§ 46. Purchasing, contracting and expenditures.
(a)
The board of selectmen is authorized to adopt rules, regulations and procedures regarding purchasing, contracting and expenditures by the town consistent with the provisions of the laws of the State of Connecticut, any applicable ordinances of the Town of Darien (the "Ordinances"), and this section.
(b)
With the exception of the board of education, all town boards, commissions, departments, offices and agencies are to submit requisitions to purchase, lease, contract for or otherwise acquire goods, work or services (an "acquisition or contract") in writing and in such form as the board of selectmen may prescribe. A requisition is not valid until it is endorsed by the town finance director or his or her designee.
(c)
Requirements for when sealed bids or proposals are to be invited for an acquisition or contract shall be set forth in the Ordinances.
(d)
At a minimum, public notice of an invitation for a sealed bid or proposal shall be given in accordance with the laws of the State of Connecticut in all respects, including as to the manner and timing of such public notice.
(e)
All submitted sealed bids or proposals shall be opened publicly.
(f)
The bid or proposal submitted by the lowest responsive and responsible bidder shall be accepted. In determining the lowest responsive and responsible bidder, in addition to price, the following shall be considered:
(1)
The ability, capacity and skill of the bidder to perform the contract or provide the services required in relation to the standards and specifications as required.
(2)
The ability of the bidder to perform the contract or provide the service 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 sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(g)
When the award is not given to the lowest bidder, a full and complete statement of the reason for placing the order elsewhere shall be reported by the first selectman at the next meeting of the board of selectmen.
(h)
Purchasing documents shall be a public record and shall be retained and available to the public as provided under federal and state law.
(i)
An invitation for bids or proposals is not required when the first selectman has declared that the need for an acquisition or contract constitutes an emergency. As used here, an emergency is a condition which threatens damage or injury to property or health or the curtailment of town services. Any emergency declaration and action taken hereunder by the first selectman shall be reported at the next meeting of the board of selectmen.
(Amd. of 1-22-1973; Amd. of 9-22-1980; Amd. of 5-14-1990; Amd. of 3-21-2006(1) ; Amd. of 9-28-2010(2))
Editor's note
An amendment adopted March 21, 2006, renamed Charter § 46 from "Expenditures and accounting" to "Purchasing, contracting and expenditures".