Town of Elkton, VA
Rockingham County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Elkton 6-19-1980 as Secs. 2-5-11 through 2-5-12 of the 1980 Code. Amendments noted where applicable.]

§ 31-1 Signed purchasing order required.

[Amended 2-20-2006]
No purchases for or on behalf of the Town shall be made unless an order is drawn upon a purchasing form, in duplicate, with one copy given to the Town Treasurer. The Treasurer shall not pay any bill unless he or she has one of the copies of the purchasing order properly signed by the department head and approved for final payment by the Town Manager or his/her designated representative.

§ 31-2 Purchases through Town or from Town's stock.

No electrical supplies or any other supplies or any tools may be purchased through the Town or from the Town's stock by any person.

§ 31-3 Virginia Procurement Act. [1]

[Added 12-15-2008]
The Town of Elkton hereby adopts the policies and procedures, mutatis mutandis, of the Virginia Procurement Act, § 2.2-4300 through § 2.2-4377 of the Code of Virginia (1950), and amendments thereto.
[1]
Editor’s Note: Former § 31-3, Virginia Procurement Act (§  2.2-4300 through § 2.2-4377), added 2-20-2006, was repealed 7-25-2007.

§ 31-4 Spending limits/procedures.

[Added 2-20-2006]
Department heads may authorize expenditures within the department's budget, provided such expenditures do not exceed $5,000. The Council must approve expenditures over $5,000 unless there is an emergency associated with the Town's services to its residents. In the event os such an emergency, the Chair of the appropriate council committee may approve such expenditures, and the Council shall be notified of such emergency at its next scheduled meeting. The Council must approve any further needed expenditures associated with the emergency.

§ 31-5 Exceptions to requirement for competitive procurement.

[Added 12-15-2008]
A. 
The Town may enter into contracts without competition for the purchase of goods or services which are performed or produced by bona fide nonprofit organizations.
B. 
The Town may enter into contracts for legal services, expert witnesses, and other services associated with litigation or regulatory proceedings without competitive sealed bidding or competitive negotiation.
C. 
The Town may enter into contracts for special police work without competitive sealed bidding or competitive negotiation.
D. 
The Town may award single or term contracts for goods and services other than professional services if the aggregate or the sum of all phases is not expected to exceed $100,000, or not expected to exceed $60,000 for professional services, without competitive sealed bids or competitive negotiation under the procedures detailed in § 31-6B below. "Professional services" shall mean work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering.
[Amended 12-16-2013]
E. 
The Town may award contacts for published books, maps, periodicals and audio visual material related to training under $30,000 without competitive sealed bidding or competitive negotiation.
[Amended 12-16-2013]
F. 
The Town may enter into contracts for purchases of library books and legal publications without competitive sealed bidding or competitive negotiation.
G. 
In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The Town shall issue a written notice stating that the contract is being awarded on an emergency basis, and identify that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services' central electronic procurement website or other appropriate website for 10 days. Emergency purchases must be approved by the Town Manager or his designee.
[Amended 12-16-2013]
H. 
The Town may enter into contracts with state public bodies without competitive sealed bidding or competitive negotiation.
[Added 12-16-2013]
I. 
The Town may purchase goods or services that are produced or performed by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired or employment services organizations that offer transitional or supported employment services serving individuals with disabilities, without competitive sealed bidding or competitive negotiation.
[Added 12-16-2013]

§ 31-6 Sole-source procurement; small purchases.

[Added 12-15-2008; amended 12-16-2013]
A. 
Sole source. Upon a determination, in writing, that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The Town shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services' central electronic procurement website or other appropriate website for 10 days. Sole-source purchases must be approved by the Town Manager or his designee.
B. 
Small purchases. Under § 31-5D of the Town Code and Virginia Code § 2.2-4303(G), certain single or term contracts for goods and services other than professional services if the aggregate or the sum of all phases is not expected to exceed $100,000, or not expected to exceed $60,000 for professional services, can be let without competitive sealed bids or competitive negotiation. Professional services shall mean work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. Whenever reasonably possible, potential suppliers of the goods or services must be identified; either verbal or written proposals received; and purchases made from the entity offering the lowest price, unless there is a valid reason to do otherwise. The procedure to be followed, which is based on the estimated cost, is detailed below:
Estimated Cost
General Procedure
$1,000 or less
Delegated to the departmental level. No competition is required. This level may be purchased by the use of the Town's credit card or by a purchase order.
$1,000.01 to $5,000
Requires at least 3 attempted telephone, catalog or electronic or written quotes to be obtained by the department. Quotes should be forwarded to the Town Manager's office along with a request for a purchase order.
$5,000.01 to $30,000
Requires at least 3 attempted electronic or written quotes to be obtained by the department. Quotes should be forwarded to the Town Manager's office along with a request for a purchase order. The Mayor's and Town Manager's signatures are required.
$30,000.01 to $100,000: other than professional services and $30,000.01 to $60,000: professional services
Requires at least 4 attempted written quotations. The Town Manager's office will issue the quotes based upon the requisition submitted to our office. Please forward specifications/descriptions with your request. Mayor and Town Manager signatures required.
$60,000.01 and over for professional services
Requires a formal invitation for bid or request for proposal. The Town Manager's office will issue a formal request and advertise in the local newspapers. Requisitions, including all specifications or scope of work, should be sent to the Town Manager's office. Estimated preparation time is 10 to 15 days. The Mayor's and Town Manager's signatures are required.
$100,000.01 and over for other than professional services
Requires a formal invitation for bid or request for proposal. The Town Manager's office will issue a formal request and advertise in the local newspapers. Requisitions, including all specifications or your scope of work, should be sent to the Town Manager's office. Estimated preparation time is 10 to 15 days. All bids and RFPs must remain "on the street" for a minimum of 10 days as required by law. A good rule of thumb is to allow bids and RFPs a timeframe of 3 weeks "on the street." The Mayor's and Town Manager's signatures are required.