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HomeMy WebLinkAbout1975-05-12 187 AC ORDER197 x Introduced by Councilor Sooty, May 12, 1975 CITY OF BANGOR QmE.) Mrber Approving Purchasing Requlat ona By W My Coaxal oftAx MY ofJA%p . ORDERED, TWT in accordance with Chapter 1I, Article 2, Section 6.2 of the .Ord ins nee of the City of Mngor, the Purchasing Regulations, a copy of which is on file with the City Clerk, are hereby approved. I ., 187 X IN CITY COUNCIL May '12, 1975 O R D E R Passed. yes Title, CIw CIR xM CITY COUNCIL .. .,I+opioying. POrcbeein9 Re�ulatione. May 28, 1975 Voted to reconsider this offer . ...................................... Notion to amendr, , passed by the tollauing yea nel no vote. Councilors voting yes: 6aldacci, '. 9allou, digney, rocntas, xnta'oaucPa a a by Henderson, Speirs. y%//} Councilors voting no: - ^cT•...'•.. f Gass anL Mooney. Councilor Y - Soucy absent. Amended be, ern lrtN deleting "It shall also include such professional services as architectural and engineering Section 2.3 of the Purchasingr Revelations, as amended, passed. el6 Ci.Ewc RECEIVED? 1915 NAY -8 ?M 3:16 CITY CLEWS OFFICE LILY OF "N909. MAINE CITY OF BVA'AR PURMSING Ri1<UL4TIYWS Sac. 1 Purchasing P gulations Established. In accordance with Chapter II, Article 2, Section 6.2 of the Revised City Ordnancss of the City of Ranger, Maine, the Purchasing Agent, with the concurrence of the City Council, hereby establishes these Purchasing Regulations to act forth the powers and duties of the Purchasing Agent and establish purchasing pro- cedures. They shall have the same force and effect as if they were incorporated in and included in the city Ordrences. (.t Sec. 2 Definitions. For the purpose of these regulations the following terms, pbrases, words and derivations shall have the meaning given herein unless the content in which they are used clearly requires a different meaning. 2.1 parchasing. purchasing inches purchasing, routing, leasing or otherwise obtaining supplies or services. 2.2 Supplies. Supplies shall mean all supplies, materiels and equipment. 2.3 Services. Services shall mean all telephone, gas, water, electrical and, power service, towel service, laundry and cleansing service, insurance, leases or mortals of all grounis, buildings, offices, space or equipment required by the City, or leases or rented by the City to others, the repair or maintenance of equipment or real property owned by, or the responsibility of the City and shall include all labor furnished to the City by persons, firms, individuals or corporations not part of or connected with the City Government. It shall also include such professional services as architectural and engineering services. It shall not include debt service, either the repayment of principal Cr the payment of lr�erest charges. 2.4 Negotiate or Negotiation. Negotiation, when applied to the Takiog of purchases, means any method of purchasing other than formal advertising. 2.5 Formal Advertising. Formal advertising and purchasing by sealed bid are synonymous and man purchasing by competitive bids and awards involving the following basic steps: 2.5.1 Preparation of the invitation for bids, describing the requirements of the City clearly, accurately and completely, but avoiding unnecessarily restrictive specifications or requirements ` which might unduly limit the number of bidders. (The term invitation for bids, means the complete assembly of related docu- ments (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding); 2.5.2 'PSblicizine the invitation for bids, threugh distribution to prospective bidders, posting in public places, advertising in local news � media, asuch other means a may be appropriate at 1, least five calandar days prior to the time set for public opening of sealed bids{ 2.5.3 Submission of sealed bids by prospective contractors; and 2.5.4 Awarding the contract: after the bids are publicly opened in the presence of an impartial :fitness: to that responsible bidder whose bid: conforming to the invitation for bide, will be most odvaro- tageous to the City: price and other factors considered. I?.6 Hide. Bids or scales bids mean responses to invitations fok bids issued under formal advertising prv4Adures. 2.7 Quotations. Quotations: quotes and proposals are informal replies (written, telephonic, wire, oral, etc.) to price queries made during the course of a negotiates purchase. Bee. 3 Functions and Policies. The following shall be the basic functions and basic policies of this division: 3.1 Purchasira. It shell purchase all supplies and/or services for the City and for the several officers and boards thereof, excepting the school department, which may or may not, at its option, utilize the facilities of the department. 3.1.1 Formal Advertising. Purchases shall be made by formal advertising whenever such method is feasible and practicable Under existing Conditions and circumstances. 3.1.1.1 Record of Bids. The Purchasing Agent shall keep, a record of all bids submitted and such record shall be open to proper inspection by ary interested person. 3.1.1.2 Preferential Treatment. local vendors shall'out be granted preferential treatment except if all 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 those of outside vendors. 3.1.1.3 The Bide. If tie bids are not resolved by preferential treatment for local vendors, ties shall be resolved by the drawing of lots witnessed by a member of the City Council or the tied bidders. 3.1.1.4 Approval. No purchase of supplies orern exceeding $2000 shall be made without the written approval of the pimento Committee. 3.1.2 Negotiation. Notwithstanding the basic policy _ expressed in Sec. purchases may be negotiated when one of the following circumstances is present. 3.1.2.1 Small Purchases. Plnen the total dollar value of the purchase does not exceed $2000. 3.1.2.2 Emergencies. Men the public exigency will not permit the delay incident to advertising. In such emergencies the City panager, acting with the advice and aPpxnval of the Finance Committee, may authorize mmediate negotiated purchase of supplies or services necessary to protect the best interests of the city. 3.1.2.3 Formal Advertising Impractical. When the purchase is of supplies or services for which it is impracticable or impoesible to obtain competition. 3.1.2.4 S PPlies Purchases for Resale. When Ube purchase is of supplies or property for resale and oxdinarily wily for purchases of articles with brand names or of a proprietary nature which a selling activity belivee or finds to be desired or preferred by its patrons. Under such conditions the purchasing Agent may, at his discretion, permit such purchases to be effected in accordance with the procedures set forth in Sec. 3.2.1 except that he may increase the monetary limitation therein aepressed to we more than $2000.00 without the explicit approval of the Finance Committee. 3.2 Negotiation Procedures and Policies. Negotiated procurements shall be on competitive basis to the maximum practical extant. whenever supplies or services are procured by negotia- tion, price quotations or other evidence of reasonable prices and other vital matters deemed necessary by the purchasing Agent shall be solicited from the maximum number of qualified sources of supplies or ser lees consistent cod qu udth the nature of requirements for the supplies ors vices to be purchased, in accordance with the basic policies set forth below. 3.2.1 Decentralized Purchases. At the discretion of, and subject to the view arca approval of the Purchasing Agent, departmant heads or their authorised respresentatives my effect purchases in amounts not to exceed $65.00. The Purchasing Agent shall i such rules and regulations and prescribe such forms a he deewssnecessary to control such purchases. He may also permit department heads to order delivery of supplies or services, without monetary limitation, in those instances where price, terms, con- ditions end contractors have been predetermined by his establishing Open-end (estinatel requirenant type) contracts, or where prices am established by the State Public Utility Commission (electricity, telephone service, etc.). 3.2.2 Purchases - Not to Exceed $350. Wren the Purchasing Agent considers prices to be fair and, reasoroble and the total amount of a purchase does not exceed $350.00, procedures and documentation will be simplified to the maxdmom degree possible. He shall establish such rules of procedure for such purchases as he feels necessary to insure against abuse of the public's best interest. 3.23 purchases — $350. to $2.000. Negotiated purchases exceeding $350 but not exceeding $2,000 in total cost will be supported by a record of price quotations from three com— petitive sources or adequate explanation Justifying the absence of each competition. Such c;aotatlons may be obtained in writing, verbally, or by such other means as may be prescribes by the Purchasing Agent as appropriate to the circumstances. 3.2.4 Purchases exceeding $2000. Negotiated purchases exceeding $2000 in value, as permitted by Sections 3.1.2.2 through 3.1.2.4, must be approved by the licence Committee prior to award. Request for such approval will be accompanied by a full statement of facts Justifying the recommendation for award. 3.3 Recuisitiws. Purchases involving the immediate encomberanes of City funis shall be made only on a written requisition submitted by the heal of the requesting department, in such form as prescribed by the Purchasing Agent. Requisitions involving the experelture of $650 or more shall bear the written approval of the City Manger. 3.3.1 Revisory Power in Agent. The Purchasing Agent shall eximune each requisition aM shall have the authority to reviae it as to quantity, quality or estimated coat; but revision as to quality shall be holy with the concurrence of the using agency or, if agreement cannot be reaches, with the concurrence of the City Manager. 3.4 Appropriation Rewired. No purchase of supplies or services not provides for in the anmual appropriation resolve shall be made unless by specific older of the City Council. Signature of the locating department head and, when required, the City Manager, on the requisition shall be evidence to the Purchasing Agent that funds have been provided. 3.5 Sale of Property. It shall conduct the sue of all municipal property which may be unfit or for which the City has no further use, on the written request of the responsible department hemi 3.5.1 Sale Procedure. The estimated dollar value of the sale will con— trol the procedure to be utilized in essentially Us same mouser as purchases; i sales estimatei not to exceei $350 in value wsll follow procedures in Section 3.2.2; sales exceed— ing $350 but Trot exceeding $2,000 in value will follow procedures An Section 3.2.3; sales estimated to exceed $2,000 in value will be formally advertised. 3.6 Uwuthorizai Purchases. Except as herein provided, oras may be specifi— cally wthoriz,ei by the City Council or the Purchasing Agent, it shall be unlawful for any City employee or official to purchase any supplies or services other than through the Purchasing Department amu in accordance with these regulations. 3.7 Conflict of Interest. No person authorized to act on behalf of the City shall enter into any agreement, contract, purchase order, etc., with any individual, firm, corporation, organization, etc., in which said person has a financial interest. 3.7.1 Gifts and Gratuities. The Purchasing Agent and every officer and employee of the City are expressly pro- hibited from accepting, directly or indirectly, from any, person, firm, corporation or organization to which any purchase order or contract is, or might be, awarded, any rebate, gift or anything of value whatsoever, except where given for the vas or benefit of the City. Sec. 4 Scope of Purchasing Agents Authority. Defining those Powers and duties outlined broa ater le of .the Revised City Ord mocesi the Purchasing Agent shall purchasecor contractb for all supplies and services needed by any using agency (with the exception of the School pap tment) which derives its support wholly or in part from the City, in accordance with procedures prescribed by these regulations and such additional lawful rales, not inconsistent herewith, as the Agent shall adopt for the efficient internal management and operation of the Purchasing Division. 4.1 Exceptions Prohibited. The authority of the Purchasing Agent to affect all purchases for all using agencies shall net be abridged by excepting any using agency (except the School Department) unless the City Council, by Council order, Creole an exception for a specific purchase. 4.1.1 Temporary Absences. During periods of temporary absence the City Agent.Manager will perform the duties of the Purchasing 4.2 Tax Exemptions. The P chasiag Agent will act to procure for the City all entitled. Federal or State tax exemptions to which the City is 4.3 Diseuslification of Bidders. The Purchasing Agent will have the autboiity to disqualify bidders who default on their bids, quotations, contracts or purchase orders from receiving further awards from the City. Such decisions will be subject to the right of the so disquali- fied bidder to appeal to the City Council for a reversal or reinstatement. 43.1 Aeiection of Bids. The Purchasing Agent will have the authority to reject any and all bide received in response to imitations for bids when bids are deemed non-respcneive, token, collusive, or otherwise non -acceptable and such action is in the beat interests of the City. 4.4 Cooperative Purchasing. The Purchasing Agent shall have the authority to join other units of government (Federal, State, County, municipal and municipal subdivisions, including such quasi -municipal agencies as pater Districts, Sewer Districts, etc.) in cooperative purches- ing plans when the best interests of the City would be served thereby and such action is in accordance with and pursuant to law. 4.5 Other Roties. The Purchasing Agent shall perform such other duties related to the functions duties cad authorities set forth herein may be prescribed by the City Manager, the rinance Director, or any applicable State Or local laws and Ordinances. See. 5 Reserved. sec. 6 ONinance Repealed. All ordinances, orders, ami resolves and parts of ordinances, criers, and resolves incistent herewith are hereby re— peeleds except insofar as they my toorexisting contracts and rights.