[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 11-14-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
First Selectman duties — See
Charter Section 602.
Expenditures and accounting — See
Charter Section 912.
[1]
Editor's Note: This ordinance also superseded
former Ch. A161, Purchasing, adopted 3-23-1992, as amended.
A.
Be it resolved by the Board of Selectmen of the Town of Simsbury
that in order to amplify Section 812 of the Town Charter and to provide
a systematic and uniform standard of purchasing policies, the Board
hereby adopts the following procedures which are incorporated into
this chapter.
B.
Purchasing objectives:
(1)
To procure materials, supplies, equipment, public improvements, and
services at the lowest cost while obtaining the highest quality products
and services possible.
(2)
To conduct purchasing without regard to political affiliation, race,
color, creed, sex, age, religion, national origin, marital status,
sexual orientation, genetic makeup, gender identity, military service
and veteran's status, disability, or any other protected class,
family relationship or business associations of vendors, contractors
or consultants.
A.
All proposed purchases shall be supported by a purchase order, signed
by the issuing department head and the Finance Director or his/her
agent. Oral approval may be given in emergencies but shall be followed
immediately by a written purchase order.
B.
Notwithstanding the provisions of this section, the Finance Director
may allow budgeted agencies to use purchasing cards for purchases
not exceeding $1,000, unless such agency receives written approval
from the Finance Director to exceed such amount. No budgeted agency,
or any official, employee or agent of a budgeted agency, shall incur
any obligation using such a card, except in accordance with procedures
established by the Finance Director.
Annual orders of items used on a volume basis which exceed,
in the aggregate, $10,000 shall follow the procedures outlined below.
Purchases in excess of $10,000 but less than $25,000 shall have
documented verbal or written quotes, whenever possible, from at least
two vendors.
A.
Purchases or contracts expected to exceed $25,000 shall require formal
sealed bids and the execution of a written contract between the qualified
bidder and the Town. Such sealed bids shall be opened in public at
the time and place designated in the specifications. The Town may
accept substitutes that meet the same criteria as outlined in the
specifications. Requests for formal sealed bids shall be issued by
the issuing department head, received by the date due and turned in
to the Finance Director.
B.
Purchases or contracts expected to exceed $25,000 shall be advertised
at least 10 days prior to the bid opening on a website such as but
not limited to the Connecticut Department of Administrative Services
website or the Town's official website as a means of a formal
"invitation to bid."
C.
An appropriate fee may be charged for a copy of plans and specifications,
said fee, or portion thereof, to be refunded upon return of the plans
and specifications within the designated period.
D.
Bid bonds will be evaluated as part of the bid process. The Department
Head, in conjunction with the Finance Director, will determine if
the inclusion of a bid bond is in the best interest of the Town.
The Finance Director, or his/her designee, or Town Manager,
or his/her designee, is authorized to award contracts.
A.
The Finance Director, or his/her designee, and/or Town Manager, or
his/her designee, is authorized to sign all purchase orders. The Town
Manager, or his/her designee, is authorized to sign all formal contracts
approved under the appropriate procedure as stipulated herein.
B.
Under an existing contract, any change order which increases the
contract amount shall be subject to prior budgetary approval by the
Finance Director and approved by the Town Manager, or his/her designee,
for any change in the scope of the project.
The board, person or agent having the authority to award may
reject any or all bids, part of all bids or all bids for any one or
more supplies or contractual services included in the proposed contract,
or waive defects in same when the public interest will be served best
thereby.
If any Simsbury-based vendor responds to a bid notice and comes
within 5% of the lowest bidder, all qualifications considered equal,
the local-based vendor will be allowed the opportunity to adjust their
bid to match that of the lowest bidder.
A.
Purchases made through or on the basis of regional, state, local
government or cooperative agency bids shall be exempted from any bidding
procedures.
B.
A purchase may be made or contract awarded for a supply, service
or construction item without a competitive bid when it is determined
that there is only one source for the required supply, service or
construction item.
C.
The bid procedures outlined herein can be waived at any time if it
is deemed to be in the best interest of the Town of Simsbury by the
Finance Director and the Town Manager. All waivers shall be reported
to the Board of Selectmen at the next regularly scheduled meeting
for review.
Contracts for professional services (legal, engineering, architectural,
etc.) in excess of $50,000 are required to go out for a request for
qualifications (RFQ). Services under $50,000 shall not be governed
by these regulations, but every effort shall be made to secure well-qualified
professionals at the best terms possible for the Town.
A.
In case of emergency, the Finance Director may, or in the best interest
of the Town, the Town Manager may, waive the procedures outlined herein.
B.
Emergency situations shall be those in which the operation of a department
would be seriously hampered; or in which life, limb or property may
be endangered; or in which the health or welfare of the general public
is seriously threatened; or a natural or man-made disaster has occurred.
These bidding and purchasing regulations shall become effective
as of November 14, 2018, and may be revised or amended from time to
time by formal action of the Board of Selectmen.
Separate procedures shall be established for Board of Education
transactions.
In the event of any conflict between these procedures and the
Charter of the Town of Simsbury or the Connecticut General Statutes,
these procedures shall be construed to conform to the Charter or statutes,
as the case may be.
The procedures outlined herein shall be reviewed, amended, and
adopted by the Board of Selectmen as needed. These procedures shall
remain in effect until amended.