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HomeMy WebLinkAboutAdopting Rules for Purchasing for the City os South BendRESOLUTION NO. 2690 -98 Passed by the Common Council of the City of South Bend, Indiana, November 9. io 98 Attest: Presented by me to the Mayor of the City of South Bend. Indiana November 10, 19 98 . Clerk of Common Council. City Clerk Approved and signed by me November 11, _ 1998 _ Mayor RESOLUTION NO. ` 69r" 7 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING RULES FOR PURCHASING FOR THE CITY OF SOUTH BEND, INDIANA WFUTFOTM i '.a.� WHEREAS, I.C. 5 -22 (the "Act") applies to every expenditure of public funds by a governmental body; WHEREAS, the City of South Bend is a governmental body under the Act; and WHEREAS, the Act authorizes the Common Council to establish certain purchasing rules and policies for the City; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The following are the required purchasing rules for the City of South Bend, Indiana: A. Protection of Offers: Status of Documents as Public Records. 1. Protection of Offers Prior to Opening. The purchasing agent shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers. 2. Unobstructed Evaluation of Offers. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers. 3. Public Records Status of Bids. Bids submitted in response to an invitation for bids must be available for supervised public inspection and copying after the time of the bid opening. 4. Register of Proposals. When the purchasing agent solicits proposals in accordance with I.C. 5 -22 -9, a Register of Proposals must be prepared and available for public inspection after contract award. 1. Purchases Less Than $25,000: The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000. 2. Purchases Between $25,000 and $100,000: The solicitation may include a requirement that an offeror provide evidence of financial responsibility. If evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be accepted. If a bond or certified check is required, it may not exceed ten percent (10 %) of the estimated cost of the purchase. 3. Purchases Over $100,000: The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed ten percent (10 %) of the estimated cost of the purchase. 4. Small Business Set - Asides: The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set -aside purchase. 1. Adjustments in Time of Performance. The purchasing agent may include provisions in a purchase contract concerning adjustments for time of performance under the contract. 2. Unilateral Rights of City. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the City to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance. 3. Quantity Variations. The purchasing agent may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quality delivered. 4. Price Adjustment. Adjustments in price due to any provision contemplated by 1 -3 above must be computed in one (1) or more of the following ways: a. By agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible; b. By unit prices specified in the contract or subsequently agreed upon; c. By costs attributed to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; d. In such other manner as the contracting parties may mutually agreed upon; or e. In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body; 5. Correction and Withdrawal of Bids. An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened or, an offeror may withdraw a bid containing inadvertent errors up to the time at which bids will be opened. The purchasing agent must decide in writing to permit the correction or withdrawal of the bid. 6. Cancellation of Solicitation. When the purchasing agent makes a written determination that it is in the City's best interests, the purchasing agent may cancel a solicitation or reject all offers in whole or in part as specified in the solicitation. The reasons for a cancellation of a solicitation or rejection of offers must be made a part of the contract file. 17 L._ i. The purchasing agent may purchase supplies with an estimated cost of less than $25,000 on the open market without inviting or receiving quotes. All such purchases shall go through Central Services unless the desired supply cannot be procured through Central Services. In the event Central Services does not offer desired supply, Purchasing Agent shall (1) notify Central Services of its intent to purchase desired supply elsewhere; and (2) purchase the supply on the open market. E. Single-Source Purchases, When there is only one (1) source for material or supplies, the purchasing agent shall make a written statement of his or her determination there is only one source for the materials or supplies. A copy of the written determination shall be included in the contract file. Expenditures over $50,000.00 must be approved by the Purchasing Agency. - • ILIA Each City agency and department may purchase services except for the services of attorneys in whatever manner the purchaser determines to be reasonable. Except as otherwise provided by law, only the head of the Department of Law may purchase the services of attorneys. 1. Purchasing agents may state in solicitations that offers will be accepted only by small businesses. "Small business" means a business that is independently owned and operated and is not dominant in its field of operation. a. A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed four million dollars ($4,000,000). b. A construction business is not a small business if its average annual receipts for the preceding three (3) fiscal years exceed four million dollars ($4,000,000). c. A retail business or business selling services is not a small business if its annual sales and receipts exceed five hundred thousand dollars ($500,000). d. A manufacturing business is not a small business if it employs more than one hundred (100) persons. 2. When computing the size of the offeror, the annual sales and receipts of the offeror and all of its affiliates must be included. Section II, This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED I I —9— 1 b NOT APPROVED ADOPTED II` / D — Ip p O AS AmEAIED Member of the Common Council Filed in Clerk's Office a0v I a 1998 L001MAJ. DWA 0"CU RK SM BEND, ltd.