Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

City Of Exeter Charter Information

Such dollar limits for purchases of goods and supplies shall be adjusted by the same percentage as the Municipal Price Index (PMS) as determined by City & County Magazine shall have changed during the prior calendar year, either upward or downward.
Such dollar limits for construction and equipment purchases and contracts shall be adjusted by the same percentage as the McGraw Hill Index of Construction Prices shall have changed during the prior calendar year, either upward or downward.

Section 3.36.060 Local Preference.

Insofar as is legally permissible, bidders and suppliers who have a business located within the City of Exeter and pay a business license tax to the City, shall be provided preference in the award of bids by the City.
In addition, insofar as is legally possible, bidders which agree to employ persons to work on the specific project for which a bid is being submitted and/or which employ persons living within the City limits of the City of Exeter, shall be provided additional preference in the award of bids by the City.

Section 3.36.070 Council Approval. All purchases and contracts in excess of $10,000.00, except for emergency purchases, shall require City Council approval.
Section 3.36.080 Informal Purchases Procedure. The City Administrator may delegate in writing to the department heads, Purchasing Officer or other City officer as he/she shall determine, the authority to make purchases and to contract for items and services involving less than $25,000. Such delegated authority shall be exercised as set out in the Section, and shall be subject to other applicable provisions of this Chapter.

Purchases under this section shall be made whenever possible after receipt of three (3) or more quotations and awarded based upon price, quality, availability and any and all other relevant factors.
Either verbal or written quotations shall be received from prospective vendors or contractors, and notations made thereof in every case involving any purchase or contract of amount greater than $5,000.
Written quotations shall be solicited and received from prospective vendors or contractors and made a part of the file for each specific proposed acquisition of goods or services involving amounts greater than $5,001 up to and including $25,000.

Section 3.36.090 Informal Bid Procedure. All purchases and contracts involving amounts between $25,001 and $74,999 shall be purchased and contracted for only under the procedures set out in this Chapter.

Award of all contracts and purchases made pursuant to the procedures of this Section shall be made to the lowest responsible bidder or vendor meeting specifications, except as specifically otherwise authorized by this Chapter.
Written quotations shall be secured in all cases from at least three prospective and qualified vendors or contractors, and such quotations shall be made a part of the file of each purchase made or contract awarded under this Section. Such file shall be maintained for three years after award of the contract or purchase order.

Section 3.36.100 Formal Bid Procedure. The procedure set out in this Section shall be utilized for all purchases or contracts involving amounts of $75,000 or more.

Award of all contracts and purchases made pursuant to the procedures of this Section shall be made to the lowest responsible bidder meeting specifications, except as specifically otherwise authorized by this Chapter.

Written specifications and plans, if appropriate, shall be prepared for all purchases proposed to be made and contracts proposed to be awarded under this Section. Such Specifications and plans, together with the deadline for and place to file sealed bids with the City, and other requirements, shall be circulated to publications appropriate to the subject of the call for bids, posted at City Hall, and advertised in a legally adjudicated newspaper in geographic areas appropriate to reaching prospective bidders.
Such notices and advertisements shall be designed to cause full public notification of all calls For sealed bids by providing at least ten days written notice to prospective bidders prior to the proposed deadline for the receipt of sealed bids.
Sealed bids shall be accompanied by a bid bond or cashiers check in the amount set by the City Administrator and failure to include such bid bond or cashiers check with any bid shall be disqualifying.
Sealed bids shall be received and opened by the City official designated by the bid call, at the place and time specified in said bid call.
A written analysis shall be made of all sealed bids received under the procedures of this Section, and shall contain information relative to all bidders, including a written recommendation by the affected department head and the City Administrator as to which bidder is recommended to be the lowest responsible bidder.
All bid calls shall contain the statement that the City Council may reject any and all bids for any good or service and may cancel any call for bids at any time in the process.

Section 3.36.110 Professional and Specialized Services. The acquisition of copyrighted and patented items, specialized or professional services, and services for which there is no reasonable alternative which is of equal or better quality or nature, shall be made by following the procedures set out in this Section.

The purchase order or contract award for such professional or specialized services or materials shall have a copy of a statement attached thereto by both the vendor or contractor and the City Administrator stating the reasons and the specific copyright or patent circumstances which have given rise to the invoking of this exception to the competitive acquisition processes set out in this Chapter.

The original of such statement shall be filed with the City Clerk.

The selection of a provider of professional or specialized services involves a qualitative judgment in addition to quantitative and dollar amount issues. According such selections shall not be made exclusively or primarily based upon price.
When this exception to the competitive purchasing and contracting procedures set out in this Chapter is utilized, a written finding shall be filed with the contract and the City Clerk regarding the reason for such non-competitive acquisition and, further, the process utilized in the selection of contractors to be interviewed, the interview process used, those firms contacted and interviewed, and the results of such interviews, cumulatively which shall have resulted in the decision to award the contract to the firm to which the contract was subsequently awarded.
The criteria utilized for this exception to the competitive process of this Chapter shall include a requirement for specialized abilities and knowledge in addition to quality and the price. This process shall not be utilized without the prior written approval of the City Administrator.

“Professional Services” means work performed by specially trained and experienced persons, firms or corporations rendering professional services and advise such as accounting, auditing, financial advisory, securities underwriting, legal, medical, engineering, architectural, environmental, economic, real estate, insurance, appraisal, lobbying, public relations, ordinance codification and publication, or similar such highly specialized services.