[HISTORY: Adopted by the Town Council of the Town of Wallingford 10-27-2009 by Ord. No.
564.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 43,
Purchasing, adopted 12-12-2006 by Ord. No. 542.
The Department of Finance shall include a Purchasing Department
headed by a purchasing agent as provided in the Town Charter.
A.
Word
usage. 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.
COMMODITY
CONTRACTUAL SERVICES
EMERGENCY PURCHASE
SUPPLIES
USING AGENCY
Definitions.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
An item or like kind items of trade or commerce, including
goods, wares and merchandise of any kind.
All services that result in a measurable end product as defined
by bid specifications, including but not limited to all services used
in the process of building, altering, maintaining, improving or demolishing
any Town-owned property, structure, building or public infrastructure,
but excluding architectural, engineering and other design services,
construction services and other professional/special services which
are treated separately in this chapter. Examples of contractual services
include, but are not limited to, electrical work, road resurfacing,
sewer repair, building demolition, equipment maintenance, waste disposal
services and cleaning services.
Purchase of supplies and/or services to address life, health
and/or safety-needs of citizens when time is of the essence.
Includes all supplies, materials and equipment.
Any department, agency, commission, bureau or other unit
in the Town government using supplies or procuring contractual services
as provided for in this chapter.
A.
Purchase or contract. The Purchasing Agent shall have the exclusive
authority, and it shall be his duty, to purchase or contract for all
supplies, materials, equipment, other commodities, contractual services
and professional/special services required by any department, office,
agency, board or commission of the Town government, except that he
shall not purchase books, equipment and materials for instructional
purposes for the use of the Department of Education unless specifically
requested to do so by said Department, pursuant to the rules and regulations
as established by this chapter, and such other rules and regulations
as shall be prescribed by the Mayor and the Town Council.
B.
Unauthorized purchases. Except as herein provided, it shall be unlawful
for any Town officer or employee to order the purchase of any supplies
or make any contract within the purview of this chapter other than
through the Purchasing Department as provided herein, and any purchase
ordered or contract made contrary to the provisions hereof shall not
be approved by the Comptroller, and the Town shall not be bound thereby,
as prescribed in Section 7 of Chapter XV of the Charter.
In addition to the purchasing authority conferred herein, the
Purchasing Agent shall:
A.
Minimum expenditures: act to procure for the Town the highest quality
in supplies and contractual services at the least expense to the Town.
B.
Encourage competition: discourage uniform bidding and endeavor to
obtain as full and open competition as possible on all purchases and
sales.
C.
Purchasing analysis: keep informed of current developments in the
field of purchasing, prices, market conditions and new products, and
secure for the Town the benefits of research done in the field of
purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition and by private
businesses and organizations.
D.
Forms: prescribe and maintain such forms as he shall find reasonably
necessary to the operation of this chapter.
E.
Standard nomenclature: prepare and adopt a standard purchasing nomenclature
for using agencies and suppliers.
F.
Bulk purchases: exploit the possibilities of buying in bulk so as
to take full advantage of discounts.
G.
Federal and state tax exemptions: act so as to procure for the Town
all federal and state tax exemptions to which it is entitled.
H.
Disqualification of bidders: have the authority to declare vendors
who default on their bids irresponsible bidders and to disqualify
them from receiving any business from the municipality for a stated
period of time.
The Purchasing Agent may establish, with the approval of the Mayor and after consultation with the heads of the departments concerned, and enforce standard specifications for all supplies, materials and equipment required by the several departments, offices and agencies of the Town, except as to the purchases and expenditures exempted by § 43-3A.
A.
Capacity
of Agent. The Purchasing Agent shall enforce the written specifications
as may be adopted by this section of this chapter.
B.
Consultation
with using agencies. The Purchasing Agent shall consult with the heads
and other officials of the using agencies to determine their precise
requirements and shall endeavor to prescribe those standards which
meet the needs of the majority of such agencies.
C.
Nature of specifications. All specifications shall be definite and
certain and shall permit competition; exception: provided, however,
that the provisions of this subsection shall not apply to proprietary
goods or services as determined by the Purchasing Agent.
A.
The
Purchasing Agent may prescribe the time of making requisitions for
such supplies, materials and equipment and the future period which
said requisitions are to cover. All using agencies, either by or with
the authorization of the head of the department under which the using
agency operates, shall file requisitions in such manner, at such times
and for such future periods as the Purchasing Agent shall prescribe.
No purchases may be made without an authorized requisition.
B.
Revisory
power in Agent. The Purchasing Agent shall examine such requisition
or estimate and shall have the authority to revise as to quantity,
quality or estimated cost, but revision as to quality shall be in
accordance with the standards and specifications established pursuant
to this chapter.
Except in cases of emergency, the Purchasing Agent shall not
issue any order for delivery on a contract or open-market purchase
until the Comptroller or another official designated by the Comptroller
shall have certified that there is a sufficient unencumbered appropriation
balance to pay the amount of such order.
A.
Any
purchase order or contract within the purview of this chapter in which
the Purchasing Agent or any officer or employee of the Town is financially
interested, directly or indirectly, shall be void, except that, before
the execution of a purchase order or contract, the Council shall have
the authority to waive compliance with this section when it finds
such action to be in the best interest of the Town.
B.
Noncollusive
bid statement. All public bids shall include a noncollusive statement
as follows:
(1)
The bid has been arrived at by the bidder independently and has been
submitted without collusion with and without any agreement, understanding
or planned common course of action with any other vendor of materials,
supplies, equipment or services described in the invitation to bid,
designed to limit independent bidding or competition; and
(2)
The contents of the bid have not been communicated by the bidder
or its employees or agents to any person not an employee or agent
of the bidder or its surety on any bond furnished with the bid and
will not be communicated to any such person prior to the official
opening of the bid.
C.
Gifts and rebates. The Purchasing Agent and every officer and employee
of the Town are expressly prohibited from accepting, directly or indirectly,
from any person, company, firm or corporation to which any purchase
order or contract is or might be awarded any rebate, gift, money or
anything of value whatsoever, except where given for the use and benefit
of the Town.
A.
The Purchasing Agent shall ensure that the competitive process for
the purchase of goods and services is fair and competitive, and that
no vendor is advantaged or disadvantaged by reason of favoritism,
special accommodation, or disparate treatment.
B.
If the Purchasing Agent intends to competitively award a contract
for services which are being continued, or which are similar to services
awarded under a previous contract, the Purchasing Agent shall provide,
in the solicitation to prospective vendors, a specific reference to
the previous contract and specifications and shall advise that the
previous specifications and contract are available to vendors for
inspection or copying. Further, the Purchasing Agent shall provide
in the solicitation a list, or description, of the public documents
generated as a result of said prior agreement, which documents may
reasonably be expected to have any commercial value to a prospective
vendor. The solicitation shall advise the vendors that such records
are available for inspection or copying by contacting the Purchasing
Department.
C.
The Purchasing Agent shall provide to any prospective vendor any
public record or document pertaining to such contract for previously
provided goods or services, within 10 days of such vendor's request.
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
wherever possible on a competitive selection process in accordance
with this chapter.
A.
Purchases by competitive bid.
(1)
Bids for clearly specified goods and services shall be used for the
purchase of the following:
(a)
Goods: any and all articles, whether purchased or leased, furnished
to or used by any department. Examples include, but are not limited
to, supplies, equipment, materials, fuel oil, telecommunication equipment,
furniture, hardware, etc. (Lease of goods is subject to Town Council
approval.)
(b)
Contractual services: all services that result in a measurable
end product as defined by bid specifications, including but not limited
to all services used in the process of building, altering, maintaining,
improving or demolishing any Town-owned property, structure, building
or public infrastructure, but excluding architectural, engineering
and other design services, construction services and other professional/special
services as defined in this chapter. Examples of contractual services
include, but are not limited to, electrical work, road resurfacing,
sewer repair, building demolition, equipment maintenance, waste disposal
services and cleaning services.
(c)
Commodity: an item or like kind of items of trade or commerce,
including goods, wares and merchandise of any kind.
(d)
Insurance: property casualty, errors and omissions, employee
life insurance, public officials, general/commercial liability and
similar insurances.
(e)
Leases of real property: subject to Town Council approval. The
Town Council may also approve the use of the RFP process for leases
of real property.
B.
Purchase by request for proposal.
(1)
Requests for proposal may be used to purchase customized or highly
specialized goods, or special or professional services that cannot
be clearly specified and/or are highly technical, including, but not
limited to: consulting, professional, legal, financial, personal and
technical services. Examples include, but are not limited to, architects,
auditors, attorneys, physicians, real estate appraisers, brokers,
actuaries, engineers, computer programmers, professional construction
managers, and systems designers.
(2)
The Purchasing Agent shall award the proposal to the vendor who will
provide the best value to the Town. The principal consideration shall
be the vendor's superior experience and competence and its ability
to provide the highest level of service at a reasonable price.
(3)
Special services shall also include employee health insurance and/or
third-party administrator of self-insured plan. Such services shall
be the subject of a request for proposal at a time determined by the
Personnel Director but not later than every five years. An award is
subject to compliance with relevant law and collective bargaining
agreements.
(4)
A Department seeking to use the request for proposal process shall
notify the Town Council, by letter, prior to putting out the bid.
The request for proposal process shall be deemed to be approved by
the Town Council unless it votes to object within 30 days of receipt
of the notice.
C.
Purchase of services by professional two-part bid.
(1)
If the Purchasing Agent determines that qualifications and price
should be given equal consideration, it shall use a two-part submission
process.
(2)
The two-part bid requires the submittal of Part A and Part B by the
bidders in separate envelopes. Part A shall include, as specified
in the bid documents, the bidder qualifications and proposal for the
scope of services. Part B shall include, as specified in the bid documents,
the bidder's proposed price. Part B shall remain unopened until the
bidders have been evaluated and ranked based upon the Part A submittal.
After scoring and ranking the proposals, Part B shall be opened and
ranked. The two scores shall be combined and the award shall be made
to the bidder with the highest score.
D.
Purchase of services by qualifications-based selection as prequalification.
(1)
The qualification-based selection procedure may be used only with
prior approval by the Purchasing Agent and the Town Council.
(2)
A request for qualifications may be utilized in the prequalification
of proposers in the purchase of special or professional services,
or bidders in a competitive bidding process, where it is determined
by the Purchasing Department that such services are unique or that
the nature of the project requires selection criteria primarily influenced
by the past experience of a proposer in similar or related projects.
Once bidders have been qualified, a request for proposal or request
for bids will be issued.
(3)
When a Department wishes to use the qualifications-based selection
process to prequalify bidders, it shall submit a written request to
the Purchasing Agent with the rationale for using this process.
(4)
With the approval of the Town Council, the qualifications-based selection
process may be used without the secondary RFP process. If used, a
proposal will be accepted based upon qualifications and negotiations
regarding price will occur subsequent to the selection.
E.
Qualifications-based selection process with a request for proposal
for school construction projects: architects and construction managers.
Definition: "Qualifications-based selection" means a method for purchasing
architectural and construction managers services by initially pre-qualifying
bidders prior to obtaining a price proposal in accordance with Public
Act 08-169, § 17[1]. Such process initially requires the submission of professional
qualifications, demonstrated business experience, specific project
experience, evidence of business integrity, and professional competence.
QBS process is used for prequalification of a pool of not more than
four most responsible qualified proposers. Following the prequalification
process, the proposals shall be evaluated and awarded in accordance
with the state statute.
[1]
Editor's Note: See C.G.S. § 10-287.
A.
Purchases shall be made under such rules and regulations established
by this chapter by the Council, provided that, if any purchase or
contract for purchasing, including a continuing order or contract
for the purchase of the same commodity or service over a period of
time, involves the expenditure of $16,000 or more, the Purchasing
Agent, unless it shall be determined by the Town Council to be against
the best interests of the Town, shall invite sealed bids or proposals,
giving sufficient publication to the trade and/or profession and 10
days' public notice thereof by publication at least once in a newspaper
having a circulation in the Town, and shall let the purchase or contract
to the lowest responsible bidder thereon or may reject any or all
such bids or proposals. All such sealed bids or proposals shall be
opened publicly.
[Amended 2-28-2012 by Ord. No. 574; 9-8-2020 by Ord. No. 636]
B.
Scope of notice. The newspaper notice required herein shall include
a general description of the supplies or contractual services required
and shall state where bid specifications may be obtained and the deadline
to submit bids.
C.
Bidders' list. The Purchasing Agent shall also solicit sealed bids
from all responsible prospective suppliers who have requested their
names to be added to a bidders' list, which the Agent shall maintain,
by sending them notice of the proposed purchase or sale. In any case,
invitations sent to the vendors on the bidders' list shall be limited
to commodities that are similar in character and ordinarily handled
by the trade group to which the invitations are sent.
D.
Bulletin board. The Purchasing Agent shall also advertise all pending
purchases or sales by a notice posted on the public bulletin board
in the Town Hall.
E.
Bid deposits. A bid deposit shall be required in any construction
contract estimated to cost more than $25,000. In all other cases,
when deemed necessary by the Purchasing Agent, bid deposits shall
be prescribed in the public notices inviting bids. Bid deposits may
be provided by a bid bond, certified check or legal tender. A successful
bidder shall forfeit any surety required by the Agent upon failure
on his part to enter a contract within the time specified in the bid.
F.
Bid-opening procedure.
(1)
Sealed. Bids shall be submitted sealed to the Purchasing Agent and
shall be identified by bid number on the envelope.
(2)
Opening. Bids shall be opened in public at the time and place stated
in the public notice.
(3)
Tabulation. A tabulation of all bids received shall be posted for
public inspection.
G.
Rejection of bids.
(1)
The Purchasing Agent shall have the authority to reject all bids
or parts of all bids when the public interest will be served thereby.
(2)
Bidders in default to the Town. The Purchasing Agent shall not accept
the bid of a bidder who is in default on the payment of taxes, licenses
or other monies to the Town; except that if the amount of the contract
exceeds the monies due the Town, the Purchasing Agent may accept such
a bid on condition that such bidder agrees that all monies due under
the contract shall be retained by the Town and credited against the
monies owed to the Town by the contractor until the same are paid
in full, provided two or more bids were received.
H.
Award of contract.
(1)
Authority of Agent. The Purchasing Agent shall have the authority
to award contracts within the purview of this chapter.
(2)
Lowest responsive and responsible bidder. Contracts shall be awarded
to the lowest responsive and responsible bidder. In determining the
lowest responsive and responsible bidder, in addition to price, the
Purchasing Agent shall consider:
(a)
The ability, capacity and skill of the bidder to perform the
contract or provide the services required in relation to the standards
and specifications as 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 for services.
(e)
The previous and existing compliance by the bidder with the
laws and ordinances relating to the contract or service.
(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 number and scope of conditions attached to the bid.
(i)
The conformance of the bidder to the requirements stated in
the bid, i.e., references provided, submittals or samples included,
bid bond provided, bid signed, bid submitted on time, etc.
(j)
No award shall be made to an employee of the Town of Wallingford,
acting for himself/herself or as an owner, agent and/or employee of
a business, for work and/or services which fall within the employee’s
general occupational duties performed for the Town of Wallingford.
No award shall be made to an employee, acting for himself/herself
or as an owner, agent and/or employee of a business, for any work
or service which is to be performed for the department or agency of
the Town of Wallingford for which the employee works.
[Added 4-24-2012 by Ord. No. 578]
I.
Award to other than low bidder.
(1)
Whenever there is a desire to award the bid to other than the lowest
bidder meeting the stated specifications or better, the Purchasing
Agent shall submit the entire file concerning such matter to the Council,
together with his recommendations and a report from the interested
department head.
(2)
The Council may direct the Purchasing Agent to award the contract
to other than the lowest bidder.
(3)
The Council minutes shall specify the reasons for awarding the bid
to other than the lowest bidder.
J.
Tie bids.
(1)
Local vendors. If all bids are received for the same total amount
or unit price, quality and service being equal, the contract shall
be awarded to a local bidder.
K.
Performance bonds. A full, complete and total performance bond and
a labor-and-material bond shall be required in any construction contract
in excess of $25,000. In all other matters, the Purchasing Agent shall
have the authority to require a performance bond, before entering
a contract, in such amount as he shall find reasonably necessary to
protect the best interests of the Town. Such performance bond, if
required, must be provided by the contractor, at his own expense,
to the Town of Wallingford and written by a company authorized to
write business in the State of Connecticut.
L.
Prohibition against subdivision. No contract or purchase shall be
subdivided to avoid the requirements of this chapter.
A.
All purchases and supplies and contractual services of less than the estimated value of $16,000 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by § 43-11 for the award of formal contracts.
[Amended 2-28-2012 by Ord. No. 574; 9-8-2020 by Ord. No. 636]
B.
Minimum number of quotes. All open-market purchases over $750 shall,
wherever possible, be based on at least three competitive quotes and
shall be awarded to the lowest responsive and responsible quoter.
Whenever possible, reasonable efforts shall be made to obtain such
quotes from vendors located in Wallingford.
[Amended 2-28-2012 by Ord. No. 574; 9-8-2020 by Ord. No. 636]
D.
Recording. The Agent or the using agency 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 Town 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 $50 each made by the heads of using agencies for
incidentals, with the approval of the Agent.
B.
Accounting. Periodically, the Agent shall render to the Comptroller
a statement showing the actual expenditures for each using agency
so made out of such Petty Expenditures Revolving Fund, and the Comptroller
shall reimburse said revolving fund for such expenditures in the same
manner as other expenditures of such using agencies are paid.
C.
Rules and regulations. The Agent shall promulgate rules and regulations
for use of the Petty Expenditures Revolving Fund.
A.
The Purchasing Agent, with the approval of the Mayor, shall transfer
to or between departments, offices and agencies, or sell supplies,
materials and equipment, determined, after consultation with the head
of the department, office or agency concerned, to be surplus, obsolete
or unused.
B.
Reporting. 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 which are no longer used or which have become obsolete,
worn out or scrapped.
C.
Transfer. The Agent shall have the authority, with the approval of
the Comptroller and of the Mayor, to transfer surplus stock to other
using agencies.
D.
Sale. The Agent shall have the authority, with the approval of the
Comptroller and the Mayor, to sell all supplies which have become
unsuitable for public use or to exchange the same for or trade in
the same on new supplies.
E.
Methods of sales. Sales under this section shall be made by one or
more of the following methods:
(2)
By predetermined price tags, but only for items with a fair market
value of less than $200.
(3)
By public auction by the Agent or an authorized third party. Sales
by predetermined pricing or by public auction shall be advertised
in a newspaper having a circulation in the Town at least 10 days prior
to the sale.
F.
Disposal. The Purchasing Agent shall have the authority, with the
approval of the Comptroller and the Mayor, to dispose of all unsaleable
or unsold supplies, material and equipment.
A.
In the event of an emergency requiring the expenditure in amounts
of less than $16,000, and the funds are available for expenditure,
the Purchasing Agent may purchase through the open market procedure
the supplies or services needed or authorize the head of any agency
or department to purchase directly the supplies or services which
are needed. The Purchasing Agent shall use his/her best judgment to
most effectively acquire the supplies and/or services.
[Amended 9-8-2020 by Ord. No. 636]
B.
In the event of an emergency requiring the expenditure of $16,000
or more and the funds are available for expenditure, the Mayor may
authorize the Purchasing Agent and the requesting agency or department
to purchase directly the supplies and/or services necessary to address
the emergency.
[Amended 9-8-2020 by Ord. No. 636]
C.
Recorded explanation. The department head shall send to the Purchasing
Agent a requisition and a full written report of the circumstances
of the emergency. The Purchasing Agent shall file the report with
the Comptroller and Mayor for forwarding to the Town Council.
Contracts obtained by competitive selection by the State of
Connecticut, the federal government or a cooperative association of
municipalities may be utilized by the Purchasing Agent when the best
interests of the Town would be served thereby.
