[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 12-13-2002 by Ord. No. 112-02. Amendments noted where
applicable.]
A.
When bidding is required, it shall be in accordance
with the Town's current Purchasing Policy. The Town Council shall
cause to be published at least once in at least two newspapers, one
having general circulation in the Town, and the second having a regional
circulation, notice of the solicitation of bids for such provision
of goods and/or services. Such notice of the solicitation of bids
shall also be posted on the Town's website. All solicitations for
bids shall be made no less than 30 days prior to the deadline for
submitting such bids.
B.
All such contracts for which competitive bids are
sought shall be awarded to the lowest responsible and responsive bidder,
unless, however, in the opinion of a majority of the members of the
Town Council, the interests of the Town would better be served by
awarding the contract to another bidder. Such decision shall include
a public statement, recorded in the minutes of the Town Council, of
the reasons therefore.
[Amended 3-9-2012 by Ord. No. 160-11]
C.
Anything in this chapter to the contrary notwithstanding,
the Town Council reserves the right to reject any and all bids if
deemed in the best interests of the Town.
D.
A responsible bidder is one whose bid conforms in
all material respects to the requirements and criteria set forth in
the proposed contract specifications and plans.
E.
The Town Council shall determine that a bidder is
responsible before awarding such bidder any contract. Factors to be
considered in the determination of responsible bidder shall include:
F.
If two or more responsive and responsible bidders
bid an equal amount for the same contract and such amount is the lowest
bid, the Town Council may award the contract to either of them or
reject all bids and begin the process anew, at the discretion of the
Town Council.
G.
The solicitation of competitive bids shall not be
required in the following circumstances:
(1)
The aggregate amount of the contract involved is not
more than $10,000;
[Amended 3-9-2012 by Ord. No. 160-11]
(2)
The contract is for goods or services for which it
is, as determined by Town Council, impracticable to obtain competitive
bids;
(3)
The contract is for any service rendered by a university,
college or other educational institution;
(4)
The contract is for any service to be supplied by
the State of Delaware or any political subdivision thereof;
(5)
The Town Council determines that, due to an emergency
or special exigency, the time required for competitive bidding is
inadequate;
(6)
The contract is for motor vehicles, equipment of any
kind, tools, materials and other personal property which the State
of Delaware has purchased or has chosen for purchase pursuant to the
procedure provided by 29 Del.C.§ 6901 et seq. or the vendor
of such personalty has a contract with the Federal General Services
Administration and, as a result, has been placed on the G.S.A. Federal
Supply Schedule.
[Amended 3-9-2012 by Ord. No. 160-11[1]]
A.
The Town shall use a standard purchase order for all
purchases in excess of $250 and a standard contract for all expenditures
in excess of $10,000. The standard purchase order and standard contract
may be modified by approval of the Mayor and Council.
B.
All contracts
shall be in writing with appropriate specifications where applicable.
A standard contract shall be used in all cases. The Mayor, and in
the absence of the Mayor, the Town Manager, shall sign all contracts,
provided the Town Council has approved the expenditure and the award
of the contract. All contracts shall be reviewed by an attorney for
the Town of South Bethany.
