§ SC16-3. General policy of competitive bidding; exceptions.

A.

To secure economy in the construction of public works and the purchase of materials and supplies needed by the city, to prevent collusion, fraud, favoritism and extravagance in public contracts and to ensure that all interested persons will be given fair and equal opportunity to participate, the general policy of the city shall be to afford ample opportunity for competitive bidding before making any city purchase or public works contract or any contract to sell any property, except in the following cases where competitive bidding procedures are not necessary or appropriate:

(1)

The occurrence of an actual emergency, which is hereby defined to mean a situation which has suddenly and unexpectedly arisen and which requires immediate action in the public interest.

(2)

Any single purchase or sale not exceeding an amount set by Ordinance of the Council from time to time.

(3)

Contracts for professional services or for personal services requiring special training and skill.

(4)

Contracts for insurance or for public utility services.

(5)

Recording charges, court costs and other regular fees and charges required by general law to be paid to particular persons or public officials; charters for the printing of public notices and advertisements required by law; postage, payroll taxes and other applicable governmental charges or levies; and travel and other like expense, membership dues and subscriptions to publications.

(6)

Contracts for the purchase, exchange, renting, leasing or acquisition of real property by the city and contracts for the sale, exchange, renting, leasing or other disposition of surplus real property owned by the city; provided, however, that contracts for the sale, leasing for term beyond three (3) years or other disposition of surplus real property owned by the city shall be excepted and exempt from competitive bidding procedures only if first offered for competitive public bidding at such time, after such public notice and subject to such bidding terms and conditions as the Council shall fix in its sole discretion and such bidding fails to produce a proposal acceptable to the Council in its sole discretion and if made within a period of six (6) months following the bidding date. In every such public offering of surplus city real property for sale, leasing for a term beyond three (3) years or other disposition, the Council shall reserve the right to reject any and all bids and may, in its discretion, establish a price or rental terms below which no bid will be considered or accepted.

(7)

Contracts for the hire of chattels, or contracts for the purchase of special machinery and equipment and maintenance or replacement parts therefor, or other special materials and supplies, having an exclusive source of supply, provided that in each instance the hire of such chattels or purchase of such special item has first been approved by the Board of Standardization created by § SC16-7 of this Article.

(8)

Construction, maintenance or repair of public works by the city's own employees in any amount, or by hired labor, but in the latter case not to exceed an amount set by Ordinance of the Council from time to time for labor cost in any single instance.

(9)

Contracts in which the City receives a contract price negotiated by the State, County, or other governmental entity pursuant to a valid contract.

B.

Contracts shall be let to the lowest evaluated and best bid in the case of purchases, or the highest and best bid in the case of sales, except that the city in every instance shall reserve the right to reject any or all bids, waive any irregularities and make the award in the best interests of the city.

C.

In the evaluation of contracts for the construction of public works and the purchase of materials, services and supplies, the City may offer procurement preferences for businesses located in Salisbury, Maryland and other businesses that qualify to receive preference in contracts with the State under Maryland Law.

[Added in 1962 by Res. No. 11* as Sec. 144C; Amended 6-3-63 by Res. No. 21**; Amended 2-14-00 by Res. No. 693; 3-24-2014 by Res. No. 2348]

( Res. No. 2017-8, 9-11-2017 )

* Editor's Note: For the preamble to Res. No. 11, adopted in 1962, see § SC16-1.

** Editor's Note: The preamble to Res. No. 21, adopted 6-8-63, was as follows:

 "Whereas since Subsection 6 of Section 144C of the Charter became effective on July 17, 1962, experience has demonstrated that the offering of surplus City real estate for sale or lease pursuant to public competitive bids frequently accomplishes nothing because no bids are received; and the result in such cases is to inhibit desirable private development of said properties because the City is prevented from negotiating with interested individuals for their acquisition and development thereof; and

 "Whereas, the Council therefore believes it desirable and in the public interest that said Subsection 6 of Section 144C be repealed and re-enacted in order to provide that surplus City real estate which the Council determines properly should be sold or otherwise disposed of shall first be offered publicly for competitive bidding on reasonable terms to be fixed by the Council, and if such offering produces no acceptable bid, that same may then be sold or otherwise disposed of pursuant to a negotiated contract without competitive bidding within a period of six (6) months following the bidding date."