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.
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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.
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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.
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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.