Article 06: Procurement

4-20.         Competitive Purchasing

          Except as hereinafter provided, every Town purchase or contract greater than thirty thousand ($30,000) dollars in amount shall be made only after the receipt by Town of publicly invited sealed competitive bids on uniform specifications.  After recommendation from the department making the purchase, the Town Administrator shall award the contract to the lowest responsible bidder; quality, delivery, financial responsibility and guarantees of the bidders being equal.  The Town Administrator may, in his/her discretion, reject any bid deemed insufficient or inadequate, or may reject all bids.

          Except as hereinafter provided, every Town purchase or contract of greater than twelve thousand ($12,000) dollars but no more than thirty thousand ($30,000) dollars shall be made only after receipt by the Town of three (3) or more (if reasonably obtainable) competitive informal written quotations or phone quotations which are adequately documented.

          Every purchase of twelve thousand ($12,000) dollars or less shall be handled by the Town on as competitive a basis as is deemed reasonable and prudent.

          Anything above to the contrary notwithstanding, all purchases or contracts in excess of sixty-five thousand ($65,000) dollars shall require Town Council approval by affirmative vote.

          Purchases made through existing State of New Hampshire or other State/government contracts, Strafford County or Oyster River School District contracts shall be deemed to meet the requirements of the above paragraphs. Nothing herein shall be construed to prevent joint bidding and contracting by the Town and other public jurisdictions, and in fact, such is encouraged. Likewise, where reasonable and practical, joint purchasing among Departments is encouraged.

(Section 4-20, amended by Ord. #2008-01 dtd 1/14/08 and Ord. #2020-08 dtd 5/4/20 Ord. #2024 dtd 2/9/24)

4-21.         Professional Services

          Professional services contracts (architecture, engineering, construction management, risk management, financial and auditing and other professional services or consulting work) of thirty-five thousand ($35,000) dollars or more may be entered into after receiving proposals from various interested firms, evaluating those proposals and anticipated quality of service to be rendered, and Town Administrator recommendation to and approval by the Town Council.  Such services of less than thirty-five thousand ($35,000) dollars may be procured in a manner deemed reasonable and prudent by the Town Administrator. (Section 4-21 amended by Ord. #2008-01 dtd 1/14/08 and Ord. #2020-08 dtd 5/4/20 Ord. #2024 dtd 2/9/24)

4-22.         Change Orders

          Contract Change Orders are hereby authorized to be made where necessary by the Town Administrator but shall not exceed ten (10%) percent of the amount of the original contract unless specific Town Council approval is obtained.

4-23.         Exceptions, Waivers, Standardization and Emergencies

          Valid exceptions not subject to the above biddings requirements are utility purchases, legal services, medical, health and social services for Town employees, the purchase of insurance, financing of TANS, leases or similar financing mechanisms, maintenance contracts with manufacturers of equipment purchased or with suppliers of data processing software or where the Town decides to contract with non‑profit organizations for the provision of health, welfare, social or recreational services for the Town and/or to the general public, professional services or work on structures listed or eligible to be listed on the National or State Historic register required or intended to meet US Secretary of the Interior’s Standards for the Treatment of Historic Properties, or where the Town decides to contract with governmental agencies for the provision of governmental services.

          Sealed, publicly invited competitive bids will not be required for purchases in any situation where a contractor or supplier has defaulted upon his or her obligations to the Town and there is present a security guaranteeing to the Town the performance of said obligation at no additional cost to the Town, over and above the original obligation.  In such a case, the Town Administrator, with the approval of the Town Council, may renegotiate and award the contract to whomsoever he/she sees fit providing that said renegotiation and award does not exceed the amount contracted for in the original obligation.

          The Town Council, on recommendation from the Town Administrator, may waive any of the above purchasing requirements in cases where it is deemed inadvisable to solicit bids because of a single source of supply or because of the need of standardization of the materials, supplies, equipment or services or for other stated reasons which the Town Council deems to be in the interest of the Town.

          Where it is deemed appropriate to standardize on the procurement of materials, supplies, equipment or services, the Town Council shall so indicate by Resolution. The Town Business office shall maintain an up‑to‑date listing of such standardized items or services.  The procurement of such standardized items or services will be exempt from the foregoing bidding requirements. Nevertheless, Town Departments will, when reasonably possible, attempt to obtain competitive quotes from different suppliers, if any, for the standardized item or service.        

          In case of an accident or emergency, the Town Administrator may award contracts and make purchases for the purpose of repairing damages caused by the accident or meeting the public emergency without meeting the purchasing requirements of the above sections.   In such cases the Town Administrator shall promptly file with the Town Council a report, which certifies the emergency nature of the incident and itemizes the purchases and their costs. (Section 4-23 amended by Ord. #2024 dtd 2/9/24)    

4-24.         Sale of Surplus Material

          The Town Administrator may authorize the sale of materials and equipment which he or she determines to be surplus to the needs of the Town where a single item or lot does not exceed eighteen thousand ($18,000) dollars in book value. In cases where such item or lot exceeds eighteen thousand ($18,000) dollars in book value, the Town Council shall approve the sale of such materials.  All such surplus materials shall be disposed of by public auction, online marketplaces, or competitive quotations. (Section 4-24 amended by Ord. #2008-01 dtd 1/14/08 and Ord. #2020-08 dtd 5/4/20  Ord. #2024 dtd 2/9/24)

4-25.          Assignment of Responsibility

           The Responsibility for purchasing and contracting procedures shall rest with the Town Administrator or his/her designee.