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.