[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 4-11-2005 by Ord. No. 2005-4-11B. Amendments noted
where applicable.]
This chapter may be known and cited as the "Purchasing
Ordinance."
This chapter is adopted pursuant to the authority
contained in Section 45-55-9, Rhode Island General Laws, 1956, 1988
Reenactment, as amended (R.I.G.L. § 45-55-9), and the Town's
Home Rule Charter, Section 910.
Contracts for professional, architectural, consulting
or engineering services are expressly exempted from the terms of this
chapter and shall follow the qualification-based selection process
in accordance with R.I.G.L. § 45-55-8.1. The procurement
of the service of an attorney, physician or dentist by the Town is
also expressly exempted from the terms of this chapter in accordance
with R.I.G.L. § 45-55-14.
The Town Council shall have the following final
powers and discretions with respect to all purchases:
A.Â
To purchase or contract for all supplies, materials
and equipment required by any office, department or agency.
B.Â
To establish and enforce specifications with respect
to supplies, materials and equipment required by the Town.
C.Â
To be responsible for the inspection of deliveries
of supplies, materials and equipment and to determine their quality,
quantity and conformance with specifications and to have the authority,
where personal inspection is not feasible, to delegate said responsibility.
D.Â
To transfer to or between offices, departments or
agencies surplus, obsolete or unused supplies, materials and equipment
and to sell any Town property.
E.Â
To be responsible for the storage and distribution
of all supplies, materials and equipment used by any office, department
or agency and to have charge of any general storerooms and warehouses
of the Town.
F.Â
To delegate any or all of the above to the Town Administrator
upon majority vote.
A.Â
Procurements, not to exceed an aggregate amount of $10,000 for construction and $5,000 for all other purchases, shall be made in accordance with this chapter. These amounts shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index. Procurement requirements shall not be artificially divided so as to constitute a small purchase under R.I.G.L. § 45-55-9. For purposes of this chapter, the terms "procurement" and "construction" shall be defined as in R.I.G.L. § 45-55-4. Purchases in excess of the above-specified amounts shall be made in accordance with state law and § 50-7 of this chapter.
B.Â
In accordance with R.I.G.L. § 45-55-3, the
Town Council hereby appoints the Finance Director as purchasing agent.
The Finance Director is responsible for ensuring that the Town's procurement
actions comply with state law.
A.Â
The Town Administrator or department head, acting
on behalf of the Town Council, may approve the purchase of any previously
budgeted item or items otherwise reasonably necessary or incidental
to the day-to-day functioning of Town offices and departments without
prior approval of the Town Council, providing that such purchase shall
be in a sum less than $5,000 ($10,000 for construction).
B.Â
In the case of purchases of less than $1,000, such
purchases may be made without the necessity of seeking competitive
bids. Where practicable, however, solicitation of competitive quotations
is encouraged.
C.Â
In the case of purchases costing $1,000 or more, but
less than $2,500, three telephonic or written quotations shall be
necessary and documented, but advertising and approval by the Town
Council shall not be necessary. If three quotes cannot be obtained,
it shall be so stated in writing.
D.Â
In the case of purchases costing $2,500 or more, but
less than $5,000 ($10,000 for construction), three written quotations
shall be necessary, but advertising and approval by the Town Council
shall not be necessary. If three written quotes cannot be obtained,
it shall be so stated in writing. The five-thousand-dollar and ten-thousand-dollar
figures shall be adjusted annually at the same rate as the Boston
Regional Consumer Price Index.
E.Â
The requirement for three telephonic or written quotes
may be waived if the goods or services have already been competitively
bid on a local, regional, state or national level by a governmental
organization, and the Town is permitted to use the contract price
established by the other governmental entity.
F.Â
Such small purchases shall be deemed ratified as if
expressly authorized by the Town Council at the time the Town Administrator
or department head first approves the purchase.
G.Â
The Finance Director is responsible for ensuring that
procurement using grant funds is in accordance with the terms of the
grant. The Finance Director is also responsible for ensuring that
purchases made with general revenue, special revenue and grant funds
are made lawfully. Such funds may not be used to purchase political
materials or services. Such funds may not be used to procure goods
or services which would benefit Town employees or elected officials.
H.Â
Department heads will retain bid documentation for
a minimum of three years after bid award.
A.Â
Each purchase which is not a small purchase as set forth in § 50-6 shall be subject to the method of source selection set forth in R.I.G.L. § 45-55-2. The Finance Director is responsible for ensuring that the Town complies with state law for large procurement actions.
(1)Â
Competitive sealed bidding will be the most common
method of source selection. Specifications can be prepared that permit
award on the basis of either the lowest qualified bid price or the
lowest qualified evaluated bid price. The invitation for bids shall
state whether award shall be made on the basis of the lowest bid price
or the lowest evaluated or responsive bid price. If the latter basis
is used, the objective measurable criteria to be utilized shall be
stated in the invitation for bids. The invitation to bid shall be
advertised, and other provisions of R.I.G.L. § 45-55-5 shall
be followed.
(2)Â
Upon receiving the report of the Finance Director
for large procurement actions, the Town Council, by majority vote,
shall award the purchase to the lowest qualified bid or the lowest
evaluated or responsive bid as required by R.I.G.L. § 45-55-5.
B.Â
The requirement for competitive sealed bidding shall
be considered met if the goods or services have already been competitively
bid on a local, regional, state or national level by a governmental
organization, and the Town is permitted to use the contract price
established by the other governmental entity.
The Finance Director may make any and all such
special rules and regulations affecting any specific bid purchase
from time to time as necessary and relevant under the circumstances
concerning any such purchase; provided, however, that all responsive
bidders are furnished notice of such special regulations and an opportunity
to inspect the same prior to the submission of a bid.
A contract may be awarded for a supply, service
or construction item without competition when the Finance Director
(or the department head, in the case of small purchasing) determines,
in writing, that there is only one source for the required supply,
service or construction item as permitted by R.I.G.L. § 45-55-8.
The President of the Town Council, Town Administrator
or department head may make or authorize others to make emergency
procurements when there exists a threat to public health, welfare,
or safety under emergency conditions, as defined by the State Emergency
Management Agency, or where the procurement will be in the best interest
of the Town, provided that emergency procurements shall be made with
as much competition as is practicable under the circumstances. A written
determination of the basis for the emergency and for the selection
of a particular contractor shall be included in the contract file.
The provisions of this chapter shall not apply
to purchases by the School Department, since a specific provision
in the Town Charter pertains.
[Added 2-23-2015 by Ord.
No. 2015-02-23]
No contract, purchase or procurement of a supply, service or
construction item may be issued to a vendor which has unpaid past
due amounts owed to the Town for any tax, fee, fine or other financial
obligation, unless the vendor has a valid, approved and current payment
agreement in effect which addresses all amounts due and owing to the
Town.