NORWALK, Conn. – Questions surrounding no-bid purchases of goods and services by the Norwalk Department of Public Works from City Carting were answered Monday by Norwalk purchasing agent Gerald J. Foley.
NancyOnNorwalk asked Foley to clarify the city’s policy concerning the spending of $273,000 to purchase three trash compacters from Norwalk’ trash and recycling vendor, and another nearly $50,000 expense – put on hold by the Common Council Public Works Committee – for bulky waste pickup.
Foley explained the process in an email.
“Amendments to existing agreements require the review and approval of the Common Council,” he wrote. “Concerning the request to add an amendment to an existing agreement [bulky waste pickup], the amendment is first reviewed at the departmental level; then at the Common Council Committee and finally at the full Common Council.”
It is not uncommon to add an amendment to an existing agreement without soliciting other bids, Foley wrote.
“The rationale is typically that it is in the city’s best interest to maintain all of the like services (in this case, garbage collection) with the same company. Thus, with such approach, the city is afforded more control of the services and more control (and more leverage) over the company. And in the end, when the services are re-bid, all of the existing services — plus all of the amendments (and or added services) — are put out as a single bid in lieu of multiple bids.”
According to the city’s Procurement Guidelines adopted in 2005 and available on the city website:
§3-206 Single Source Procurement
A contract may be awarded for a lease, rental, supply, service, or construction item without competition when, the Purchasing Agent, designee and Department Head determines that, in the best interests of the City, the City should procure the required supply, service, or construction item from a specific source. When such determination is made by a Department Head that there is only one source, the written justification for such determination must be submitted to the Purchasing Agent for approval. However every such single source purchase in excess of $10,000.00 shall be subject to the approval of the Common Council.
Part E – Types of Contracts
§3-501 Types of Contracts.
Subject to the limitations of this Section, any type of contract which will promote the best interests of the City may be used.
Pursuant to Charter Section §1-226, it is the Mayor alone who shall, on behalf of the City, execute all contracts and other papers necessary. Pursuant to the Norwalk Code Section §1-241, the Purchasing Agent is to procure competitive bids to insure the procurement of quality supplies, services and construction on a timely basis for the City. Pursuant to Code Section §63-2, the Law Department is to supervise the preparation of all contracts and
any other legal papers of whatever nature.
Pursuant to Charter Section §1-189, the powers of the Common Council include the power to provide for the due execution of contracts and of indebtedness issued by said City. Under Code Section §95-2 it is the duty of the Director of Public Works to execute, cause to be executed, and supervise the execution of all orders of the Common Council for the construction, maintenance and repair of all public works not ordered to be supervised by
other officers or persons.
A. Purchase Orders
(1) Determination of use. A Purchase Orders’ use is limited to ordinary routine procurements of supplies, services or construction. A Purchase Order may be executed by the Purchasing Agent utilizing the following guidelines:
(a) Expenditures Up to $25,000.00: The Purchasing Agent shall be authorized to execute a Purchase Order to acquire supplies, services or construction, including equipment up to $25,000.00. Except for in the acquisition of (a) Fire Apparatus; (b) Police or other vehicles or vessels, or (c) additions and replacements of existing equipment , which The Purchasing Agent shall be authorized to execute a Purchase Order up to $100,000.00.
(b) Expenditures Over $25,000.00: All other purchases of supplies, services or construction, except as noted above, in excess of $25,000.00 must be authorized by the Common Council. The acquisition and retention of trade services, professional services and construction work in excess of $25,000.00 must be authorized by the Common Council and shall require the execution of a formal contract signed by the Mayor.
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