Bradbury Municipal Code Art. II Purchases of Equipment, Supplies and Services by the City

Purchases shall be awarded on the basis of the bids which are most advantageous to the City. In most instances, the purchase will be awarded to the lowest responsible bidder. In determining whether a bid is most advantageous to the City, the Purchasing Officer or City Council may consider, in addition to price, the following factors:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the service required;

(2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;

(4) The quality of performance of previous contracts or services;

(5) The previous compliance by the bidder with laws and ordinances;

(6) The existing compliance by the bidder with laws and ordinances;

(7) The quality, availability and adaptability of the supplies or contractual services to the particular use required;

(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and

(9) The number and scope of conditions attached to the bid.

(Prior Code, § 2704)

(a) The purchase shall be awarded to the lowest responsible bidder in all instances where the lowest bidder also meets all of the criteria set forth in Section 2.07.200.

(b) In cases where the Purchasing Officer makes the purchase and, in the opinion of the Purchasing Officer, the most advantageous bid is not the lowest bid, the Purchasing Officer shall prepare and place on file with the City a written statement of the Purchasing Officer's finding and the reasons therefor, and shall make specific reference to the criteria the lowest bidder has failed to satisfy. Such statements shall be open to public inspection at all times during regular office hours.

(Prior Code, § 2705)

Brand names or equal specifications may be used when the Purchasing Officer determines that:

(1) No other design or performance specification or qualified products list is available;

(2) Time does not permit the preparation of another form of purchase description, not including a brand name specification;

(3) The nature of the product or the nature of the City's requirements makes use of a brand name or equal specification suitable for the procurement; or

(4) Use of a brand name or equal specification is in the City's best interests.

(Prior Code, § 2706)

No award for supplies or services or the disposal of personal property where the total expenditure or value is $500.00 or more shall be deemed an acceptance of any offer or bid unless and until the same is reduced to writing and signed by the Purchasing Officer and dispatched to the vendor or purchaser.

(Prior Code, § 2707)

Where the amount, or value, is less than $2,500.00, the purchase or disposal may be made by the Purchasing Officer without written bid and by informal price checking through telephone or mail inquiry, comparison or prices on file or otherwise. When informal bid procedure is used, at least three vendors or service providers shall be contacted, unless the Purchasing Officer determines that less than three vendors are reasonably available to provide goods or services to be purchased.

(Prior Code, § 2708)

Where the amount, or value involved, is at least $2,500.00, but less than $7,500.00, the purchase, or disposal, shall be made by the Purchasing Officer through written bid solicitation which may be disseminated by mail, telephone, fax, or any other means chosen by the Purchasing Officer.

(Prior Code, § 2709)

Where the amount, or value involved, is over $7,500.00, the purchase, or disposal, shall be made by the City Council through competitive bid, upon notice as hereafter required by this chapter. The City Council may elect to make any purchase in any amount and waive the requirements of notice and competitive bids (except as the laws of the State otherwise require) in the following cases:

(1) By affirmative vote of three City Councilmembers upon a determination that notice and competitive bids would not be likely to result in a lower price to the City from a responsible bidder, or would cause unnecessary expense or delay under the circumstances;

(2) By majority vote of City Councilmembers present at a City Council meeting determining that a purchase may be made through a governmental entity, as provided in this chapter, and that notice and competitive bids would not be likely to result in a lower price to the City from a responsible bidder, or would cause unnecessary expense or delay under the circumstances;

(3) By majority vote of those present at a City Council meeting upon a determination that the immediate preservation of the public peace, health or safety requires said purchase be made without competitive bids upon notice;

(4) By majority vote of those present at a City Council meeting upon a determination that there is only one source for the required supply or service based on a review of available sources by the Purchasing Officer and written recommendation therefor.

(Prior Code, § 2710)

(a) In an emergency requiring the immediate preservation of the public peace, health and safety, and precluding action by the City Council, the Purchasing Officer may purchase supplies or services, even though the amount thereof may exceed $2,500.00, without competitive bids upon notice.

(b) Within 15 days of the emergency purchase, at a meeting of the City Council, the Purchasing Officer shall submit to the City Council a written statement of the circumstances of such emergency, a description of the supplies or services purchased, and the prices thereof.

(Prior Code, § 2711)

Where the Purchasing Officer, City Manager or City Council are required to make purchases upon competitive bids, the Purchasing Officer, City Manager or City Council may waive any informalities or minor irregularities, or may reject any and all bids if the Purchasing Officer, City Manager or City Council deems such rejection to be in the best interest of the City. Said rejection shall be at the sole discretion of the Purchasing Officer, City Manager or City Council, as the case may be and upon rejection of bids may:

(1) Give subsequent notice for new competitive bids; or

(2) Postpone said purchase or disposal to a future date or indefinitely.

(Prior Code, § 2712)

Purchase may be made on behalf of the City through any governmental entity (including, but not limited to, the State or the County) pursuant to authority granted by any statute or ordinance or pursuant to contractual arrangement between the City and said governmental entity. The City is hereby authorized and empowered to enter into contracts with other governmental entities providing for purchase to be made on behalf of the City.

(Prior Code, § 2713)

(a) Where notice of competitive bidding is required, notice shall be given by:

(1) Posting the notice in the same manner as all other notices of the City are posted.

(2) Publishing the notice in a newspaper of general circulation within the City on at least one occasion at least ten days prior to the date set for the final receipt of bids. If the publication schedule of all newspapers of general circulation in the City are such that notice by publication cannot be given in time, or if there is no newspaper of general circulation in the City on the date of the notice, then the Purchasing Officer may select any newspaper of general circulation in the County for the publication.

(b) The notice shall give such information as to the proposed purchase, or disposal, as the Purchasing Officer deems sufficient, but shall include the following:

(1) A general description of the equipment, supplies or services to be purchased or personal property to be disposed;

(2) The date, time and place of bid opening;

(3) Whether bid deposit or bond and faithful performance bond will be required; and

(4) Any other terms and conditions required of the vendor or the items to be procured.

(Prior Code, § 2714)

Where competitive bids are required, they shall be submitted in writing in a sealed envelope to the Office of the City Clerk no later than the final time and date for receipt of bids as set forth in the notice of publication. Where competitive bids are required, the purchase, or disposal, shall be made on the basis of three or more of said bids, unless the City Clerk shall certify in writing that less than three prospective vendors, or purchasers, have submitted bids or that, to the best of the City Clerk's knowledge, there are less than three prospective vendors from whom the supplies or services are available and that bids were invited from said vendors. Any bid may be withdrawn by a written request signed by the bidder and received by the City Clerk prior to the final time and date for the receipt of bids.

(1) Opening. Bids shall be opened in public at the time and place stated in the public notices.

(2) Tabulation. A tabulation of all bids received shall be posted for public inspection.

(Prior Code, § 2715)

When deemed necessary by the Purchasing Officer, City Manager or City Council, any bidder may be required to submit a bid deposit, faithful performance deposit, or a time and materials deposit. A bond may be substituted for any such purpose for which a deposit is required. The amount of the deposit or bond is determined by the Purchasing Officer, City Manager or City Council, who shall also be the sole judge of whether or not the surety is sufficient. A successful bidder (and the bidder's surety, if a bond is furnished) shall be liable for any damages upon said bidder's failure to enter into a contract with the City, or upon said bidder's failure to perform the bid.

(Prior Code, § 2716)

(a) The Purchasing Officer shall be empowered to utilize the request for sealed proposal method (RFP) for purchase of equipment, supplies or services upon the following conditions:

(1) With City Council approval, if the amount or value involved is more than $7,500.00; or

(2) Without City Council approval, if the amount or value involved is less than $7,500.00.

(b) In either situation described in Subsection (a)(1) or (2) of this section, the Purchasing Officer shall determine that the use of competitive bidding is not practical or advantageous to the City because one or more of the following conditions exist:

(1) Price is not a primary consideration;

(2) Quality, availability or capability is overriding in relation to price in procurement or research, development, technical supplies or services;

(3) Delivery and installation, post service, sale service or maintenance, reliability, warranties or availability of replacements are overriding in relation to price, or need to be evaluated in relation to prices;

(4) Any of the considerations set forth in Section 2.07.200 are overriding in relation to price or need to be evaluated in relation to price;

(5) The need to evaluate the utilization of a fixed price or cost-type contract;

(6) The need to evaluate whether the marketplace will respond better to a solicitation permitting a range of alternative proposals or evaluation and discussions of them before entering the contract;

(7) The service sought is exempt from the requirement of competitive bidding.

(c) Proposals shall be solicited through a request for proposals.

(Prior Code, § 2717)

For any RFP in excess of $7,500.00, notice shall be given as required by Section 2.07.300.

(Prior Code, § 2718)

No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.

(Prior Code, § 2719)

The request for proposals shall state the factors to be evaluated by the City in soliciting the successful proposals.

(Prior Code, § 2720)

As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonable susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure of any information derived from the contents of proposals submitted by competing offerors.

(Prior Code, § 2721)

Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals.

(Prior Code, § 2722)

Without limitation to the applicability of any other provisions of this chapter, the Purchasing Officer, City Manager, or City Council may reject any and all proposals if said rejection is deemed in the best interest of the City. Upon rejection, the Purchasing Officer, City Manager or City Council may request new sealed proposals or utilize any alternative method set forth in this chapter.

(Prior Code, § 2723)

Prior to making any purchase in excess of $250.00, the Purchasing Officer shall prepare a purchase order. The Purchasing Officer shall forward the original purchase order to the vendor, retaining two copies for the Purchasing Officer's purchase order file.

(Prior Code, § 2724)

No purchase order shall be issued unless there is a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of such order.

(Prior Code, § 2725)

Upon receipt of the vendor's invoice, the Purchasing Officer shall compare the same with the copy of the purchase order and the receiving report, and shall check the invoice for correctness of unit prices, discounts, transportation allowances, etc., and with reports of quality and quantity of goods received.

(Prior Code, § 2726)

The Purchasing Officer shall inspect, or cause to be inspected, all deliveries of supplies or services to determine their conformance to specifications. The Purchasing Officer shall have the authority to require chemical, physical, or other tests of samples submitted with bids and samples of deliveries which are necessary to determine quality and conformance to the specifications.

(Prior Code, § 2727)