City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven 7-25-1983 by Ord. No. 207. Amendments noted where applicable.]
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
AGENT
The Director of Finance, who shall also serve as City purchasing agent and shall be the head of the Department of Finance.
[Amended 11-26-2007]
CITY
The City of West Haven.
CONSTRUCTION MANAGEMENT SERVICES
Services provided for capital improvement projects not managed by a City employee, general contractor, or an appointed board or committee, but to be provided by a qualified construction manager.
[Added 11-26-2007]
CONTRACT
Any agreement, either verbal or written, between the City of West Haven and one or more parties, that obligates the City of West Haven for payment for goods or services, including, but not limited to, those services as defined herein as contractual services, professional services and construction management services.
[Added 11-26-2007]
CONTRACTUAL SERVICES
Includes all telephone, gas, water, electric, light and power services; towel and cleaning service; insurance; lease for all grounds, buildings, offices or other space required by the using agencies; and the rental, repair or maintenance of equipment, machinery and other City-owned personal property.
[Amended 11-26-2007]
PROFESSIONAL SERVICES
Services requiring the furnishing of judgment, expertise, design, advice or effort by persons other than City employees, not involving the delivery of a specific end or product defined by bid specifications. This shall include consulting, professional, legal, financial, personal and technical services.
[Added 11-26-2007]
USING AGENCY
Any department, agency, commission, bureau or other unit of City government using supplies or procuring contractual services, professional services or construction management services as provided in this chapter.
[Amended 11-26-2007]
A. 
Purchase or contract. The agent shall have the power and it shall be his duty to purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the City, in accordance with purchasing procedures as prescribed by this chapter and such rules and regulations as the agent shall adopt for the internal management and operation of the Department of Purchasing and such other rules and regulations as shall be prescribed by the Mayor, not inconsistent with this chapter, and/or by the City Council, as shall be prescribed by resolution.
B. 
Exceptions prohibited. The authority of the agent to negotiate all purchases for all using agencies shall not be abridged by excepting any particular using agency.
C. 
Unauthorized purchases. It shall be unlawful for any City officer or officers to order the purchase of any supplies or make any contract, except as herein provided, other than through the Department of Finance, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the City officials, and the City shall not be bound thereby.
D. 
Other powers and duties. In addition to the purchasing authority conferred in Subsection A and in addition to any other powers and duties conferred by this chapter, the agent shall:
(1) 
Minimum expenditure. Purchase at least cost to the City in accordance with standards set forth in § 42-8 of this chapter.
[Amended 11-26-2007]
(2) 
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(3) 
Rules and regulations. Establish and amend, when necessary, rules and regulations adopted by the agent for the internal management and operation of the Department of Purchasing.
(4) 
Forms. Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this chapter.
(5) 
Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
(6) 
Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage of discounts.
(7) 
Federal and state tax exemptions. Act so as to procure for the City all federal and state tax exemptions to which it is entitled.
(8) 
Purchase orders or estimates prior to purchase. Purchase only after and in consideration of purchase orders or estimates submitted as provided by this chapter.
(9) 
Disqualification of bidders. Have the authority to declare vendors who default on their quotations irresponsible bidders and, in addition, to disqualify them from receiving any business from the municipality for a stated period of time.
A. 
The City purchasing agent shall prepare and secure, with the cooperation of the City departments, standard and written specifications for supplies used by the various branches of the City government.
B. 
After its adoption, each standard specification shall, until revised or rescinded, apply alike in terms and effect to every future purchase and contract for the supply described in such specification.
C. 
Exemption. The agent shall have the authority to exempt any using agency of the City for use of supply described in such standard specification.
D. 
All specifications shall be definite and certain and shall permit competition.
E. 
Exception. The provisions of this section shall not apply to noncompetitive types and kinds of supplies.
A. 
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the agent detailed purchase orders or estimates of their requirements in supplies and contractual services in such manner, at such time and for such future periods as the agent shall prescribe.
B. 
Unforseen requirements. A using agency shall not be prevented from filing in the same manner with the agent at any time a purchase order or estimate for any supplies and contractual services, the need for which was not forseen when the detailed estimates were filed.
C. 
Revisory power in agent. The agent shall examine each requisition or estimate and shall have the authority to revise it as to quality or estimated cost, but revision as to quality shall be in accordance with the standards and specifications established pursuant to this chapter, except that there shall be no revision as to quality or quantity of any purchase order or estimate submitted by the Board of Education.
The agent or every officer of the City is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract may be or might be awarded any rebate, gift, money or anything of value whatsoever.
A. 
All purchases of and contracts for supplies and contractual services and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based whenever possible on competitive bids.
B. 
Formal contract procedure. All supplies and contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be purchased by formal written contract from the lowest responsible bidder, after due notice inviting proposals.
[Amended 1-26-1998 by Ord. No. 370; 11-26-2007]
C. 
Notice inviting bids. Notice inviting bids shall be published at least once in a newspaper having circulation in the City giving 10 days' notice preceding the last day set for the receipt of proposals.
D. 
Bid deposits. When deemed necessary by the agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to a return of surety where the agent has required such. A successful bidder shall forfeit any surety required by the agent upon failure to enter a contract within 10 days after the award.
A. 
Sealed. Bids shall be submitted sealed to the agent.
B. 
Opening. Bids shall be opened in public at the time and place stated in the public notice.
C. 
Tabulating. A tabulation of all bids received shall be posted for public inspection.
D. 
Rejection of bids. The agent shall have the authority to reject any or all bids or the bid for any one or more supplies or contractual services included in the proposed contract when the public interest will be served thereby. The agent shall be required to assign reasons for any rejection.
[Amended 11-26-2007]
A. 
Authority in agent. The agent shall have the authority to award contracts within the purview of this chapter.
B. 
Lowest responsible bidder.
(1) 
Contracts shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the agent shall consider:
(a) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
(b) 
Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
(c) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(d) 
The quality of performance of previous contracts or services.
(e) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
(f) 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(g) 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
(h) 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
(i) 
The number and scope of conditions attached to the bid.
(j) 
Certification by the bidder on a Vendor Affidavit Form approved by the City Council that the bidder does not owe the City of West Haven any back taxes on any real or personal property owned by the bidder.
[Added 11-26-2007]
(2) 
Bid preference for local vendors.
[Amended 5-22-1995 by Ord. No. 345]
(a) 
For the purpose of this section, "city-based business" shall mean a business with a principal place of business located within the City of West Haven. A business shall not be considered a "city-based business" unless evidence satisfactory to the purchasing agent has been submitted with each bid submitted by said business to establish that said business has a bona fide principal place of business in West Haven. Such evidence may include evidence of ownership of or a long-term lease of the real estate from which the principal place of business is operated or payment of property taxes on the personal property of the business to be used in performance of the bid.
(b) 
For the purpose of this section, "project" shall mean all bids and all quotes solicited for purchases not exempted from bidding pursuant to this Chapter 42, Purchasing Procedures, of the Code of the City of West Haven, as amended, except requests for proposal.
(c) 
On any project, the lowest responsible bidder shall be determined in the following order:
[1] 
Cost of project.
[a] 
On projects the cost of which are $1,000,000 total contract price or less, any City-based bidder which has submitted a bid not more than 10% higher than the low bid, provided that such city-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 10% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
[b] 
On projects the cost of which are over $1,000,000 but less than $5,000,000 total contract price, any City-based bidder which has submitted a bid not more than 5% higher than the low bid, provided that such City-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 5% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
[c] 
On projects the cost of which are over $5,000,000 total contract price, any City-based bidder which has submitted a bid not more than 3% higher than the low bid, provided that such City-based bidder agrees to accept the award of the bid at the amount of the low bid. If more than one City-based bidder has submitted bids not more than 3% higher than the low bid and has agreed to accept the award of the bid at the amount of the low bid, the lowest responsible bidder shall be that one of such City-based bidders which submitted the lowest bid.
[2] 
The low bidder.
[a] 
Any local vendor meeting the requirements of a local vendor as defined in this § 42-8B(2) responding to a solicitation shall be required to submit a signed local bidder affidavit form with their bid submittal. Failure to submit this affidavit form may result in your disqualification as a local vendor and ineligibility for contract award.
[b] 
Any local vendor who submitted the second lowest bid meeting the above requirements will be given the opportunity to match the low bid unless the awarded bidder is also a local vendor. The local vendor shall be required to submit a written acknowledgment of their acceptance of the low bid to be eligible for contract award.
[Amended 11-26-2007]
(d) 
This subsection providing for a local bidders preference shall not apply to any contracts to which there is applicable any state or federal law or regulation which prohibits local purchasing preferences.
[Added 9-25-1995 by Ord. No. 350]
C. 
Award to other than low bidder. When the award is not given to the lowest bidder, a full complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with the other papers relating to the transaction.
D. 
Tie bids.
(1) 
Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
(2) 
Where Subsection D(1) is not in effect and where public interest will not permit the delay or readvertising for bids, the agent shall have the authority to award the contract to one of the tie bidders by drawing lots in public or to purchase the supplies or contractual services in the open market as herein provided. The open market price shall not exceed the lowest contract bid price submitted for the same commodity or contractual service.
(3) 
Performance bonds. The agent shall have the authority to require a performance bond or a payment and performance bond before entering a contract, in such amount as he shall find reasonably necessary to protect the best interest of the City.
(4) 
Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
A. 
All purchases of supplies and contractual services equal to or less than the estimated value of $10,000 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by § 42-6.
[Amended 1-26-1998 by Ord. No. 370; 11-26-2007]
B. 
Minimum number of proposals. All open market purchases shall, whenever possible, be based on at least three competitive proposals and shall be awarded to the lowest responsible proposer, in accordance with the standards set forth in § 42-8B of this chapter.
[Amended 11-26-2007]
C. 
Notice inviting bids. The agent shall solicit bids by direct mail request to prospective vendors, by telephone and by public notice posted on the bulletin board of the City Hall.
D. 
Recording. The agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection.
A. 
There is hereby appropriated out of any money in the City treasury not otherwise appropriated $500, which shall be known as the "Petty Expenditures Revolving Fund." From this fund shall be paid all purchases not in excess of $15 each made by the heads of using agencies for incidentals, with the approval of the agent.
B. 
Accounting. At the end of each month, the agent shall render a report of the actual expenditures for each using agency so made out of such Petty Expenditures Revolving Fund, and the City Comptroller shall reimburse said revolving fund for such expenditures in the same manner as other expenditures of such using agencies are paid.
A. 
By agent. In case of an emergency which requires immediate purchase of supplies or contractual services, the Mayor shall be empowered to authorize the agent to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services, regardless of the amount of the expenditure.
B. 
Recorder explanation. A full explanation of the circumstances of any emergency purchase by the agent shall be entered in the minutes of the City Council and shall be open to public inspection.
C. 
By head of departments. In case of actual emergency and with the consent of the agent and approval of the Mayor, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens.
D. 
Written explanation. The head of such using agency shall send to the agent a purchase order and a copy of the delivery record, together with a full written explanation of the circumstances of the emergency, which shall be filed by the agent as a permanent and public record of the purchase.
E. 
Emergency procedure. The agent shall, by rules and regulations, prescribe the procedure under which emergency purchases may be made.
F. 
Verbal contracts. Verbal contracts may only be made pursuant to Subsection C above where procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens and must be presented as a written contract subject to § 42-15 of this chapter.
[Added 11-26-2007]
A. 
The agent shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance to the specifications set forth in the order of contract.
B. 
Inspection by using agency. The agent shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the agent shall prescribe.
C. 
Tests. The agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance to the specifications. In the performance of such tests, the agent shall have the authority to make use of laboratory facilities of any agency of the City government or any outside laboratory.
[Amended 11-26-2007]
A. 
All using agencies shall submit to the agent, at such times and in such form as he shall prescribe, reports showing stocks of all supplies and personal property which are no longer used or which have become obsolete, worn out or scrapped.
B. 
Transfer. The agent shall have the authority to transfer surplus stock and/or personal property which have become unsuitable for public use or to exchange or trade in the same or new supplies or personal property.
C. 
Sale. The agent shall have the authority to sell all supplies which have become unsuitable for public use or to exchange or trade in the same on new supplies.
D. 
Competitive bidding. Sales under this section shall be made to the highest responsible bidder and in conformance with § 42-6 or 42-7 hereof, whichever is applicable.
E. 
All sales of stock or personal property which has become obsolete and unusable, when the estimated price thereof shall exceed $10,000, shall be made to the highest responsible bidder and in conformance with § 42-7 hereof.
F. 
All sales of stock or personal property which has become obsolete and unusable, the estimated price thereof being equal to or less than $ 10,000, shall be made to the highest responsible bidder in conformance with § 42-9 hereof.
The agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby.
[Added 11-26-2007]
A. 
All contracts that involve the City, its commissioners, departments or any other subsidiary of the City of West Haven that are longer than three years in length or contain provisions involving the automatic renewal of said contract must be presented to the City Council for approval by the City Council. If this process is not adhered to the contract shall be deemed null and void.
B. 
Construction management services. The use of construction management services may be considered on a project-by-project basis with the approval of City Council. When used, contracts for such services shall be negotiated individually for each project and only that project. No multiproject or master agreements shall be used.
C. 
Professional services. Professional services as defined in this chapter shall be selected by the following qualification based procedure:
(1) 
The Purchasing Agent together with the head of the using agency will formulate and issue a request for qualifications (RFQ) seeking a qualified professional in the field for which the services are required.
(2) 
The responses to the RFQ will be evaluated by the Purchasing Agent and the head of the using agency and those respondents deemed to be the most qualified will be interviewed by the Purchasing Agent and the head of the using agency.
(3) 
Those respondents deemed most qualified after the interview process shall be given a request for proposal (RFP) to provide required services.
(4) 
The Purchasing Agent and the head of the using agency will select the proposal which they determine best meets the needs of the City and provide in writing the reasons for their selection.
D. 
Waivers.
(1) 
The City Council shall have the authority to waive the bidding and RFQ requirements of this chapter on all contractual services and professional services, except as herein provided, upon a determination by the Council that such waiver of bid or RFQ is in the best interests of the City of West Haven. A request for a waiver shall be made by the head of the department requesting such waiver on a form approved by the City Council stating the reason why such waiver is being requested. Said form shall be submitted to the Purchasing Agent who shall submit said request to the City Council. Upon approval of a majority of the members of the City Council the request for the waiver may be granted.
(2) 
The bidding requirements and waiver requirements of this chapter shall not be required for the following:
(a) 
Emergency purchases made pursuant to § 42-11 of this chapter provided the procedures set in § 42-11 are complied with and the reasons for such emergency purchase is submitted to the City Council;
(b) 
Purchases made pursuant to the cooperative purchasing provisions of § 42-14 of this chapter;
(c) 
Legal services hired by the Corporation Counsel or the Mayor of the City of West Haven; and
(d) 
Purchases that are required from a sole source provider.