwise fu 21ad W Me Contractor. The decision shall state the reasons for the decision reached, aha shall inform the contractor of its aIgeal rights dashr subsection (3) of this Section. 17 of 19 (3) Finality of Pnchasi,y Agent•e cerLsima: contractor's eight to typeal. 1Te purchasing Agent's decision stall M final and conclusive unless, within ten (10) calendar days fran Ube data of receipt of Gn decision, tb a contractor sails on otherwise delivers a written appeal to Ina city cbBtcil or cmuamas an antim fa a court of ompetent juriedictfon. atsever, this section shall rat be did to authorize any judicial appeal including appeals ruder Rule e0a, Mtion colas civil nrseArtes, not otherwise authorized by loon. (4) Failure to Renter Tiwly recision. If tba eurchasing Agent sates not uses a written decision regarding vry contract controversy within ten )10) days after written regoeat for a final decision, or witbin sudb longer period as may be agreed upon betceen tat portion, then the, a laved party rey piocexl az if an adverse deciaion Iced been received. 9-103 hceee to Administrative Powers. (PmmN) 9-104 access to city tracts. (Raaereea) 9-105 Across to state Courts. 9-106 Authority of the Putcbasi:y Agent to Settle gid Paoteste and contract claims. Tea Parcheaing A nt after consultation with the city manager or the city solicitor is autlmrized to settle any protaat regarding the sollcitatf® or award of a city contract, or any claim aridity out of the poxfc mance of a city contract, Prior to an appeal to the city caroti or tbe cauffmarommnt of an action in a cannot of cmlztent jurisdiction. 9-107 .Yaetii0d for Solicitations or Awards in violation of Law. (3) Prior fo eid opening or closing Pate for Receipt of ProPaeeia. If prior to the bid opening or the clmlng date for ronsipt of proposals, the cu chasing Agent, after conaultatlon with the City Solicitor, determines that a solicitation in in violation of federal, state, or mmucicipal law, than tin aelicitatim shall be cacelled or maria i to comply with applicable 1". (2) Pricr to Award. If after hid opening or the cloning date for receipt of p osals, the Purchasing Agent after consultation with the city solicitor, dets[mima net a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, than the solicitation or proposal amara aWll be corralled. iib After award. If, after an award, the, w basi,y Agent, after consultation wort tat city dalieitor, aeternunsa tlat a solocitaticn or award of a contract was, in violation of applicable law, CMn: (a) if Um parson eamded the contract has not acted fro iulently or on bad faith, (i) the contract may be ratified and afllrml, Icoviled it is determined Mat hung so is in the Met intemeeta of the city; or (Si) the contract my as cazmtret a act tba person awmimd the contract shall be cmpaneated for the actual costs remonably imurral under Lr reactant, plus a meadoable profit, prior to the te®imtim; or (b) if the Penin awarded Use reconnect ham acts fraiuleutly or in bad faith the contract may be declared mall ai void or voidable, if such action is im the, beat interests of the city M=3 14 _ CW9EPA pDRCMS 14_141 Authonity to Tcin ( 5. a p haeing agent eryall have the aut ity to Join c native Cu[chasin9 grsnps or ot4er unite of goverment in ocdec to pucchase gocdo w seavices vhen such action is deonsd in U best Interest of tM City. su h isaticn and award M p aures =ia antler conperative purehaairg ereengeuenta shall L in attnrdume wiN the award reguirments cited in Article 3, source Selection aM Cantract z tian. d1YflCl2 11 - A89I3PA 10 OI9PWMT➢C® BUSIMSS @R¢aP E pn45AM (RESERVED) A=Q 12 - mxcs in P c CONTFACP )See Chapter I, Article 6. Sectlrn ], city o£ Beng,s Mdiesnce) Memorandum 94-60 To: City Council Members From: David N. Pellegrino, Purchasing Agent Date: 12/16193 Subject: New Purchasing Policy - Attached is a revised final draft of our proposed purchasing policy. This policy has been reviewed by the Legal Department and was presented to all City depaihnents some time ago. The policy was also reviewed by the Finance Committee which directed a further review by Councilor Soucy and Councilor Stone. This subcommittee review is now complete and I am referring the policy back to the Finance Committee for a twat review and refer it to the City Council for formal acceptance. A synopsis of the major changes and differences found in the new policy and the items of discussion of the review committee is as follows: 1. The policy was adapted from the American Bar Associations Model Procurement Cade for Local Governments which provides extensive guidelines and "rules" that address a much greater and broader scope of procurement operations and situations. 2. "Small Purchases" guidelines have been extended to $5,000.00 before formal bidding procedures are required. (The current limit is $3,000.00.) Guidelines for purchases between $1,000.00 and $5,000.00 require written quotations from at least three businesses and, as an added requirement, all pricing information shat be sent directly in the Purchasing Agent. (The current regulations apply to purchases between $500.00 and $3,000.00 and do not require that the pricing information go directly to the Purchasing Agent.) For small purchases costing over $100.00 but less than $1,000.00 the Purchasing Agent adopts procedures for obtaining adequate and reasonable price competition. Such procedures require a written record of the price competition obtained and documentation to properly account for the funds expended. (Current regulations are the same except the limit is $500.00 instead of the proposed $1,000.00.) Regulations and policy for purchases of $100.00 or less remain the same. These purchases may use a single selection based on reasonable price, stock availability and delivery requirements. 3. Section 3-102. Competitive Seated Proposals, Paragraph 4. Receipt ofPropos sts represents the single greatest change in policy proposed by the new regulations. Memorandum City Council Page 2 December 16,1993 This paragraph defines proposals as part of a negotiation process and does not permit disclosure of either the identity of my proposer or the contents of any proposal. Information about the proposals shall be open to the public only atter the contract award. Once this policy is formally implemented all requests for proposals will clearly state that information about proposals will not be disclosed before we finalize the contract. In the event that proposal information is demanded through the freedom of information act we will make the disclosure of the item requested. Even though this may appear to be a problem I recommend we try the new policy with the understanding that we may revert to the old policy if the new policy becomes a problem. All other requirements of Section 3-102 me the same as our current procedures for competitive sealed proposals. 4. Other changes recommended during the subcommittee review are as follows: a. Section 3-101 Competitive Sealed Bidding, Paragraph (6) Corrections ... The following sentence was added in the eighth line: "._After bid opening, changes in bid prices may only be allowed if the bid price was based on incorrect information provided by the City." It Section 5-401 Public Announcement and Selection Process, Paragraph (2) Selection Process: The following sentences were added to the end of the paragraph. The selection Committee shall add member(s) when it is determined that additional expertise is required to make informed decisions regarding selection of firm. No restrictions shall apply to the membership of the committee. Should anyone have my questions or wish to discuss the new policy in more detail please contact me at extension 307. 94-60 CITY OF BANGOR P A O C U R B M B N T P O L L C Y as adapted from The Model Procurement Ordinance for Local Governments By The American Bar Association in cooperation with The National Institute of Govermnental Purchasing TABLE OF CONTENTS ARTICLE 1 - GENERAL PROVISION Part A - Purpose and Application 1-101 Purpose 1 1-102 Application - - 1' Part B - Definitions 1-201 - Definitions ( 1) Architect -Engineer and Land Surveying services 1 ( 2) Blind Trust 1 ( 3) Brand Name or Equal Specification 1 ( 4) Brand Name Specification 1 ( 5) Business 1 ( 6) Change Order 1 ( 7) Contract Modification 1 ( 8) Confidential Information - 1 ( 9) Construction 2 - (10) Contract 2 (11) Contractor 2 (12) Cost Analysis 2 (13) Cost Data 2 (14) Cost -Reimbursement Contract 2 (15) Direct or Indirect Participation 2 (16) Disadvantaged Business 2 (17) Employee 2 (18) Financial Interest 2 (19) Gratuity 2 (20) Immediate Family 2 (21) Invitation for Bids 2 (22) Person 2 (23) Price Analysis 2 (24) Pricing Data 3 (25) Procurement 3 . (26) Public Agency 3 (27) Qualified Products List 3 (28) Request for Proposals . 3. (29) Responsible Bidder or Offeror 3 (30) ResponsiveBidder 3 (31) Services 3 (32) Small Business 3 (33) Specification - 3 (34) Supplies 3- (35) Using Agency 3 Part C - Public Access to Procurement Information 1-301 Public Access to Procurement Information 3 MW ARTICLE 2 - OFFICE OF TEE PURCHASING AGENT 2-101 Establishment, Appointment, and Tenure 4 (1) Establishment of the Position of Purchasing Agent 4 (2) Appointment 4 (3) Tenure 4 2-102 Authority and Duties 4 (1) Principal Public Purchasing Official 4 (2) Duties 4 (3) Operational Procedures 4 2-103 Delegations to other (City( Officials 4 ARTICLE 3 - SOURCE SELECTION AND CONTRACT FORMATION Part A - Methods of Source Selection 3-101 Competitive Sealed Bidding 4 (1) Conditions for Use 4 (2) Invitation for Bids 4 (3) Public Notice 5. (4) Bid Opening 5 (5) Bid Acceptance and Bid Evaluation 5 (6) Correction or Withdrawal of Bids, Cancellation of Awards 5 (7) Award 5 (S) Multi -Step Sealed Bidding 5 3-102 Competitive Sealed Proposals -6 (I) Conditions for Use 6 (2) Request for Proposals 6 (3) Public Notice 6 (4) Receipt of Proposals 6 (5) Evaluation Factors 6 (6) Discussion with Responsible Offerers and Revisions to Proposals 6 (1) Award - 6 3-103 Contracting for Designated Professional Services 6 Other than Architect -Engineer 6 Land Surveying Services) (1) Procurement of Services 6 3-104 Small Purchases 6 (1) General - 6 (2) Small Purchases (1,000 - $5,000) 6 (3) Small Purchases ($100 - $1,000) _(4) Small Purchases Under ($100) _ I' 3-105 Sole Source Procurement > 3-106 Emergency Procurements 7 94-60 3-107 Cancellation of Invitations for Bids or Request for Proposals 9 Part B - qualifications and Duties 3-201 Responsibility of Bidders and Offerors (1) Determination of Nonresponsibility y (2) Right of Nondisclosure e 3-202 Cost or Pricing Data 8 (1) Required Submissions Relating to the Award of Contracts e - (2) exceptions 8 (3) Required Submissions Relating to Change Orders r Contract Modifications 8 (4) Exceptions - 8 (5) Certification Required 8 (6) Price Adjustment Provision Required 8 3-203 Cost or Price Analysis 9 3-204 Bid and Performance Bonds on Supply or Service Contracts 9 3-205 insurance on Supply or Services Contracts 9 Part C - Types of Contract Administration 3-301 Types of Contracts 9 (1) General Authority 9 (2) Multi -Term Contracts 9 (3) Multiple Source Contracting 30 -'3-302 Contract Clauses and Their Administration 10 (1) Contract Clauses 30 (2) Price Adjustments 11 (3) Standard Clauses and Their Modification 11 3-303 Contract Administration 11 3-304 Coat Reimbursement Provisions 11 3-305 Approval of Accounting System 11 3-306 Right to Audit Records - 11 (1) Audit of Cost or Pricing Data 11 (2) Contract Audit 12 3-307 Reporting of Anticompetitive Practices 12 3-308 (City) Procurement Records (1) Contract Pile 12 (2) _ Retention of Procurement Records 12 94-60 ARTICLE 4 - SPECIFICATIONS 4-101 Maximum Practicable Competition 12 4-102 Qualified Products List 12 4-103 Brand Name or Equal Specification 12 (1) Use 12 (2) Designation of Several Brand Names 13 (3) Required Characteristics 13 (4) Nonrestrictive Use of Brand Name or Equal Specification 13 4-104 Brand Name Specification 13 (1) Use 13 - (2) Competition 13 ARTICLE 5 - PROCUREMENT OF CONSTRUCTION, ARCHITECT -ENGINEER AND LAND SURVEYING SERVICES Part A - Management of Construction Contracting 5-101 Responsibility for Selection of Methods of Construction Contracting Management 13 Part B - Bid Security and Performance Bonds 5-201 Bid Security 13 (1) Requirement for Bid Security 13 (2) Amount of Bid Security 13 (3) Rejection of Bids for Noncompliance with Bid Security Requirement 14 (4) Withdrawal of Bids 14 5-202 Contract Performance and Payment Bonds 14 (1) When Required - Amounts 14 (2) Reduction of Bond Amounts 14 (3) Authority to Require Additional Bonds 14 (4) Suits on Payment Bonds - Right to Institute 14 (5) Suits on Payment Bonds - Where and When Brought 14 (6) City of Bangor Subrogation Rights 14 5-203 Copies of Bond Forme 15 5-204 Insurance Requirements 15 - Part C - Fiscal Responsibility 5-301 Fiscal Responsibility 15 Part D - Architect -Engineer and Land Surveying Services 5-401 Public Announcement and Selection Process 15 (1) Public Announcement 15 (2) Selection Process 15 (3) Negotiation 15 ARTICLE 6 - DEBARMENT OR SUSPENSION 6-101 Authority to Debar or Suspend 16 16-102 .Decision to Debar or Suspend 16 6-103 Notice of Decision 16 6-104 Finality of Decision 17 ARTICLE 7 - COST PRINCIPLES (RESERVED) ARTICLE 8 - SUPPLY MANAGEMENT (RESERVED) ARTICLE 9 - APPEALS AND REMEDIES 9-101 Bid Protest 17 (1) Right to Protest 17 (2) Stay of Procurements During Protests 17 (3) Entitlement to Costs 17 9-102 Contract Claims 17 (1) Decision of the Purchasing Agent 17 (2) Notice to the Contractor of the Purchasing Agent's Decision 17 (3) Finality of Purchasing Agent's Decision; contractor's Right to Appeal 17 (4) Failure to Render Timely Decision 18 9-103 Access to Administrative Forums 18 9-104 Access to (City) Courts 18 9-105 Access to (State) Courts 18 9-106 Authority of the Purchasing Agent to Settle Bid Protests and Contract Claims 18 9-107 Remedies for Solicitations or Awards in Violation of Law 18 (1) Prior to Bid Opening or Closing Date for Receipt of Proposals 18 (2) Prior to Award 18 (3) After Award 18 ARTICLE 10 - COOPERATIVE PURCHASING - 30-101 Authority to Join Groupe - 19 ARTICLE li - ASSISTANCE TO SMALL AND DISADVANTAGED BUSINESS - (RESERVED) ARTICLE 12 - ETHICS IN PUBLIC CONTRACTING (See Chapter I, Article 6. Section 7, City of Bangor ordinance) 94-60 APPENDIX - PROCUREMENT UNDER FEDERAL ASSISTANCE AGREEMENTS 3-308 Contractor Records - A-1 3-309 Patents A-1 3-310 Copyrights and Rights in Data A-2 3-111 Notice of Federal Public Policy Requirements A-2 4-103 Buy American A-2 4-104 Energy Conservation A-2 11-201 Small, Women -Owned, and Minority Business Enterprises A-2 (1) Expand Participation A-2 (2) Examples of Affirmative Steps A-2 (3) Pass Through to Subcontracts A-3 11-202 Labor Surplus Area Business A-3 Article 1 status the gmaial purpme of the Polity' a i wntaina definitiaa of terms usai in tM Polity. Mfiw of tte Purchasing Agent Article 2 suggests the 6 sic orya�uzatio�l atzwtuce foo maruging ant cwjl3ct � rn Fl yr p�rc i9 m a cen4alizs3 breis. At the sa�oe tLre• the Article e11ws d legatim of appropriate au ity to other pro£esaio s available within the City of Bangor. - Smrca Selectim arci Contiac[ Pornetim Article 3 establishes cmpetitive sealed biddi� ee the prefe mettmd, of root anti, , Int also mth es t use of other smxce selection retlyde in apprcpzi te• specifisi situatfms. TM oth¢ syssce sele m metlxde era cmpetitive saalai proposals' ant sivplified m� for raking emll Purchases, and state the mq�s £m cmtracti: by each rBthW. Cent acts rot martlxl by cmpetitive seals] hidding generally rte,: W a written jnntificatim, which bermes a irmtter of p bl remrd. The Article also Provides fm caocellatfm of aoliritatima, the cm-mctim m withdra sl of bids, aid the carc:ellatim of awards. TM_ Article Provides £m dei inatima relati to ttw_ reapmaibility of prospcet contractors, and provides a Mty to require bid and Per£oniance bends. It also xryuirea the eulmdssim of cent m pricvg lots, and ccnd ^; of a Price a ysfs or a cent a ysia, for emtracta awardei wi t adequate pricy cmpet tiro arc] fm �act price xiNatrents. The Article aattwrizea the use o£ the type of contract moat appropriate to the pmurevant, althmgh it xatavis a p fe for fixed-price m,tracrs and Prddbits cost -plus -a -percentage -of -cost caRracts. it also permits, arc] regal s, the use of both naltiy cmir arca the tec ;;'e of m,ltiple source cmxtracty . Fire y, Article 3 also spsifiea �t for effective contract adwinietratim, and for tM reposti^ of anticapa tiw Practtcea . . Specificatima Article a requires that g :ricatiom be written in a rosemer U t zee caupetitim. m u particulaz regulates the se of brand pare specificatims to encourage cvipati.tiit on. of Cmstrvctim• Architet-Ft�gineer aid Iari Surveyvg Services. Article 5 covers special aspects. o£ mstructim including the selection of the appropriate method of crostructim +, and the. use of bid, Perfoarerce and paymarc bonds. it also provides a Pr more for the mopM tive award of centrads fm amM1itst-engineer aud lent sueveyssg services. 94-60 Article 6 Contains paCakrres fco making delxme,R or suspension Cost Yid Ples Article 7 has been reserved. Sh the City wish to include in its Policy a ccoprehe.,vive set of coMsaut cost princrPles, the text of chapter 7, Coat Principles, of the Racamp dei Fegulaticros to the ABA Motle1 Prsuram t Cade for State a local Gevenxmanta MY be coreiderai. Supply Ha emaat Article 8 has been reserved. Should the City wish to include in its Policy the coverage of such topics as quality cartml, inventory �t, excess Property transfer, and the disposition of arP PrOPertY, the ta,t of C Pter 8, Supply manaq® , of the Ba®eesdal Regulations to the APA M l Pracurment ecde for State and TM I CavenmvRs nay be considered. Appeals and Reredies Article 9 suggests � for the reaoluticn of disputes arising frw the solicitation and word of pmcur t contracts, bid Prat sts, atd contract Perfo a claim. in acditien, this Article P ides procedures for bandli g contrcots maarda3 in violation of law. Cooperative Purche Article 10 authorizes the Parahasirg Agent to join cooperative ....hyo.,,. graWs or other groups for the pachese of goods or Essentially the article allows the City to ^piggy back" on a State buying contract ar other co y¢ative p rchasL oontreats such as the Haire Health Care Association or the o£ local emwnities to prrchase items such as Police cars. assistance to Strap and Di�tagei �inesses Article 11 las teen reserved. Should the City wish to imclude in this policy a di 3vantaged toad s enterprise pre similar to the 1188 program required by the FM for Airport projects it wind he liated in this article. Etbics in P hlin arltracti Article 12 contains ethical stanrbxds with acmganying sa kinre that are applicable to all participants in the public procirzenent Process. the proposed ethical standazds cover conflicts of interest, gratuities and kickbacks, contingent fees, ani misuse of o idaRial infometiion. (R9ua Article has been transferral to Chapter I. Article 6. Section 7. of the Bangor City �.) am, �Si i(Aif�ses+nsn Pact w - W 50 mW l ica4w 1-101 Appose 94-60 9w propose of this Folioy is to pmfde for the fair mend equitable tceatmmt of ail persona iwolved in public purchasing by the city of 9vyor, to maxlmfse the purchasing value of public fund+ in prco t, aha to provide safeguards for maintaining a prosuement systems of quslity aul integrity. 1-102 Appllofltion We Policy applies to contracts for the procurement of eclylies, services, and coretrucCiov, entered into by the city of Bangor after the effective date of this Policy, unless the pvYies agree to its applioatim in contraeta entersi into prior to the effstive date. It shall apply to every expmrllture of public resole by a public agency for public pvrchaeing icreepectfue of the Bounce of ttn funds. Note N Procurement involves the exlaMiture of federal assistmoe or contract funds, the procurement shall be cosduct d in accordance wind any sundattuy al llcable £mural law and regulatiose. Nothing in Nis Policy shall prevent any public, agency frcm complying with the terms and cwtlitimee of any grant, gift, Or teprest that is otherwise c0mimbent with Imes. part e - Definitions 1-201 Definitions. (1) xChitect-Bngineer and Lend ssu'veying services. Those professional a within the Stole of the practice of amhtiectu[e, pmfessiwvl engineering, or iaM Surveying, as defamed by the laws of the state of Nacre. (2) B1iM Trust. M indenendently awwged trust in which the ®playee-Mreficiary hoc ena. mamgment rights and in which Na mployea-Innaficiary is not given notice of altazaUore in, cr other dispositive of, the pr,yecty subject to the trust. (3) Brand Name or &Poul specification. A specification limited to one Or more itemme by manufactnreca• newer Or catalogue rm0ere to describe the starcNrd of quality, performvrce, aml other salient characteristics needed to wet the city of Bangor's requirmentn, ani which prwides for the summ esiw of aryivalest products. (4) ffimtl Nemo specifieatim. A spscificatiw limited to mu at none item by aavufazturexs• nares cr catalmca member. (5) eusina". bey crorPoreticn, partnership, iMiviAul, sole prqu'ieto[ehip, joint aback cmgony, joint venture, Or Try• other private legal entity. (6) chanty order. A written oder signed mW issued by the Putcheairg Agent, directing the ontracior to make changes which the 'Changes' olaufe of the, contract aubaoriaes the surchaning Agent to order without the consent of the omtraeWr. (7) Contract ebiiffcatwn (bilateral change)' Any wrixtee alteration in apacificatiome, delivery Point, rate of delivery, peciN of Performance, prioe, qumtlty, or oder provisions of any contract accanplisMd by mutual notion of the parties to the Contract. {Bi Confitlemiel Infornetiov. any information which is available to as employee only became of the mplcyee•e statue as ono employee M the city of Bangor and is met a matter of public knowledge or available to is public on request. I o£19 (9) Conettuctio°. Tho Pmreea of Wil&W, altering, repassing, ivWroving, or dOnliehing 010' public atrcoture or Wilding, or other public impawenenta of any kind to any public reel property. It dose not irclutle the routiw uparation, reunion repair, or routine aWMenance Of existing structures, buildirga, or real prof Y. 1181 centrest. All types of city of Bangor agamnts, regardless; of what they may be wllal, for the pracuresant of auppliee, services, or carctnmtion. 1111 Covh'aonor. any person having a cwKmt-with the city of Bangor or a usiug agency tharsof. 1111 rest analysis. TM evaluation of cast data for tne psspxe of arriving at costa actually incurred or estlnutes of Costa to be incurred, prions to be paid, and creta W hs mimburaN. (13) coat Data. Factual information corcerni,g the rest of laWr, wtsrial, overhead, ant eUsx coats slmente which are ezpsted to be incurred or which tave leen actually incurred by the contractor in performing tFs contract. (14) mat- isbu[eeonnt contract. A contract uMe[ which a cart[ecto[ is xmi nursed for costa which are allvaWla and allocable in acce[duice with the contract nerve and the provisions of thio Pr11oy, and a fee or profit, if try. (13) Direct or Indirect ParticlpLLm. Imolvmmat through derision, approval, disapproval, recmoendetion, preparation of any pazY of a p Chase request, influencing the covtent of arty specification or procura®vt stenda[d, rendering of m ire, investigation, aWiting, or in any other adviw capacity. (16) Disadvantaged assiness.. A small business which is owned or controlled by a uajo[ity of Pareorc, not lisuted to amore of eiw[ity groups, who have been ffiprived of Ne opportunity' to develop ant maintain a competitive position in the eco,mry because of social azeativantagad. (13) taplWee. M individual drawing a salary oc wages from Ne city of conger, whether elected or not; any nomampenuated indivi•Lal performing personal services far the city or any depa nth agency, comisaim, council, bmrd, or wry other entity established W YM1a executive o: lalislatfve branch of the City; and any mrwmPewaW inlivihual serving as an elated official of the City. (181 Pinaneial InGYast. pal Direct er indirect ownership of any interest cr imolemssat in any relationship fram mhlch, or as a result of whim, a peram within Che pest yasr has received, or is pcmartly or inthe future entitled W receive, once than $300.00 per Isar, cr its equivalent; (b) Direct or indirect ownership of 108 of ary pmpe[ty or business to include 108 of the stock o[ a Irivate corporation; or (c) folding a position ina trainees such as officer, director, trustee, parMer,. eoplayee, w the like, or holuling any position of reassessment. (19) Gratuity. A payment, loan, suLaoriptim, advance, deposit of zomy, service, or anything of sore than n®i,al value, present or p[adaed, unless coneide[atim of substantially equal or greater value is received. (20) Ilmediate Family. A syuae, mfltlren, parents, brothers, and sisters. (21) levitation for fide. A11 dm>Mnts, wTethe[ attached or incoxirorated by referenw, utilised for soliciting remind bide. (2I) Perm®. My Nmirees, individual, union, c�ittae, club, other organization, or group of iMiviA,alm. 2 of 19 94-60 (23) Price Analysis. 1M evaluation of price data, without analysis of tFs separate coat cmQanants and profit mOust analysis, which may esafat in arriving at prices to M paid and costa to he reisibursaln (24) Pricing Data. pmtual information CocoaTi g prices far items substantially Similar to thane being procured. priwS in this definition refer to offered or proposed selling prices, hiatorioal selling prices and currant selling prices. The definition refers to data relevant to both prise and subcmttart prices. (25) 'ate buying, F ,chasing, ranting, leasing, or Ct ice mguiriry of any eupplias, services, or con f iou, xt also includes all fuoctionn that pertain to the Obtaining of any supply, service, or construction, including description of reguicerente. selact an, and solicitation of awrces, preparation and sward of Contract, and all phases of Contract adniniaGation. (26) public Agency. A Public entity subject to ar created by tM City of Bangor. (27) Walified PrMucb List. An aPRrovad list of auppllea, a [vices, oc construction it described by model on catalogue ant M' which, prior to caspetitive solicitation, tha city ban datermined will seat ted applicable specification regodrmv ts. (28) pegaeat for Proposals. All dosmannte, whzt attached no imorpxatap by reference, utilized for soliciting proposals. (29) Reepamsible BkNec or offeror. A parson win lws Ma Capability In all respects to perform fully tba contract 'a' "w"`e, and the tenacity, perseverance, experience, inKegrity' reliability, capacity, facilities, equipment, and credit which will assure goad faith perfc a e. (30) Responsive Bidder. A person Who Ion suhmiM ml a bid mbioh conforms in all material respects to tte regaireseObs not forth an tW imitation for bids. )31) services. TM furnisbIng of labor, time, or effect by a wntractor, not involving tbe delivery of a specific end punct other than reports which are mrely incidental to the requirml pxrfoxmance. This tetra shall not include amployment agreements or collective bargaining aayemmnts. (32) smell Busirass. A united States business which is indepaniantly amei and which in not dominaM in its field of operation or an affiliate or subsidiary of a business doWnant in its field of operation. (33) Specification. Any description of ted physical of fundis l MazectariatiCs cr of the satute of a supply, veru Inst fon item. It may include a description of any reguix for irepectimb testing, or preparing a supply, service' or construction item for delivary. (34) Supplies. All property, inclndfng but not limited to egniposntr mat rials, priMLgr insurance, and leasee of real property, excluding land or a permanent interest in land. (35) using egency. Any department, comaussion, taard, or public agency requiring supplies, services, or construction procured pursuant to this Policy. Part C - public PlAeae to PrncnrWnt InSornallon 1-301 Poblio Access to Pmcuramnt xnfomatian. Prmmnavant information shall be a public record to ted erten provided in 1 adorn section 401 at. seq. and shall be available to the public as provided in such statute. 3 of 19 94-60 ARTICLE 3 - QTICE OF THS POPLeASIPG MENl' 3-101 ea[abliahmeM, Appaintsffiffrrt, and Tenure - (1) 8etab11a1maM of tM Position of Purchasing agent. There is hereby sneered Na position of Purchasing Agent, who ahall he the City's principal public purchasing official. (3) Appointment. TM Purchasing Agent shall be aplulMed dry the Director of AdminLBtration wits the approval of the City Manager and City Cwnnil. (3) sem ce. The Purchasing Agent shell he appointed to serve an irtlefinite term aN any be rmoved fres office by the City Wnegar only upon a showing of just cause. 3-301 Pnthority and Caries. - - (1) Principal Public Purchasing official. garage as Otherwise provided herein, the Purchasing Agent shall serve as the principal public purchasing official far the City, and shall be mepanaible for the pomucemant of supplies, services, ant construction in accordance with this Policy, as well as Me arrangement nd disposal a supplies. (3) Cosies. In mmNenm with this policy, nd aubjeM to the supervision Of the city Manager vH City Ccumil, Ston emrchasfrg Agent shall, (a) procure or sulnrviae the pxocu[essnt of all supplies, servrcea, and corntrvRion needed b9 the City; (b) emrclee direct supervision over tM Citye sontral aGsas earl general mupervfeicn over all other invenWriea of Supplies belonging to the City; (c) sell, trade, of otherwise diadcee of surplus supplies belmging to the City; and (d) establish and maintain Progress for alacificatiam davelcpaent, 0011eract adminfatratim asd inspection avd acceptesce, in cosparation with the public egentiaa using the supplies, services, and construction. (3) cperati0nal PrmMurea. Consistent with this Policy, azW with the approval of the City meager, the wrchaeing Agent say adept Ogaratfonal procedures relating to the emcution of its duties. 3-103 mlegati0na to Other City officials. With the approval of the city tanager, the Purchasi,p agent Cay delegate authority to purchase Certain supplies, sersices, or canatrootion items to other City officials, if such delegation is de tl necessary far the effective Procurement of tMee items. AATICLe 3 - SCU Cg SMUCTIOM AND CWRAACT kW 10ff Part A - vztbo3a Of Source Selection 3-101 competitive Pealed yanIi g (1) Conditima far Use. All CWtracts of the City shall he awartled W c®petitive sealed bidding except an, Mlarmise pravieM in Secticw 3-103 (Competitive saaled Proposals), 3-103 (contracting for ceeignated Srofineimal Sa ran(, 3-104 (small eurchaeea(, 3-305(sole scurce prtt`nLB'16nt)r 3-106 (eaergoncy P[OCn[B'RYCa)r and 5-401 (Public AmwmcmaM and 6elaotim erasers) of this Policy. (2) invitations for bide. M invitation for bide shall be issued and stall include specifications, need all contractual Issue ant ccM tirna aWl=able to the procurmeot. 4 of 19 (3) 94-60 Wblic eotim. beeguate public cities, of ted invitation for bide shall be given a treasonable time, ret lees than ten (10) caletdar days prior to the date set forth thadin for the epeai:9 of bide. Such notice stay inclur:s publication fna:wmapapec of Vestal circulation a reasonable time prior w bid opening. The pa reasonable shall eWte the place, date, and time of bid opening. (4) Bid Opening. aide shall be opered 1Wlioly in the presence of are or mrce witnesses at the tuna and place designated in the invitation for bide. 'Idea sonnet of each bid, and Such other relevmt Lddidestiou ase the spenhasing agent haeme appropriate, together wilds the naw of each bidder shall be recorded: the record end each bid shall be open to public inspection in wmrda:ce with section 1-301 (public Massa to procurement Information). (5) Bid ameptmce a:tl Bid Bvaluatien. Hide shall he andersitionally accepted W Iderot alteration e rection except as authorized in this Policy. side shall be evaluMed bases, on the requir®ente set forts in the fwitatiw for bids, which ray include criteria to determine acceptability such as inepactie:, testing, giblity, wrkmvuhip, delivery, sed suitability for a particular papeae. TGae criteria that will affect the bid price and be considered in evaloation for cased shall te objectively dependable, such as discounts, transportation scene, and Octal or life cycle costa. ache invitation for bida shall net forth the evaluation criteria to be need. se criteria shwld be usedin bid evaluation that are not set forth in the invitation for bide. (6) Correction or FSthdraval of aids: Cancellation of swards. correction or withdrawal of inadvertently extempore bids before or after bid opening, on cancellation of awards Or aRracts based on such bid mdstakea, wy be emitted wMro appropriate. mistakes diecovazal before bid wing my be wdifled or winbice d by written or telegraphic notice received in LK office designata3 de the invitation for bids prior to the tide set fon bid opening. niter bid opening, corxectiore in bide shall he permitted only to the extent that the bidder can shoe by clear and convincing evidence that a misfile of a nonjudgmental character was bade, the Mature of the mistake, and the bid price actually intended. After bid onov:g changes in' bid prices, may only be allowed if the bid price was based m incorrect informitim provided W the city. tb oGMr changes in bid prices or ether previsions of bids prejudicial to the interest of the city or fair competition shall be permitted. In lieu of bid correction, a lav birder alleging a material buatake of fact away be permitter to witMraw its bid if: (a) the mistake is clearly evident on the face of the bid docodeM but the, intended contact ma is net similarly evident: or (b) the bidder scanning evidence Mich clearly and convincingly dennnpt[atea that a miat wase code. All decisions to permit the correction or witMmwal of bids, or to carrel awards or ®tracts hoped on bid mistz ass, shall be supported by a written determination cede by e thcp:rchasing Agent. III Award. The contact aball be awarded with reasonable pr®ptness by apfxvpriste Witted notice to the losest responsible and responaiue bitltlaz whose bid wets the reortirements and criteria ort forth in the invitation for bide. In the event the low responsive and responsible bid for _ construction project am'eada available funds as certified ty the Finance Director, cal sonic had does not ew.aed such funds by more than fivel5) percent, the T¢clming Agent is maberized, Men tide or econsebe considerations preclude mwlicitatiov of Work of a reduced scope, to negntiate an adjustment of the hid price with the lore responsive sed maloneible bidder, in artier to bring the bid within the amort of available funds. Any such negotiated! adjustment shall be based only upon eliminating independent deductive items specified in the invitation for boa. _ lel witirtYap sealed bidding. Morn it is considered impractical to prepare initially a purchase description to suppart an award based cm price, an invitation for bide may be issued myeett:y the submission of unprlcad offers to be follaxd by an imitation for bids limited to these bidden wbaee offers haw been datereived to be tecMically ameptable "der the criteria set forth in the first Solicitation. 5 of 19 3-102 G✓opeetltive Sealed prpeals. (1) conditions for use. when the Purchasing agent date ms that the use of maPetitive sealed hiding is eitffir not practicable R not advan[ageme to Ma ciri, a cont ect BUY he e,Rered into by use of the crnp titive sealed proposals uwsh . (2) Faguest for pr peals. PreImala e l be solicited thrwgh a mquawt for pmmala. (3) Public eotim. Adequate public retire of-tire request for p vale ahell be given in the ams senmr are provided in Section 3-101(3) Sealed Bidding, Public NOtfce)n provided, CM rinimmi rice shall m twenty (20) calemlar days. (4) xeceipt of Propxels. M prcpmals shall be h ed so as to Perrot disclosure of the identity of any offeror or the contents of any proposal to maretiM offeror; during the pr¢eaa of negotiation. x register of proposals shall be prepay l containing Ne vase of each offamr, Gx comber of mtlifiertlrnu received, if any, ate a dsmriptimn suffice ent to identify the iton offered. sire register of propssals shall M open for public inspection only after contract aaazd. (5) Evaluation Factors. Its regoeer for propaaals aFwuld iMluda all evaluation factors ate selection criteria that will be used in tha evaluatim process. ell evaluation fades Cited in the raryest atoll be manidamd equal unleas tin relative opo Tame of such factors is so noted or meigmd to each factor listed in Ne request for p mal. (6) Discussion with Pespena£ble Offeror, me Pevisicm to eropesals. M prwidad in the r ymet for p osals, di3mssiona may he conducted with respansible offerors she cutout proposals datarsbuei to ba reasonably susceptible of being selected for award for the ptnpusa of clarification to assure full uMeratantling of, and covfomsnca to, the solicitation squirm ars. Offerors shall be xcoNM fair ate equal treatment with respect to may 0pmrtunity for discussion and revision of pe orals mN such revisions my to pernutted after smviasiau and prior to award for the p rpme of obtaining Leet ate final offers. In ems1=1sLg discussions, tMre shall be m disclosure of the identity of competing reforms or of wry infestation derived free prryvsals subnitted by cagating offemra. - ()) Axard. Award shell m made to the reapansible offerer same prapoael is dematurad in writing w be the wet advautagews to the city, taking into camuleratim price mW ted evaluation factors set forth in the request for prcpaeals. We otter factors or criteria shall be used in the eveluatim, ate contract file shell cmrtein the basis w Stich the sword is made. 3-103 contracting for msignntei Pmfe,simel services (Other than srcbit t-%ngineer 6 Lam! surveying s es). (1( Prucumosat of Services. For the pomoae of procuring the services of -constants, Clergy, phyaicism, lawyers, dentists, iMustrial hygimista, sopraleeza or other professionals Section 3-102 (Mgztitiw Sealed PLopcaals)-shall m used emept as provided umMr Section 3-105 (Sole Source Procvrersont) or section 3-106 (lsnsmcny Prmur®ent( 3-104 seen wrcNRc. (1) maneral. My Contract coating lose Nan $5,000 my be made in accndame with the mwll parchase pxaazWres authorized in Nie Section. Contract Rginir®ente shell not be artificially divided so are to Constitute a mre11 purchase under this section. (2) snail Furehaee cwtieg $1,000 Wt iess than $5,000. In as far as it is practical for mall rarmases in excess of $1,000, no lase than three businesses Shall be solicited to submit 6 Of 19 94-60 quotations. NmN shall he nada to tha busiroea offering ted lasat'acceptable quotation. The napes of Use businesses submitting quotations, and the date ala maraca: of each quotation, shall ba recarded ala usvRained as a public record. All pricing infoamation shall be seat directly to the Purchasing A9 - (3) small narchasee coating war $100 but less then $1,000. Tho Nschaeing meet Shall Vogt operational procedures fon making small purchases of 5100 - $1,000, such operaticml prooeiurea aball provide for Obtaining adequate ala reasonable competition fm' the supply, service, or coarcruOilas being purchased; further, such cgaratimal lxecSmses shall require the preparrtfou and Sniniemvice of mrittm rcrords atlequata to dcoomant the congatition cbtainN, properly amount for the funds eq»ndal, and fanilitatt m audit of the omall pircham made. (C) small a bases costing up to $100. tvrchase of up to $100 nay One a single selection, after contact, band on remonabla price, stock availability and delivery mguirmants. 3-105 Sole Sonne Purasueent. contract My be awarded without competition when bn ttn purchasing Agent deterNnea in writing, after Aco cwductLg a good faith review of available aounems, that thew is rely one source for Use reqs supply, service, or construction Stam. rue wrchaeing Agent stall constant negotiations, ape approuriate, as to price, dslivaxy, and tees. A ronard of sole source procuremento shall ba ,,],twined an a public mwxd and shall list inch contractor's name, the amamt and type a sash contract, a listing of the itam(s) procured a xler each contract, coal the identification of each contract file. 3-106 IDargency pravrments. notwithata ling any otber prwisione of this Policy, the purcbammg MRat my asks or authorise others m make aoergency procurements of supplies, services, cr comtruotlan items whm� there exists a threat to pID1ic health, welfare, or Safety; prcvidsd that such miargemy pmcurenenta shall b, made with such competition as is MaCticabla under the c wnrtvsee. A - written detarmination of the basis far the �ncy and for the selection of the patticular contractor shall be included in the contract file. as sees as practicable, a record of each energevcy procurement sMll be made and $ball act fmYh the contractor's rem, the assassin sell type of the contract, a listing of Its inam(w( procured under the contrast, and the idmtificatiw of the contrast file. 3-307 Cancellation of Invitations for Bide or neguewts for aroposals. An invitation for bids, a cagiest for pr paals, or other solicitation may he cancelled, or any or all bide or proposals my be rejecte3 in whole or in part as may be speci£iV in the solicitation, elan it is for good cause and in its last interest of Its city. The mason therefor shall W made part of the contract file. Sand solicitation issued by tme City shall state that the solicitation nay be cancelled and that any hid or proparal may be rejected m whole or in part for goad cause seven in the bast iMererta of the City. Nature of cancellation shall be east to all businesses solicited. rha action Shall identify the solicitation, explain Ne eastern for mcellatton ala, Mere apprgsiate, explain tbat an opyrYunity will [e given to amus on any resolicitat]en of any future prccurements of similar item. Reasons for rajectloa shall be provided upon raluest by unsuccessful blddere alt afferrre. Pact a - ¢alificatiws and reties 3-201 Peapanaibissty of Bidders ala offemrt. (1) neterm]nation of nonreepmeibiliTy. If a bidim or offeror who oCMrv]sa would bees been awardai a contrect is found Witten datermination a nm¢aepovaibllity, netting forth tba basis of the finding, shall be prepared by the Purchasing ➢gent Any 7 of 19 grwMa which xwld give the city tLa right tO demand adequate assurance or due perfo[ ence as to an awarded contract alder 11 YRSA $2-609 anall be tlttoad adequate grounds for a Uetareivatim of non-reerywiblity weer this motion. Tne uv[eaernable failure of a badder or offeror W saWly pccsptly infowerticn in cmnection with an inquiry with respect to reepmeibility may be grovida for a detemi atim of vuneep®eibility with respect to such badder or offsmo. A copy of the detemdu atim shall be sent prm@tly to the ro�¢eeyaible bidder Or offeror. Tlw final defcxminetion shall be made part of Lica contract file and he ones a public record. (2) Right Of Nmdixlosuxe. lnin[mntim funusRd, b) a Medan co offeror PaiwUnat to this Section shall not be diaclmed by the City outside of Me office of tba Purchaeang Agent, or using aq®cy, witmat prior written Mnemt by the hidder Or offerer. 3-202 mat cr arricing Cala. (1) RequirM Snimdssims relating W the AxaM of Cuntxacte. A ion)SWtive contactor Stall suasit cwt or pricing data MBn tin contract is eapacted to emeed $100,000.00 arc] is to M anazded by sole source procuresent autMraty (section 3-105; Sole assume emrvmrent). (2) Fxeptiotu Tha a Ami ssicn a cat or pricing date relating to the award of a coMiazt is cat reguirei wNa, (a) me.watract price is (geed on adequate price an¢etitim( (b) the ocntrat price is based on eambllehed catalogs prices or aarivet prices; (c) the mntraot price is set by l or regulation; cr (d) it is determined in writing W one Purchasing Agent met tba rxryirevents a Sstim 3-202(1) (cost or Pficing coca; nominal 6WmUlsim Relating to tie Awazd of matmctnl may be waived, 'uul the deteretinatlon states the raisons for such waiver. (3) negaiom saWdesims relating W ciunge Orders m Contract NWificatiOm. A c®trmfor shall' submit cost Or Pricing data lsaor to the pricing of any change Order or coatract m_dification; im< ig adjuatwta W contract amaial by coupetitive sealed baddang, wMther Or cat costs or pricing dtta was required in connection vin the initial pricing of the emtrmt, when the ohanga m mdificatam imalvee aggregate aonreaeet or aggregate decrease in costs plus. applicable profits tMt era exam d to named $100,000.00. (6) rxsptima. The sulmiaeion of amt or pricing data relating to the pricing of a charge order no contract modification is not requiter( Non: (a) wrelmad are sepazace1y pried adjuttnentt for which mat or pricing dam WOW cat be required am consolidated for adminiafiativa conor (b( it is detemLmal fn exiting by the Purchasing Agent Glut the requarenents M rection 3-202(3) (met or Pricing oats; Required rumiaaicn 9alatin9 to change Orders on Cmtract amfficatiaa) may bs waived and the defarmaration states tie reasons for such waiver. (s) nectification mgnirm. A Cmtramcar, actual or prospective, requira3 to submit coat or pricing data in acconlarce with this section, shall certify abut, to the test of his/iter Mwledge and belief, the cost or pricing dam subrdttarl was accurate, empleta, sal turret as of a amtually specified data prior W the award of the con Tact or tM pricing of tba change order x correct codification. (61 safes, Mjustant movisim Required. any contract axaad, change ordsc, Or contract nNification uMer which tie sunuismon anal cembificatiov of cat m pricing dam aro ZcWirM ,ball cocain a 1¢ovision stating that the pries W the city, fmluding profit or fee, shall be adjusted W emluda any visnificaM aurae bf with tha City finale that such price we increased mauve the conttacwr - furntted cost or pricing data Ow inaccurate, inemplate, or cat content as of the date agra l upon became the city and one contractor. 8 of 19 94-60 3-203 cost or Price Analysis. met a alyais or a price analysis, as appropriate, aball be conducted prior to award of Live contract sties CLm one awarded names section 3-101 (mopetitive Sealed Bidding). A Written record of each amt analysis Or price analysis mall on code a part of tad contract file. 3-204 Bid and Ferfo®anca Warn on supply or eeFica contracts. add end perforname bands or other security may he raryested for supply comments or servito contracts as the putcasing Agent or beard of a using depamanent deems advismIs to protect the city's intereate. ary goes banding reguirecents e1u11 be eat fault in the elicitation. Bid sr pesfameme binds sell net be used as substitute fm a detetvinaticn of a bidder or offeror's financial or ether mspaneibility. 3-205 Issuances on supply or Service Contracts. cmprehemive general liability, fire asses, prcpeRy deangs, corkers ea¢eneation or other coverage hey be raBLLrad In correction uito any city contract, Wan the purrhaeing spent, city solicitor, or bead of aing depaxt7evt cases such insurance advisable to protect the city's interests. Any such lnaurm ereguiremnt shall ze Bob fora in to solicitation Immense shall not be used as a substitute for a deamination of tbe bidder or offeror's firwrc l or other responsibility. Past c - T eu of memseta and moment AbsdnietrMlov 3-301 Types a contracts. (1) Gemral atserity. subject to the lisitatiom of Chia Section, any type of amtram which is appmpeiate to the p[ccurere,R and Which Will pronate the teat interests of the city say be used, moulded tat Me me of s contract is prohibited. A coat mivbuvaertent contract say be used only wbe: a detea'minaCiov is code in writing tat such Contract is likely to NO leas costly to to city tan any other type or tbat it is impracticable to obtain tine supply, msvics, sr construction ites required swmpt eWec such a Contract. (2) emlti-iers contracts. (a) specified patina. unless otherwise provided by law, a contram for sulplles or servioes may be entered into for any serial a tion deaced to on in the deet interest of to city, provided the teem of tad contract and conditions of renowal or extension, if any, are included in the solicitation and funds are available for to first fiscal period at the tiro of mntrmti,y. Paywant and perfOrmme obligations for succeeding fiscal periods aball be subject to to availability and appropriattov of funis therefor. (b) netorminacion prior to use. Prim to Use utilization of a multi -terns comraCt, it shall be determined: (i) tat estimated mquirmoentg corer the ponied of the contract and are reaaonably fiea and oorrincivg: and (ii) tbat such a contract Will aerve to beet isteraaa a the city by eocmraging effective cmpetition or otherwise prating moccasins in tad city's psee emevt. (c) cancellation um to Unavailability of funs in succeeding Fiscal Periods. When funds are not appropriated or otharwlae made available to support continuation of perforcance in golwaryent a fiscal period, the contract Sall be Cancelled and H.e Contractor shall be relmboveed for to reasonable value of any nonrecurring coats incurred out not mortised an the prim of to supplies or services delivered under the Contzmt. 'lie cont of cancellation may be paid fret any appropriations available for such pat'pcsas. 9 of 19 94-60 (3) multiple Mutts Contracting. (a) general. A m:ltiple Motor award is M heard of an indefindte gua:tity ewKract for ore or Mons afviler supplies orervioM to Core tons me bidder M offemr. TM obligation to order LM City'sGa e ecelreguiamadno is limited by the provision of Nufmm COMescial M0., 11 RRSA $2-306(1). (b) Limitations MUM. cA multiple ounce sartl may he mads when avartl tc ton ar core bitl0.re or effectors forSiimilar prttNetesi necessary for Magnate delivery, scusice, or pr Muct awpstibility. Any multiple sauce award aball m wade in amordaom with the prevision of Bactim 3-101 (Covgstitive Sealed Bidding), Section 3-102 (Cwq»titive sealed Proposals(, motion 3-104 (Small Putchasae), Mod section 3-106 (FAsrgercy mncur®entel as, applicabla. multiple aauce awards Mail net M made when a Single Mord will met the City's Mar0. witbut sacrifice of ecmi®y or service. awards shell cot M made for the purpose of dividing the business, caking available preduct M opplier aelecticn to eller for user preference unxaLtad to utility or ecrnmry, or avoiding the resolution of tie hint. any such awards Mall M limited to the least number of suppliers necessary to, mat the valid regulremnts. (c) Contract and solicitation Rwisiom. all eligible Moore of the ontract shall he named In the eolicitaticn, and it $hall M mandatory that the aceval raµirCoenM of such Users that can M net wrier the Contract M chtafoed in acordanre with the contract, provided Coat: (i) the City shall maerve the right w take bldg sepuaMly if a Mrticnla[ gumtity requirement arises which exceeds its mural requirement or m Mount specified in the contract; and (ii) the City shall reserve the right to take bide separately if the Purchasing Agent ap m,s a finding that the MpUly or cervica available under ted c®tract will cot met a Spacial tread of the City. (d) Intent to Use. If a multiple source award is anticipated prior to Issuing a solicitation, the City shall reserve the right to make Such an award, end the Criteria for award shall M stated in ted solicitation. (e) mtesmination enquired. The Purchasing Agent shall make a written determinatiu setting forth the reasons for a multiple sauce award, which shall be made a part of the procurement file. 3-302 Contract Clauses and Their AtlmiausYreYicn. (1) Contract Clauses. All City Contracts for supplies, services, end wmtructim MAll include provisiooe roce¢eery w define the eysaid id rights of the Parties; to the cantt'act. the Purchasing A t, after consultation with the City Solicitor, my issue classes aluluopriate for apply, service, or constrstion contracts, Miceaeing ening others the following subjecta: (a) the Unilateral right of the City to order in uniting changes in ted w=k within the scrams of the Contract) (b) the milateral right M the City to order in writing terporaey stopping of the work on 0.laying lnrformawe that dose not alter rte grope of the contract) (c) variations occurring between estimated quantitiea of work in contract a l actual %aaatitiee) (d) 0.fective pricing; (e) liquidated damages; (f) specified Cassese for delay cr runparformaoce; (g) teeuination of the Contract for default; (h) temfnetion of the contract in whole or in part for the convenience of the City; (i) MsMansicn of work on a construction project cr&red by the City; (j) niM conditirnia differing from those indicated in the connect, oY ordinarily enenuatarad, Mumpt that a differing site con ;tions clams, need ret M included in a contract: (i) when the Contract is negotiated; (ii) when the contractor provides the site cr design; or 10 of 19 94-60 (iii) when the parties have otherwise agreed with respect W the risk of differing site conditions (k) the right of the city W require that the rorRract be perfornmed incmplimce with all applicable City ordinances, balldln9 codes, and Rate red Federal law; (1) specifying whether vW under hat conditions contract disputes mry ba subject W binding or non-binding arbitration; and (n) specifying what lav is applicable W resolution or contract disputes. (2) Price Adjustments. (a) allostveMs is price resulting from the use of contract Clweee reguired by Subsection )1) of this section shall 3a compated in are or more of the following ways: )i) by agreawnt on a fired Price adjoatmant tefore c®ercanurt of the pertinent p¢fovvance or as soon thereafter as practicable; )ii). by unit prices specified in the contract or subsequently agreed upon; (iii) by the costs attributable W tha wens or situations; under such clauses with adivataeat of Profit or, fee, azl as specified in the contract or subsequently agreed upom )ie) in such other mamxr as the Contracting parties any wtually agree; or (e) in the absence of agreement by the patties, by a unilateral dete®imtion by the city of khe mate attributable W the events or situassoos end¢ Both mwees with adjustment of profit or fee as cmputci by the City, as accounted for is accordance with [reference to met print plesj and subject W the provision of Article 9 (Appeals and Parodies). (b) A wtRracmr stall he regcired W submit Cost on pricing data if any adjustment in contract price is subject W the provision of section 3-202 (Coat or Pricing cats). )3) stavtlard clacker and Their M iiffcation. 1Te Purchasing Agent, after cmnultatim with the City Solicitor, say establish standard corrctact elders; for use in City contracts. If the P,uchaeiac Agent establishes any stvWazd clauses eddressic, the subjects not forth in 6ubestien )1) of this Section, such clauses may be varied provided that vry variations are revleaed by the City Solicitor. 3-303 Contract Adnlnistratfon. A Contract administration syrup designed W imute that a contractor is paz£orndng in accordance with the solicitation under which the contract was awarded, and the terms and conditions of the Contract, shall he maintained. 3-304 Cost Reimbursement Provisions. aa;erved. 3-305 Approval Of Accounting spore. except with respect to fire fixed-price contracts, ro contract type shall he used unless it Me been determined in writing by the Auchssing Agar that: (a) the proposed concretion's accounting systems will Permit timely dammac;ment of all necessary cost data in the face regained W Ne ;Pacific contract tyre conimplaWd: and (b) the proposed contractor's acsintiag oysters is adequate PC allocate costs in amordarce with generally accepted cost accounting Principles. 3-306 Night to Audit Fxrords. (1) audit of Cost or Pricing rata. she City may at reasonable three end places, audit the Irks and records o£ any contractor wed has submitted Cost or pricing data pursuant; W section 3-202 )Cost or Pricing rata) W the mdsM tont Bach bCoW, Croissants, papers, and rwords ars 94-60 pertirent to such met or pricing tl-ta. Any pe[aan Mo mreivee a contract, manage trim, m mntrut codification for which met or pricing data in required, shall malntain such books, McoseM, papers, and remNe tMt are pertinent to such coat or pricing data for tares, (3) years frena me, date of final paycent trim the contract. (2) matram Audit. The city shell On, entitled to Omit tte Moka ori ruoxda a a cOn memer or a subcontractor at any Uax under any negotiated contract or eubcontxact other than a fdrn fizre3 prim contract to Me ev+=M tet arch Looks, dmmante papers, aad [acoria are pertinent tO the pe[forsame of such cormos t or aulcrnR[act. such bmko ant records stall be naintair5d by the cgcmcctnr for a pend Of LMna (3) years fres tbe data of final Mynant under the prime ,correct ant try the eubcmitruW[ for a period of tissue (3) years frou the date of final paymant under the erbcmRract. 3-307 neporting of Mric titins Practices. when fax any reason collusion Or cram entlewptttive practices are guapectxei aaxg any bidders or offerers, a notice of the relevant facts shall be txan®ft4tl to to State Attorney Gamma and the city solicitor. 3-308 city PMnLLFaeM RBmrm. (1) contract File. all detervunrtioro end other written records per Dining to tri mlicitatim, award, ar performee Of a cmt[act shall be maintairred for the city in a wntract file by the Asscheaim egent. (2) natantion of Pmcurecent Recurds. NL xuordu stall be xataina3 ant diapoari of by the city Ss, accordance with moseml retention guidalima and scledulea approved by the city Council. noon u ammis to ewssdM contracts should he retained for at least six (6) yeara folloaLhg final perfoxmoe the[euudaz. statue of limitation uNar 14 M5A 5751 at. seq. is 30 years for actions On contracts uMer coal and may. 10 years for regligenca of design, Professionals. ARTICLE 4 - SpEC3PICATIQ1a 4-101 nexce n Practicable coopetition. N1 epecificatlom ahall be drafted an as, to promote Overall emcony for the pun sm inteMe3 end smmhrage cmgctition in satisfying tba city's needs, and stall net L mhduly restrictive. nabs paltry annunciated in this section applies to all specifications including but not liffited to, tbcm prepe[ad for the city by amhitecte, engineers, designers, and draftmen. 4-102 Qualified PcOlU to List. RlcmsVKD 4-103 Brand Nana or equal specification. (1) Use. ammi nam or equal specifications any be used when the Purchasing agent detern¢ms tbath (a) on, otter design ox performance specification or qualified products liat is available; (b) ties, doe net leonit the preparation of another form of rn[ebaae description, not including a brant nose specification; (c) Cite return of the product o[ the nature Of the city,a [equirosants makes use of a Maud nare Or equal specification suitable for tis p[muremM; Or 12 of 19 (d) use of a Brand name or equal apxificatine is in the City's lest inaccurate - (2) resignation of Sevwal Brand areas. brand n®e or eguel epecificatiom shall Seek to designate these, or as whey different brand; as are practicable, a or egwl- refermcae and shall further state that cobstextially equivalent products to those designated wall to mnaidered far award. )3) Pequlred characteristics. unless tha eerchasing agent determines that the essential characteristics a tic brand wage; include in the specifications are comasay knam in the intnstry, or trade, Brand name or equal specifications shall include a description of the particular design, functional, or pecfoarmance characteristics wbicb are required. (4) Nm¢eet[letive Use of Stand Or 8arya1 3pecificatione. Whale a bawl naw ar sinal specification as used in a solicitation, the Solicitation shall contain explmatozy language that the use of a Brand news is for the purpose of describing the etandaM of quality, ler£ormace, and chaxactex'iatica desired and is not intended to limit m' restrict cagntition. 4-104 Brand New s ficatiou. (1) use. since we a a brand rare apecif=ation is restrictive of shortcut ewpetiticn, it soy M a used only Sher the Purchasing t detewuwsc)at only the identified brats Seem ites or its; will satisfy the city's nsaw. (2) competition. Ste Yurcbasi g agent shall seek to identify msces from which the designated brats was item or items can be obtained end spall solicit such Sources to achieve whatever degree of price cc�tion is practicable. if only ore source can supply the requix'eemM, the prccurecen[ shall be made under section 3-105 (Sole source Procurement). reYfx¢e s - maVMlffiiT ce Crnrsawcmxoo, AICHPPECL-cw"IliEEn arvN arm Bcaysmm se cys Part A - HmagWnt Of Cwetrnction Cwtractang 5-101 awpossibilaty for $elation of baMWs of construction contracting wars einem. rha purchasing agent shall bave the discretion to aleft the appropriate method of construction contracting wreemsent for a particular project. m dowmmi,urg which ambled to use, the wrahming Agent may consult with the city angiwer mW shall consider the City's requirements, its resources, end the potential mMractor'a capabilities. If a mthcd a wrst[uctice contracting wragemant other than a sahegle prime wntracGs is Selected, the PumMaiag agent stall include in the contract file a written statement aettlu9 forth the ieawre £x she allocrwte wthad of cmutruction contracting mmagamant far that project. Part e - aid security and eerfowarmce. BmNe 5-201 Bid security. (1) Bequirewnt for Bid Security. Sid Security shall be required for all competitive sealed bidding for construction contract, wben the price is estimated to wread $50,000.00. Bid security 31aa11 be a loud provided by a Surety company authorized to do Wsanaw in the State of Beim, or the equivalent in cash, or otheavise suMlied in a form Satisfactory, to the y=x1hasing Agent. Nothing herein atall prevent the requiraoent of such Weds an mmtmction contracts older $50, 000, 00 when the circuwtancee earrant. (2) mount of Bid security. Bid scarcity shall M an mann: equal to at least 58 of the wouot of the bid. 13 of 19 94-60 (3) Ibjection of side for pwcm@llance with Bid Security ieq ireauRe. When the invitation for bids requires security, noncompliance requires that the bid be rejeMe3 wless it i detemtined that the bid fails to cmply Only in a rovsubetantiel Blamer with the security reguirmenta. (4( piNdramal of Bids. if a bidden is permitted to withdraw bis/ber bid bsfora award as PrOvidal in section 3-101(6) (Cm titive'Sealed sloshing; Correetfw or NithdOnsal of sifS; seaccellation of awards), m action stall W rade against the bidder or the bid security. 5-202 Wattact Performance end Payuent mode. (1) YNm Required - Amwnts. IPnen a mnatruction cwtcaR is awaried in ameee o4 650,000.00, too follw£ng Wnda or security shall W delivered to the City ant shall hostess aiming on the Partisan urym tic execution of the contract; (a) a performance bond satisfactory to the City, executed by a surety ccffl y authorized to do hOsinges in the state'of shine or otherwise seared in a manamir satisfactory to the City, ic so amount to equal to 300% of the price specified in she contract; end (b) a payment Wad satisfactory to the City, executed by a surety company authorized W do 1wSran In the state of wine or otherwise secured in a mounuosr satisfactory to the City, for tba protection of all Persona supplying labor and Material to the contractte Or its aubcontraztoxs for the pazfoxmance of the work provided for in the contract. TW Whd ahall W in an amnwt equal to 100% of the price epecifiSd io tM cwaMoCt. (21 ecduction of 9wd sauna. After notice to the city couxil, the fluchasin9 Agent is aullurized to re,Lce the oromt of Performanoe and payment Wntls to 50% of the contract price for each band when a mritten determination is mWe that it is io the heat £molest of the City to do go. (3) AutMrity to Require Additional ROMA. Nothing in this section shall be ematruec to limit. the, authority of the City to require a performance bond or other security m addition to those WMa, or in circwntavices other than agecified in bVbsection (1( of this section. (4) suite on Payment tents - Right to Mstitute. 0nleas otherwise authorized by law, any person who has furveMi labor or material M the contractor or euWontt'uCOna for the walk provided in the contract, for which a payment Wal is furnished under this section, and who has not boon paid in Pull within 90 Jaye forted the date, on which that person Perfo d Use lent of the labor or supplied the notarial, shall have the right to sue on the paysent bad for any Oncunt unpaid at the time the alit is instituted and to pmeecute the action for the wont due that person. Boacac, any person having a contract with a slip mtractor of the mntracWr, but no esprme or' implied contract with the contractor furnishing the payment fid, shall Mme a right of action upon the psynent dmd upon giving written notice to the co;;tracCe[ within 90 days frte the date on Mich that Well parformad the last of the labor or supplied the material. xMt person shall state in the notice the anoaR claimed and the raw of the party On whom the material was supplied or for ends the labor vas Pexfomed. $fie notice eMll !a served personally or by regiate[ed or certified call, postage prepaid, in an envelc;e atldresced W the contractor at any place the contractor wintalns as office or sonata business. (5( suite he Payment goods - where and when srwght. umlene oHw_wise mWrized by law, every alit instituted upon a peyote[ Ind shall be brought in a court of competent jurisdiction in Pewbecot County. (6( city of angor Subrogation Right$ -flue city of mvgor may remorse by contract the right to rake gayurents directly W any supplier or euWan4stor tlw ahall not have received tLrely Payment from the contractor for labor or wterlals provic ai to a city project. ID the event the City shall nuke such psyu ants, it shall be deemed sub[ayted to the rights of the muP lier 14 of 19 94-60 w eubconC[ector concar d to the extent of the payments ode, nasi may institute suit ov any paymM WM as prwided abase TTa city's right to institute suit order this paragraph shall la in addition to the city's rights in regard to paymnt of contract funs to the contractor or to institute suit against the ccntraz for enforcasent of any parfoamre boa. 5-203 copies of WM Forms. My parson my request and ottaln from the City a certified copy of a £nM upon paymat of tad cost of reproduction of the bond and postage, if say. A Certified copy of a hood shall he pr£ma facie evidence of the octants, smcutiw, aW'dellvery of the original. 5-204 InsUrante Iffiqtiremanth wMarm the Purchaming Agent has xeVo red liability or haraN insurance in aceordarre with 3-205, tre sishoom coverage stowtt of such insurance shall be $300,000.00 for comprehensive general liability coverage ant the value of the city pr yerty affected for fire, hazard or prop cty tlffiage A higher Coverage limit MY be epeoifiod. The City shall be named as an additional immurmud on all such inauteuw policies, which shall be iaeuod by an ireurares capacy authorized a,W licensed to do business in the state of Maim. part C - Fiscal neepoueibllity 5-301 Fiscal Peslaretbility. F.Wiy contract wdi£icafion, change order, or Contract price adjustmnt in e: ceea of $100,000.00 scalar a construction contract with the city shall be subject to prior a5proval by the City Council after receiving a report from the appropriate city official as to the effect of the Contract modification, change order, or contract price Mjustvout on the total project hdgrt or the total contract budget. Part n - lzchi[eR-6ngu2e[ and Load surveying services 5-401 Public Auuwwcmevt and Selection Process. (1) public Aamourcemnt. It is the policy of the City to ewouxa publicly all requirements for architect-evglteer and lard surveying services ant to nagotfate such contracts on the hasis of damnetratai competence and qualification at fair and reaeowble pricm. In the procurmant of ant lauW surveying aarvices, the purchasing Agent shall request firms to satiric a statement of gualificatirns and performance data. (2) Selection Process. A selection cmmittee composed of at least Lhasa macbnre, including Ne Purcha dor Agent, the city Manager or hada design and tad City sngimer or the Mad Of tha using agency in reed of the exuhitxt-engineer or land surveying services shall conduct discussions with an less than three firms regarding the proposed contract and the relative utility of alternative methods of approach for furnishing the requited services ant shall select from em'mg themno less than three Of the firma deemd sort guflliYfe3 to provide the required services. The selection shall M made in order of preference, baced our criteria established and published by the selection camittes. Cha selection Committee shall add uemer(s) when it is determined that additional expertise is required to make informed decision regarding selection of a firm. No sconsictim shall apply tc tad amhet'ehip of the committee. (3) negotiation. The Purchasing Agent shall negotiate a contract wind the firm Considered to he the wet qualified for architect-eaylneer or la i aurveying services at compansaticn which the Purchasing Agent detexmima to ba fair aul reaeoable to the city. in making this decision, the purchasing Agent shall take into account the estimated value, the snaps, the complexity, and the professional nature a tad aervices to M rendered. Shetld the Paxchasi g Agent is unable to negotiate a satisfactory contract with the firm considered to be the chat goalified 15 Of 19 RE at a price the Purchasing A9 ®t determines to be fair and reasonable w the city, CrVhiatiwa with that firm shell he formally terminated. The Prchasing agent shall then undertake negotiations with the aeoun9 moat qualified firm. Failing accord with the area most qualified firm, the Purchasing Agent shall then uWeRake negshiaticas with the ta"d most qualified firm. should the Purchasing Agent be unable to re, ate a contract at a far and reasonable price with any of the, selected firms, the selection committee Shall Solana urolt ®al firma in hater of their comyvtenre and qualifications, and the wmhmiss b t shall nocturne negOtiations in aceardarce with thin Section until an agre®ent 1a o6wh0d. ssrrr.P 6 - 086aM®.T OR ausPffii5ION 6-101 Authority to Oabar or suspend. Rfter reesonnble notice to the person inwlvai and reae®abla opportunity for that person to ba Mazd, the Purchaaing Agent, aftaz Crneulting with the City SCUCitox', is wthnoized to debar a parson for cases from consideration for award of roMsmts. Zhe tlebermant shall be for a pariol of not ams Cash those (3) years. After CarmllbehIm with the City Solkitax, the norchmlop Meed is authorised to suspend a pale" from consideration for sward of contracts if theca is proheble cane re halieve that the person has engaged in any activity Mich might laffi to debarment. ante suspension shall be for a ponied cot to euved em (1) year. The Causes for debarment inal e: (a( cmrvirtion for commission of a criminal offense as an incident to Warning or attempting as attain a public or private contract or suthmtxact, or in the performance of such contract or ¢vatwssacy (b) cowictien Chahar state or forestal staWWa of emamzzlment, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense iMlcating a lack of business integrity co business honesty which currently, seriously, and directly affects reWnsibility as a City contractor; (c) co miction under state or federal antitrust statutes arising cut of the sulmisala: of bide or proposals; (d) violation of contract luwiatons, as set forth helar, of a character wheleb is raganled by the Auchami:g Agent to be so stricum as to justify debsaent action: (i) deliberate failure witMt good cane to perfoxa In axrordarce with the specifications of within the time limit provided in thea wntraet; or (a) a recent record of failure to perform or Of utsatisfaetcry performance in eav[detre with the terma of ore Or zara contracts; presided that failure to psxfomi or unsatisfactory performance caused by seta beyo:al the control of the wntract shall not be considered to be a basis for dMaxrent. (e) any other twee the eurrMsing Areal; datetminea to be so serious aM c®¢elling as to affect responsibility as a City Contractor lrcluding dOOCCOent by anniher govez:eantal entity for any cause. listed in this solicy; and (£) for violation of tare ethical stanvards set forth in Articis 12 (rabies in sublic reentrant). 6-102 recision to cebaz or suspend. 16e Asschasirg Agant ehall issue a written decision to de'oaz or suspend. The decision shall state the rm,ons for the action t0c n and rrtmm the debarred or suspended parson involved of its tights ce;earnirg judicial or administrative review. 6-103 Notice of Decision. A Copy of the decision required by section 6-102 (Decision to cebaz ar suspend) eha11 be mailed or otherwise furnished immediately to tha deWxzM or wmpmded person. 16 of 19 94-60 6-104 Finality of decision. A decision defer Section 1-103 (&curse on Debar or 6aagN1) shall be final and cmclusive, unless fraudulent, or the debarred or sun ended person within 10 days after receipt of tha desisted, takes an a al m the City Council or rmmmcaa a tLroly action in court in accordaom with applicable lay. AVTICU 7 - COST P0.INCIPLE6 (RESHNes) ARlIC48 B - SVPPLY IWNAGG4Nl (RR9Ravebl M4ICLE 9 -APPEALS AM1 RCP®3E5 9-101 aid Protests. (1) Right to fended. nay actual cr pxcepeotive bidder, offeror, or controntor end is aggrieved in cmureRion with the Solicitation or award of a contract dry protest m the City Manager. motestore are urged to seek recolutim of thair caiplaints initially with the Purchasing Agan.. A ptenest wind respect to as invitation for bids or lagnest, for prcpaaele Shell he aids Anted in wetting prior to the cpeniny of bids or the closing date of propxals, delete tha aggrieved person did net koov mud wIld not been korae. of the facts giving rise to send protect prior to bid opening or the closing date for proposals. The protest $ball be suMitted within five (5) calendar days after such aggrieved person knows of the facts giving rase thereto. (3) Stay of Prmurrffints Wring Postesta. In Ne event Of a tbrely protest under Subsection (1( of this section, the Purchasing Agent shell cot ysmeed fuKher with tho solicitation or accord of the contract unless the city wniger ones a written detesdoation that the awazd of a contract withvt delay is necessary to probed Substantial interests of the City. (3) EhfiClaxnL on seats. In addition to any other relief, when a protest is sustained and the protesting bidder or offeror should Mve been awarded the contract under the volicitetioa but is not, then the pr0teating bidder or offarar shall be entitled to the reasonable costa inxwx'ei in convention with the -Solicitation, including bid preparation mats othac than axtomay'e fees. 9-102 mnfrector Clafma. (1) recision of the surcMsing Agent. z1 claims by a contractor againat the City relating to a contract, except bid protease, shell be tulmftted in writing to the Purohesion Agent for a decision. xM emtrw ter day request a conference with the ourmasing Agent on the olelm. claida include, witfiwt liditatim, disputed ariaing under a contract, aha these beaed open breach of mstract, eistaks, ar other cause for mntract nodification or (3) Notice to the Connector of the A¢chming Agent's Dedfalon. 1Te decision of the Purchasing Pgent shall be pmvptly issued in writing, and atoll be ireediamly odiled or ottwrwise furtiaMd to the osntramer. Tec decision shell state the reasons; for the decision resched, and dball inform the conttnotcr of its appeal rights ocular subsection (3) of this, Section. (3) Fimlity of kurebasiug Agent's decision; CmRractx'd Right to Appeal. The Purmati g Agent's decision Shell be final and =mission unless, within ten (10) calender Jaye from the date of receipt of the decisim, the contractor Haile on otbervise delivad a written appeal to the 17 of 19 city Council ar camncee an action 1n a court of cm¢ate t jurisdiction. Mmevm'. this emtion ;Fall not he domed to auNxize any iwiclal appeal including appeals under Sole COB, Maine Rules cavil Paaedurea. not othadm ae authorized by law. )4) Failure to RmWer xznely Cecislon. If ohx Auchminq Agent dws not issue a written decision regarding any oantract Cmtroveray within ten (10) days after written request for a final dsoision, or within sndh longer periad as my ia. agreed upon beteeen the parties, than Lima aggrieved party Ray prmeel am if an adverm decision had hmsn reroived. 9-103 Pscess to adOinistrative £brume. )Peamred) 9-104 dace cs to City Courts. - (Seserwd) 9-105 Access to State Courts. (Reserved) 9-106 Authority of the Surchming Agent to Cattle Bid Aroteers and Contract Claims. The P.nchasing Agent after consultation with the City Manager or the city solicitor is authorized to settle any protest regarding the Solicitation or award of a City coutract, or sny Claim arising cot of the Farformance of a City wannot, prior to an appeal to Me City Crurcil or the cmmene®nt of as action in a court of a®mpete;t jurisdiction. _ 9-107 RheLies for Bolicitatiow or muards in Violation of Law. (1) Prior to Bid opeKn9 or Closing Date for Peceipt of Preposala. If prior to the bid openng Or the closing date for receipt of proposals, the Purehasing Bgant, after consultation with the City Solicitor, detsrmirea that a Solicitation is in vioiatim of federal, stato, or scipal isi, Lben the Solicitation shall be carcalled or revised to comply with applicable law. (2) Prior to Aw d. if after bid opening or the closing date for receipt of ptoryeale, the Rarcha sing Agent after Consultation with the City solicitor, dstazmines that a Solicitation or a prooneed award of a coRrmt is to violation of federal, state, or mmmrcipal lav, than the Solicitation or proposed award shall be canoelled. (3) after Award. If. after an award. the Pnrehasang Agent, aftdX conaultstien with the City Solicitor, dsIsimires that a solicitation or Bard of a contract was in violation of applicable law. then; (a) if tat parson ays'tled the cortract had not acted fraudulently or in had faith, (i) the contract my be ratified and affl N, provided it in determined that doing so is in the best interests of the city; or )ii) the contract any he tarntiautei and the pram awarded the cantract shall be compensated for the actual Costs reasonably incurred under the contract, plan a reasonable asuble profit. Suitor to the terminatim; or (b) if theperson awarded the Contract has acted fraudulently or in bad faith the Contract may be declared null and void or voidable, if such action is in the heat interests of the City is of 19 94-60 AR = 10 - COJP Tm PVatliSMG 10-101 wt city nn .loin G ups. TTa wxnMeing Agent sMU love N mnionity to Join conpecative p haling g[oupa or other units of govettwent in order to punnhne gala ni services v such action is deed in the teat interest M t City. Au riaetion aM m of purchases ,is antler caa[enative p cbaeing annangeoents shall be in xcond s with the award nequ nts Cib 3 in Article 3, Source Selection a Contract r tiaa. ARPICLB 11 - A68IePNAP 'M DI9RWANTACBD &IGlIDw H1T&aPRIBE PPOGPPM - (Msv o) A 1=11- k'TXI6 IN P ZC dN1 WG (nss C spnsr I, Article 6. S¢tim 7, City of Bangor G dinanne) 19 of 19 Memorandum 1. 3-107 Preferential Treatment Local vendors shall not be granted preferential treatment except If two or more bids received are for the same total amount or unit price, quality and service being equal. In such Instances, their bids shall be preferred over Nose of outside vendors. The incorporation of this provision required that a definition of"local vendor" be inserted into the regulations. This change also required the addition of 3-108 Tie Bids. 2. 1-201 Definitions (23) Local Vendor(s). For the purposes of 3-107 Preferential Treatment; a business located within the City of Bangor when considering bids from vendors located within Me State of Maine; or a business located within the State of Maine when considering bids from vendors located within the United states or elsewhere. 3. 3-108 Tie Bids ff fie bids are not resolved by preferential treatment for local vendors, Use shall be resolved by Me drawing of lots or Me flip of a win. Such be breaking procedures shall to performed during a meeting of Me Fluence Committee of Me City Consul. 4. 5-201 'Bid Security" and 5-202 "Contract Performance and Payment Bonds" were changed to increase the. required minimum contract amount to $100,000.00 in order to reflect State Statute. Paragraph (2) of 5-202 "Reduction of Bond Amounts" was deleted due to the potential conflict with the State Statute. The following section was added to require written documentation and approval from the department/division head and the City Manager for any change order to a construction Project. 5. 5-301 "Contract Changes and Approval Process" Every contract modification. change order, or wntrect prim adjustment under a construction contract with Me City shall be subject to prior approval by Me City Manager after receiving a To: Chy Council Members e From: DavidN. Pellegrino, PurchasingAgen( Date: 01//0/94 Subject: New Purchasing Policy During the January 3, 1994 meeting of the Finance Committee the following cbanges were recommended for incorporation into our new procurement policy. The attached policy includes the following changes. 1. 3-107 Preferential Treatment Local vendors shall not be granted preferential treatment except If two or more bids received are for the same total amount or unit price, quality and service being equal. In such Instances, their bids shall be preferred over Nose of outside vendors. The incorporation of this provision required that a definition of"local vendor" be inserted into the regulations. This change also required the addition of 3-108 Tie Bids. 2. 1-201 Definitions (23) Local Vendor(s). For the purposes of 3-107 Preferential Treatment; a business located within the City of Bangor when considering bids from vendors located within Me State of Maine; or a business located within the State of Maine when considering bids from vendors located within the United states or elsewhere. 3. 3-108 Tie Bids ff fie bids are not resolved by preferential treatment for local vendors, Use shall be resolved by Me drawing of lots or Me flip of a win. Such be breaking procedures shall to performed during a meeting of Me Fluence Committee of Me City Consul. 4. 5-201 'Bid Security" and 5-202 "Contract Performance and Payment Bonds" were changed to increase the. required minimum contract amount to $100,000.00 in order to reflect State Statute. Paragraph (2) of 5-202 "Reduction of Bond Amounts" was deleted due to the potential conflict with the State Statute. The following section was added to require written documentation and approval from the department/division head and the City Manager for any change order to a construction Project. 5. 5-301 "Contract Changes and Approval Process" Every contract modification. change order, or wntrect prim adjustment under a construction contract with Me City shall be subject to prior approval by Me City Manager after receiving a City Council Members Page 2 January 10, 1994 report from the department/division head that the requested change Is appropriate and that sufficlent funds are available for the change. 6. Delete Paragraph (4) (Receipt of Proposals) of 3-102 "Competitive Sealed Proposals". This paragraph did not permit disclosure of the contents of a proposal or the identity of any proposer until after contract award. Atter a lengthy discussion it was recommended by the Finance Committee to delete this roquirement from the policy.