[Adopted by the Town Council of the Town of Indian Head 2-6-1995 by Ord. No.
1-1-95.[1] Amendments noted where applicable.]
[Added 7-3-2017 by Ord.
No. 6-1-17]
A.
Policy. It shall be the policy of the Town to assure that purchases and contracts for services are made at the best possible cost consistent with the requirements of the Town and of the Town's environmental sustainability procurement policy in § 121-2.
B.
Town Manager. It shall be the duty of the Town Manager to administer the purchase of supplies, materials, equipment and contractual services required by the Town in accordance with the provisions of this section and of the Town's environmental sustainability procurement policy in § 121-2. The Town Manager shall assure compliance with the policies and requirements of this section before purchasing supplies, materials, equipment or contractual services for the Town. The following specific requirements shall apply.
[Added 7-3-2017 by Ord.
No. 6-1-17]
A.
General policy. Town employees shall procure materials, products
or services in a manner that integrates fiscal responsibility, social
equity, and community and environmental stewardship.
B.
Sustainability factors. Town employees shall incorporate the factors in Subsections C, D and E when writing specifications for or procuring materials, products, or services. While not all factors will be incorporated into every purchase, it is the intent of this section that Town employees make a good-faith effort to incorporate and balance these factors to the maximum extent possible.
C.
Environmental factors to be considered include, but are not limited
to, the life cycle assessment of:
E.
Fiscal factors to be considered include, but are not limited to:
F.
Use of best practices. Town employees shall utilize best practices
in sustainable procurement as they evolve. As it applies to this section,
"best practices" in sustainable procurement are those that utilize
leading-edge sustainability factors, standards, and procedures in
an efficient and effective way that is successful and replicable.
G.
Toxics in products and services. Town employees shall utilize the
framework of the precautionary principle as a guide when evaluating
the comparative toxicity of products and services.
H.
Product and service labels.
(1)
Use of social and environmental product or service labels. Town employees
should use independent, third-party, social and/or environmental (ECO)
product or service label standards when writing specifications for
or procuring materials, products, or services, so long as such labels:
(2)
In addition, whenever possible, label standards used in product or
service specifications should represent standards that take into account
multiple attributes and life-cycle considerations, with claims verified
by an independent third party.
I.
Town Code and state law. It is the intent of this section to complement
other provisions of the Town Code and state laws.
J.
Product and service standards. The Town manager shall be responsible
for:
(1)
Ensuring Town staff utilize product and service standards and best
practices that comply with this policy. Examples include, but are
not limited to, standards for minimum recycled content, energy efficiency,
and prohibited toxic ingredients.
(2)
Ensuring that when the need for developing a Town standard or best
practice in sustainable procurement arises, staff will participate
and collaborate with other applicable staff so as to harmonize and
continuously improve standards throughout the Town.
(3)
Encouraging pilot testing for environmentally preferable/sustainable
products.
(4)
Ensuring internal policies and procedures reference this policy and
incorporate the use of sustainable products and services that meet
the intent of this policy.
(5)
Providing resources for assisting departments with standards and
best practices in sustainable procurement.
K.
Education. The Town Manager shall be responsible for:
(1)
Building awareness of this policy through information dissemination
and incorporation into routine employee trainings.
(2)
Encouraging employee attendance at internal and external trainings
related to sustainability.
(3)
Encouraging the use of environmentally preferable/sustainable products
and services through information dissemination, development of internal
procedures, pilot testing, and leading by example.
(4)
Developing employee sustainable procurement resources, such as, but
not limited to, standards, specifications, tools, and best practices.
(5)
Developing buyer-specific training on sustainable procurement best
practices that meet the intent of this section.
(6)
Developing interoffice communication among staff about sustainable
procurement best practices.
(7)
Taking the lead in communicating to existing and potential contractors
and the public about this policy and related Town requirements.
L.
Data collection and performance reporting. The Town shall be responsible
for:
(1)
Cooperating in gathering information for the purposes of tracking,
reporting, and evaluating the Town's sustainable procurement
activities and evaluating the effectiveness of this section.
(2)
Integrating department-specific sustainable procurement goals into
Town's sustainability plans.
(3)
Incorporating a progress report on sustainable procurement activities
and the effectiveness of this section into the Town's annual
or biennial report.
M.
Resources. The Town shall commit to providing the appropriate dedicated
staff levels and related funding to support the implementation and
coordination of this policy. This includes activities such as, but
not limited to, employee training and resources, professional services,
product/service pilot tests, and educational materials.
N.
Policy review. The Town Manager shall be responsible for periodically
bringing together internal stakeholders to review the policies in
this section for updates or to otherwise determine whether these policies
are in alignment with other Town sustainability efforts and policies.
The policies review shall be completed at least every year but may
be done on a more frequent basis as needed.
It shall be the policy of the Town to assure that purchases
and contracts for services are made at the best possible cost consistent
with the requirements of the Town.
Purchases and contracts for services from vendors whose principal
place of business is located in the Town of Indian Head are considered
in the best interest of the Town, provided that cost, quality, specifications
and delivery time are not sacrificed. If purchases and contracts for
services cannot be secured from vendors whose principal place of business
is located in the Town of Indian Head, it then shall be considered
in the Town's best interest to purchase from or contract with a vendor
whose principal place of business is located in Charles County, provided
that cost, quality, specifications and delivery time are not sacrificed.
If purchases and contracts cannot be secured from vendors whose principal
place of business is located in the Town of Indian Head or Charles
County, the Town may purchase from or contract with any vendor without
regard to the location of the principal place of business of the vendor.
Notwithstanding the provisions of this chapter, the Town may
undertake programs involving joint or cooperative purchases with other
governmental jurisdictions, including the State of Maryland and Charles
County, and enter into joint pooling agreements with public entities
for the purpose of purchasing casualty, property, liability or health
insurance or self-insuring casualty, property, liability or health
insurance risks.
In the discretion of the Council, the Town may use its employees
for the construction, reconstruction or maintenance of public improvements.
A.
Emergencies.
If the Council determines that an emergency exists in the Town because
of a natural disaster, the breakdown of machinery or equipment which
threatens or terminates essential service to the public or any other
situation which reasonably creates an emergency, the Town Manager
may purchase supplies, materials, equipment and contractual services
without the necessity of compliance with the requirements of this
chapter for the purpose of dealing with the emergency.
B.
Sole source.
If the Council reasonably determines that there is only one source
available which can furnish particular supplies, materials, equipment
or contractual services, the Council may award a contract for the
provision of such supplies, materials, equipment or contractual services
on the basis of negotiation without the necessity of compliance with
this chapter.
It shall be the duty of the Town Manager to administer the purchase
of supplies, materials, equipment and contractual services required
by the Town in accordance with the provisions of this chapter. The
Town Manager shall assure compliance with the policies and requirements
of this chapter before purchasing supplies, materials, equipment or
contractual services for the Town. The following specific requirements
shall apply:
A.
Informal quotes. Where the estimated cost of particular supplies,
materials, equipment or contractual services, including professional
services other than legal services, will not exceed $7,500, the Town
Manager may proceed to purchase said particular supplies, materials,
equipment or contractual services on the basis of informal quotes
secured by the Town Manager.
B.
Written proposals. Where the estimated cost of particular supplies,
materials, equipment or contractual services is between $7,500 and
$15,000, the Town Manager will solicit requests for written proposals
and submit said written proposals to the Council for consideration,
along with the Town Manager's written recommendation concerning the
written proposals. The Council, after considering the written proposals
and the Town Manager's recommendation, may reject the written proposals
or approve the award of a contract if at least two written proposals
are received. If at least two written proposals are not received or
the Council rejects the written proposals, the Council may require
that the matter be submitted for competitive bids or proceed to award
a contract on the basis of negotiation.
C.
Competitive bids. Where the estimated cost of the particular supplies,
materials, equipment or contractual services exceeds $15,000, the
Town Manager will secure competitive bids and submit the bids to the
Council for consideration, along with the Town Manager's written recommendation
concerning the bids. The Council, after considering the bids and the
Town Manager's written recommendation, may reject the bids or approve
the award of a contract if at least one bid is received. If at least
one bid is not received or the Council rejects the bids, the Council
may proceed to award a contract on the basis of negotiation.
When the Town Manager purchases supplies, materials, equipment
or contractual services on the basis of informal quotes, the Town
Manager shall:
A.
Solicit informal quotes from a sufficient number of vendors who have
previously supplied similar supplies, materials, equipment or contractual
services to the Town so as to assure competitive pricing and make
a written record of the vendors from whom informal quotes are solicited.
B.
Make a written record of all informal quotes which are received.
C.
Submit a written report to the Council within 10 days of making a
purchase on the basis of informal quotes. The Town Manager's written
report shall include all relevant details of the purchase on the basis
of informal quotes.
When requests for written proposals are required pursuant to § 121-8B hereof, the Town Manager shall:
A.
Prepare a notice which details the supplies, materials, equipment
or contractual services for which the request for written proposals
is required and specifies the date and time by which the proposal
must be submitted.
B.
Prepare a proposal form and instructions to proposers.
C.
Advertise the notice one time in a newspaper of general circulation
which is published in Charles County.
D.
Submit, by mail or other reasonable method, copies of the notice,
proposal form and instructions to vendors who have previously supplied
similar supplies, materials, equipment or contractual services to
the Town and to other vendors who request copies of the documents.
E.
Prepare a written recommendation to the Council concerning the proposals
which are received.
A.
When competitive bids are required pursuant to § 121-8C hereof, the Town Manger shall:
(1)
Prepare a notice which requests sealed bids for the provision of
the supplies, materials, equipment or contractual services involved
and specifies the date and time by which bids are to be submitted
and the place where the bids are to be submitted.
(2)
Prepare or otherwise secure a set of detailed plans and specifications
for the project for which bids are being requested.
(3)
Prepare a bid proposal form and instructions to bidders. The instructions
to bidders shall specify that a bid may not be withdrawn after it
is opened and that bids are irrevocable for a period of 90 days after
being opened.
(4)
Advertise the notice two times in a newspaper of general circulation
which is published in Charles County.
(5)
Submit, by mail or other reasonable method, copies of the notice,
plans and specifications, bid proposal form and instructions to bidders
to vendors who have previously supplied similar supplies, materials,
equipment or contractual services to the Town and to others who request
copies of the documents. A reasonable fee, commensurate with the cost
of the plans and specifications, may be charged to bidders who are
furnished with copies of the documents.
(6)
Be present at the prescribed time and place to open and record all
bids which are submitted. Interested persons may attend the bid-opening
session and shall be entitled to receive a copy of the record of the
bids which are received.
(7)
Prepare a written report and recommendation to the Council concerning
the bids which are received.
B.
The Council's
decision on the award of a contract or the rejection of the bids shall
be transmitted to all bidders within a reasonable time thereafter.
Any required bid bonds shall be returned to unsuccessful bidders.
Where competitive bids are solicited, the Council may require
bid security, in the form of a certified check in a specified amount
or bond issued by a company licensed to do business as a surety in
Maryland. Bid security shall be for the purpose of assuring that a
bid shall be irrevocable for a period of 90 days and that a successful
bidder shall execute the required contract within the specified time.
In all cases where a contract is awarded for the provision of
supplies, materials, equipment or contractual services, the Council
may require that the contractor (vendor) furnish an acceptable performance
bond and/or labor and materials payment bond. A performance bond and
labor and materials payment bond shall be required for all construction
contracts in excess of $50,000.
The Council, in its discretion, shall have the authority to
enter into appropriate agreements for the provision of legal services
to the Town without the necessity of otherwise complying with the
requirements of this chapter.
A.
Notwithstanding the provisions of § 121-8 hereof, contracts for the provision of professional services to the Town, other than legal services, including but not limited to engineering, architectural, accounting, financial, computer and auditing, the cost of which the Town reasonably determines will exceed $7,500, shall be made on the basis of requests for written proposals. When the Council desires to contract for professional services, other than legal services, the Town Manager shall:
(1)
Prepare a notice which details the professional services for which
the request for written proposals is required and specifies the date
and time by which the proposal must be submitted.
(2)
Prepare a proposal form and instructions to proposers. The instructions
to proposers shall require that the proposal include a statement of
qualifications and performance data and furnish evidence that the
proposer is licensed and/or authorized to do business in the State
of Maryland.
(3)
Advertise the notice one time in a newspaper of general circulation
which is published in Charles County.
(4)
Submit, by mail or other reasonable method, copies of the notice,
proposal form and instructions to vendors who have previously supplied
similar professional services to the Town and to other vendors who
request copies of the documents.
(5)
Prepare and submit to the Council a written evaluation and recommendation
concerning the proposals which are received. The evaluation and recommendation
shall consider the following factors:
(a)
Proposer's experience as it relates to the particular services
for which the proposal is requested.
(b)
Proposer's personnel and in-house capability with specific reference
to ability to perform the tasks associated with the requested services.
(c)
References, past record of performance on completed projects
and financial accountability.
(d)
Cost considerations.
B.
The Council, after reviewing the written proposals and the evaluation
and recommendation of the Town Manager, may reject the proposals or
award a contract and direct the Town Manager to enter into an appropriate
agreement with the successful proposer.
C.
The Town Manager shall give written notification to all proposers
of the Council's decision.
