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Town of LeRay, NY
Jefferson County
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[HISTORY: Adopted by the Town Board of the Town of LeRay 2-6-1992; amended in its entirety 6-9-2011 by L.L. No. 2-2011. Subsequent amendments noted where applicable.]
Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law § 103. Every Town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter "purchaser") shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity.
All purchases of supplies and equipment, including supplies considered in the aggregate, such as fuel, which will exceed $20,000 in the fiscal year or public works contracts over $35,000 shall be formally bid pursuant to General Municipal Law § 103.
A. 
Goods, services, supplies and equipment. All estimated purchases of:
(1) 
Less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written/faxed quotes from three vendors.
(2) 
Less than $10,000 but greater than $5,000 require an oral request for the goods and oral/faxed quotes from two vendors, with the exception of parts for the highway department, where, in the discretion of the highway superintendent, it would be impractical or contrary to standardization policies of the highway department.
(3) 
Less than $5,000 but greater than $3,000 require an oral request for the goods and oral/faxed quotes from two vendors, with the exception of parts for the highway department, where, in the discretion of the highway superintendent, it would be impractical or contrary to standardization policies of the highway department.
(4) 
Less than $3,000 are left to the discretion of the purchaser.
B. 
All estimated public works contracts of:
(1) 
Less than $35,000 but greater than $20,000 requires a written RFP and/or faxed proposal from three contractors.
(2) 
Less than $20,000 but greater than $3,000 require a written RFP and/or faxed proposals from two contractors.
(3) 
Less than $3,000 are left to the discretion of the purchaser.
C. 
Content of RFP. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/faxed/oral quotes have been requested and the written/faxed/oral quotes offered. All information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing reasons why it is in the best interest of the Town and its taxpayers to make an award to other than the lower bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
A good-faith effort shall be made to obtain the required number of proposals or quotations. The purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Acquisition of professional services.
B. 
Emergencies.
C. 
Sole-source situation.
D. 
Goods purchased from another governmental agency.
E. 
Goods purchased at auctions.
F. 
Goods purchased for less than $3,000.
G. 
Public works contracts for less than $3,000.
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practical.