[HISTORY: Adopted by the Town Council of
the Town of Mansfield 6-22-2009, effective 7-22-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative departments — See Ch. 2.
Code of Ethics — See Ch. 25.
Disposal of property — See Ch. 73.
Reserve Fund — See Ch. 85.
[1]
Editor's Note: This ordinance also superseded former Ch. 76,
Purchasing, adopted 5-29-1990.
This chapter shall be known and may be cited as "The Ordinance
for Obtaining Goods and Services."
This chapter is enacted pursuant to the provisions of Town Charter § C506B(1)(c).
A.
The purpose of this chapter is to provide a set of procedures designed to obtain the best possible value for the necessary goods and services purchased by the Town of Mansfield, in accordance with Article V, § C506, of the Town Charter. It shall be the general policy and presumption of the Town Council that contracts for the procurement of supplies, materials, equipment, property or services shall be entered into pursuant to a competitive process. The Town Council has also determined that competitive bidding in some instances may be against the best interest of the Town. The Council, therefore, invokes its powers under Article V, § C506B(1)(c), of the Town Charter to establish this chapter designed to better ensure receipt by the Town of the best possible value for necessary goods and services by taking advantage of all prudent purchasing methods and opportunities available in the marketplace, including the open competitive bidding process, and delegates authority to implement these procedures to the Purchasing Agent. These procedures are further designed to provide for the fair and equitable treatment of all persons involved in public purchasing by the Town of Mansfield.
[Amended 6-26-2017, effective 7-17-2017]
B.
This chapter
shall apply to the purchase of all supplies, materials, equipment
and other commodities and contractual services and construction (hereafter
referred to as "products and services") required by any department,
agency, board or commission of the Town, irrespective of the source
of funds, except the purchase of specialized goods and contractual
services for the purpose of instruction by the Board of Education.
The Mansfield Board of Education and the Region 19 Board of Education
shall be encouraged to adopt purchasing regulations similar to the
provisions of this chapter. Nothing herein contained shall be construed
to prevent the Director of Finance from serving, to the extent requested,
as the Purchasing Agent for all requirements of the Board(s) of Education.
C.
In order
to increase the development and awareness of environmentally sound
products and services, the Town of Mansfield will ensure that all
possible and feasible specifications are reviewed for consideration
of environmental impacts. Consideration will be given to those products
that, from a life cycle perspective, adversely affect the environment
in the least possible way. This means that the Town of Mansfield will
make a reasonable and responsible effort to choose product and services
that:
A.
As provided in the Town Charter, the Director of Finance shall serve as the Purchasing Agent for the Town, and shall be responsible for the procurement of all products and services for the Town. Subject to the limitations set forth in the Charter and in § 76-3B of this chapter, the Purchasing Agent shall have the authority to approve all contract specifications, prescribe the method of source selection to be utilized in the procurement of all products or services, award all contracts for products and services based on a determination of the bidder who offers the best value to the Town, and shall have the authority necessary to enforce the purchasing provisions of the Charter and these rules. In addition, the Purchasing Agent shall have the following specific duties:
(1)
To inspect all supplies, material and equipment ordered by and delivered to the Town to ensure compliance with specifications and conditions affecting the purchase thereof, or delegate the inspection thereof to such Town employees as are authorized to purchase said supplies, materials or equipment in accordance with Subsection B of this section.
(2)
To procure
and award contracts for, or supervise the procurement of, all products
and services needed by the Town, and to maintain custody and care
of all contracts for goods and contractual services to which the Town
is a party.
(3)
To transfer
between offices or sell, trade, or otherwise dispose of surplus supplies,
materials, or equipment belonging to the Town.
(4)
To prepare,
issue, revise, and maintain all bid specifications and to establish
and maintain programs for specification development, and the inspection,
testing, and acceptance of products and services.
(5)
To prepare
and adopt operational procedures governing the procurement functions
of the Town.
(6)
To have
the discretion and authority for cause to disqualify vendors and to
declare them to be irresponsible bidders and to remove them from receiving
any business from the Town.
(7)
To cancel,
in whole or in part, an invitation to bid, a request for proposals,
or any other solicitation, or to reject, in whole or in part, any
and all bids or proposals when to do so is in the best interests of
the Town.
(8)
To require,
when necessary, bid deposits, performance bonds, insurance certificates,
and labor and material bonds or other similar instruments or security
which protect the interests of the Town.
(9)
To procure
for the Town all federal and state tax exemptions to which it is entitled.
(10)
To
ensure that the Town is exempt from state fair trade laws as provided
by the Connecticut General Statutes.
(11)
To
join with other units of government and with private sector organizations
in cooperative purchasing plans when the best interests of the Town
would be served.
B.
Delegation
to other Town officials. With the written approval of the Town Manager,
the Purchasing Agent may delegate any portion of the authority to
purchase certain products and services to other Town employees, if
such delegation is deemed necessary and appropriate for the effective
and efficient operation of Town government and for the procurement
of those items. The Purchasing Agent, with the written approval of
the Town Manager, may revoke such delegation at any time. The person
to whom such authority is delegated shall be responsible for complying
with the requirements of the Charter, this chapter and any rules or
regulations which may exist relating to the execution of the procurement
process.
C.
Methods
of source selection. In accordance with Article V of the Town Charter,
unless otherwise prescribed by law, the Purchasing Agent shall take
advantage of all prudent purchasing methods and opportunities available
in the marketplace. This includes, but is not limited to, such methods
as competitive sealed bids, competitive sealed proposals, competitive
negotiation, sole-source procurement, small purchase procedures, credit
card procedures, bulk ordering, emergency purchases, multi-step bidding,
Internet purchasing, use of cooperative purchasing plans and public
auctions. The Purchasing Agent may prequalify a small number of firms,
typically no more than three or four, using one of the methods listed
in this subsection for obtaining goods and services. In deciding which
method to utilize, the Purchasing Agent may take into consideration
the following factors:
[Amended 6-26-2017, effective 7-17-2017]
(1)
How
to obtain the best value for the commodity.
(2)
Whether
or not to utilize a fixed-price or fixed-service contract under the
circumstances.
(3)
Whether
quality, availability, or capability is overriding in relation to
price.
(4)
Whether
the initial installation needs to be evaluated together with subsequent
maintenance and service capabilities and what priority should be given
to these requirements.
(5)
What
benefits are derived from product or service compatibility and standardization
and what priority should be given these requirements.
(6)
Whether
the marketplace will respond better to a solicitation permitting not
only a range of alternative proposals, but evaluation, discussion,
and negotiation of them before making the award.
(7)
What
is practicable and advantageous to the Town.
(8)
The
availability of vendors.
(9)
The
efficiency of the process.
(10)
The
fair and equitable treatment of potential participants.
(11)
The
degree to which specifications can be made clear and complete.
(12)
The
timeliness of the process to the needs of the Town.
D.
Award of contract. Contracts shall be awarded, by the Purchasing Agent to the vendor who offers the best value to the Town. The Finance Committee shall be advised in the next quarterly financial report, or sooner when appropriate, when the Purchasing Agent awards a contract for goods or services for $10,000 or more (but not professional services as defined in Subsection I) other than by competitive sealed bid in accordance with Article V, § C506B(1)(c), of the Town Charter. Best value shall be determined by consideration of some or all of the following factors as deemed appropriate by the Purchasing Agent.
On behalf of the Town, the Purchasing Agent shall have the authority
and responsibility to execute contracts for the purchase of all products
and services for the Town, determining the length of the contract,
payment terms, and other specifications. Following the termination
of any contract, the Purchasing Agent will initiate a new procurement
process if additional quantities of the goods or additional services
are required.
The Finance Committee shall be advised on a quarterly basis
of all vendors whose cumulative contracts with the Town or Board reach
$50,000.
[Amended 6-26-2017, effective 7-17-2017]
(1)
The
quality, availability, adaptability, and efficiency of use of the
products and service to the particular use required.
(2)
The
degree to which the provided products and services meet the specified
needs of the Town, including consideration, when appropriate, of the
compatibility with and ease of integration with existing products,
services or systems.
(3)
The
number, scope, and significance of conditions or exceptions attached
or contained in the bid and the terms of warranties, guarantees, return
policies, and insurance provisions.
(4)
Whether
the vendor can supply the product or service promptly, or within the
specified time, without delay or additional conditions.
(5)
The
competitiveness and reasonableness of the total cost or price, including
consideration of the total life-cycle cost and any operational costs
that are incurred if accepted.
(6)
A cost
analysis or a price analysis including the specific elements of costs,
the appropriate verification of cost or pricing data, the necessity
of certain costs, the reasonableness of amounts estimated for the
necessary costs, the reasonableness of allowances for contingencies,
the basis used for allocation of indirect costs, and the appropriateness
of allocations of particular indirect costs to the proposed contract.
(7)
A price
analysis involving an evaluation of prices for the same or similar
products or services. Price analysis criteria include, but are not
limited to: price submissions of prospective vendors in the current
procurement, prior price quotations and contract prices charged by
the vendor, prices published in catalogs or price lists, prices available
on the open market, and in-house estimates of cost.
(8)
Whether
or not the vendor can supply the product or perform the service at
the price offered.
(9)
The
ability, capacity, experience, skill, and judgment of the vendor to
perform the contract.
(10)
The
reputation, character and integrity of the vendor.
(11)
The
quality of performance on previous contracts or services to the Town
or others.
(12)
The
previous and existing compliance by the vendor with laws and ordinances
or previous performance relating to the contract or service, or on
other contracts with the Town or other entities.
(13)
The
sufficiency, stability, and future solvency of the financial resources
of the vendor.
(14)
The
ability of the vendor to provide future maintenance and service for
the use of the products or services subject to the contract.
E.
Common specifications
and standards.
(1)
In accordance
with this chapter, all of the Town's departments, agencies, boards
and commissions shall work together with the Purchasing Agent to identify
common needs and establish standard specifications for the purchase
of goods and contractual services which are commonly used by more
than one department, agency, board, or commission.
(2)
The
Purchasing Agent shall be responsible for identifying goods and contractual
services common to the needs of the Town, School Department and their
boards and commissions and for preparing and utilizing standard written
specifications submitted for such goods and contractual services.
After adoption, each standard specification shall, until revised or
rescinded, apply in terms and effect to every purchase and contract
for said goods or contractual service. The Town Manager may exempt
any using agency of the Town from the use of the goods or contractual
services in such standard specification if, in his/her judgment, it
is in the best interest of the Town to so do.
F.
Sole-source
procurement and brand name specification.
(1)
It is
the policy of the Town to encourage fair and practicable competition
consistent with obtaining the best possible value for the necessary
products and services required by the Town. Since the use of sole-source
procurement or a brand name specification is restrictive, it may be
used only when the Purchasing Agent makes a written determination
that there is only one practical source for the required product or
service or that only the identified brand name item or items will
satisfy the Town's needs and the Town Manager concurs with such finding.
A requirement for a particular brand name does not justify sole-source
procurement if there is more than one potential vendor for that product
or service.
(2)
Any
request by a using agency that procurement be restricted to one potential
contractor or be limited to a specific brand name shall be accompanied
by an explanation as to why no other will be suitable or acceptable
to meet the need.
(3)
A record
of all sole-source procurements and brand name specifications shall
be maintained. Sole-source records shall list each contractor's name;
the amount and type of each contract; a listing of the products or
services procured under each contract; and the effective dates of
the contract. Brand name records shall list the brand name specification
used, the number of suppliers solicited, the identity of these suppliers,
the supplier awarded the contract, and the contract price. The Town
Council Finance Committee shall be advised, in the next quarterly
financial report, or sooner when appropriate, when the Purchasing
Agent and the Town Manager have made a determination of brand name
or sole-source selection.
G.
All purchases
made and contracts executed by the Purchasing Agent shall be pursuant
to a written or electronic purchase order from the head of the office,
department or agency whose appropriation will be charged, and no contract
or order shall be issued to any vendor unless and until the Director
of Finance certifies that there is to the credit of such office, department
or agency a sufficient unencumbered appropriation balance to pay for
the supplies, materials, equipment or contractual services for which
the contract or order is to be issued. This requirement may be deferred
in the event that an emergency situation requires prompt action by
the Purchasing Agent. This subsection will not prevent the use of
open purchase orders or the use of a purchasing card program designed
to consolidate many small transactions onto a single monthly invoice.
H.
The responsible
head of each department, office, institution, board, commission, agency
or instrumentality of the Town shall certify, in writing, to the Purchasing
Agent the names of such officers or employees who shall be exclusively
authorized to sign purchase orders for such respective department,
office, institution, board, commission, agency or instrumentality,
and all requests for purchases shall be void unless executed by such
certified officers or employees and approved by the Purchasing Agent.
I.
Professional services. As the procurement of professional services is generally exempt from the requirements of competitive sealed bidding, all contracts for professional services, including legal services, shall be obtained in accordance with the following guidelines, with the exception of the Town Attorney who shall be chosen in accordance with Article III, § C305, of the Town Charter. The Town Manager shall execute an agreement for professional services with the appointed Town Attorney.
(1)
A request for proposal (RFP) or request for qualifications (RFQ) shall be written for all requests for professional services [except as described in Subsection I(3) below] of $25,000 or more. The RFP or RFQ shall be written in such a manner as to describe the requirement to be met, without having the effect of exclusively requiring a proprietary product or service, or procurement from a sole source, unless approved in accordance with the requirements of this section. This requirement may be met by using state-contracted pricing or prequalified pricing through other governmental or cooperative agency arrangement, including but not limited to the Connecticut Conference of Municipalities (CCM) and Capital Region Council of Governments (CRCOG).
[Amended 6-26-2017, effective 7-17-2017]
(2)
[1]In accordance with Article III, § C305C, of the Town Charter, the Town Manager, with the approval of the Town Council, may obtain special legal services other than the Town Attorney. In obtaining those services, the Town Manager may consider, in addition to hourly rate, the reputation, character and integrity of the firm, the quality of performance on previous contracts and services to the Town, the ability of the firm to provide these services over an extended period, and the ability, capacity, experience, skill and judgment of the attorneys performing the service.
[1]
Editor's Note: Former Subsection I(2), regarding use of competitive
negotiation as the preferred method for obtaining professional services
for a less precise scope of work, was repealed 6-26-2017, effective
7-17-2017. This ordinance also provided for the redesignation of former
Subsection I(3) through (6) as Subsection I(2) through (5), respectively.
(3)
The award of a professional services contract shall be done in a manner designed to obtain the best possible value to the Town and with consideration of the factors listed in Subsection D of this section, titled "Award of contract."
(4)
Professional
services defined.
(a)
Professional
services are defined as:
[1]
Work requiring knowledge of an advanced type in a field of study
and which frequently requires special credentialing, certification
or licensure. Such areas include but are not limited to engineers,
architects, appraisers, medical service providers, consultants, actuaries,
banking services, and legal; or
[2]
Work that is original and creative in character in a recognized field
or artistic endeavor or requires special abilities and depends primarily
on a person's invention, imagination, or creative talent. Such fields
or artistic endeavors include but are not limited to the following:
health and fitness, cultural arts, crafts, ice skating, and specialty
area instructors; and
[3]
Work that requires consistent exercise of independent discretion
and judgment to perform according to a provider's own methods and
without being subject to the control of the Town except as to the
result of the work.
(b)
Professional
service providers shall not be dependent on the Town as their sole
client, and must be clearly considered an independent contractor as
opposed to an employee as defined by state and federal laws, regulations,
and court decisions.
(5)
On behalf
of the Town, the Purchasing Agent shall have the authority and responsibility
to execute professional service contracts under $25,000, determining
the length of the contract, payment terms, and other specifications.
The Town Manager shall have the authority and responsibility to execute
professional service contracts of $25,000 or more, determining the
length of the contract, payment terms, and other specifications. Following
the termination of any contract, the Purchasing Agent will initiate
a new procurement process if additional quantities of the goods or
additional services are required.
[Amended 6-26-2017, effective 7-17-2017]
J.
Invoice
schedule. All contracts for goods, contractual services and professional
services to which the Town is a party shall include a provision requiring
the vendor or contractor to invoice the Town in a timely manner, pursuant
to a schedule established by the Purchasing Agent.
K.
Custody of contracts. All contracts for goods, contractual services and professional services to which the Town is a party shall be kept in the office of the Purchasing Agent and shall be under the care and custody of the Purchasing Agent unless the Purchasing Agent has delegated the authority to take custody of such a contract to another Town official in accordance with Subsection B of this section. All other contracts to which the Town is a party or to which any officer or board, bureau or commission of the Town, acting in behalf of the Town, is a party shall be kept on file in the Town Clerk's office and shall be under the care and custody of the Town Clerk. When any officer, board, bureau or commission of said Town shall require any original contract in which the Town is interested, as aforesaid, the contract shall not be taken from the Town Clerk's or Purchasing Agent's office until such officer, board, bureau or commission has given a receipt therefor, and a copy of such contract shall be filed with the Town Clerk or Purchasing Agent as soon as the same can be made. The above provisions shall not apply when any such contract is needed for temporary use in the Town building and is returned on the same day that it is taken.
