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.
[Amended 4-7-2010 by L.L. No. 1-2010]
All purchases of supplies or equipment which
will exceed $10,000 in a fiscal year or public works contracts over
$35,000 shall be formally bid pursuant to General Municipal Law § 103.
[Amended 5-1-2013 by L.L.
No. 3-2013]
A. The lowest responsible bidder shall be awarded the purchase or public
works contract unless the purchaser either 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 low bidder or uses the
"best value" option set out below. If a bidder is not deemed responsible,
facts supporting that judgment shall also be documented and filed
with the record supporting the procurement.
B. Best-value purchasing. Pursuant to § 103(1) of New York's
General Municipal Law, the Town may award certain purchase contracts
and contracts for services using the "best value" standard, as follows:
(1) Definition. For purposes of this section, "best value" means the
basis for awarding contracts for purchases and services to the offerer
that optimizes quality, cost, and efficiency, among responsive and
responsible offerers.
(2) Applicability. The "best value" option may be used for purchase contracts
involving an expenditure of more than $20,000 and contracts for services
involving an expenditure of more than $35,000 but excluding purchase
contracts necessary for the completion of a public works contract
pursuant to Article 8 of the State Labor Law and excluding any other
contract that may in the future be excluded under state law from the
best value option. If the dollar thresholds of General Municipal Law
§ 103 are increased or decreased in the future by the State
Legislature, the dollar thresholds set forth herein shall be deemed
simultaneously amended to match the new General Municipal Law thresholds.
(3) Standards for best value. Goods and services procured and awarded
on the basis of best value are those that the Town Board determines
will be of the highest quality and most cost-efficient in the long-term.
The determination of quality and cost-efficiency shall be based on
an objective and quantifiable analysis, which may take into account
the cost of maintenance, proximity to the end user, durability, availability
of replacement parts or maintenance contractors, longer product life,
quality of craftsmanship, and any other factors deemed relevant by
the Town Board.
(4) Documentation. Whenever any contract is awarded on the basis of best
value instead of lowest responsible bidder, the basis for determining
best value shall be thoroughly and accurately documented.
A good-faith effort shall be made to obtain
the required number of proposals or quotations. If the purchaser is
unable 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.
D. Goods purchased from agencies for the blind or severely
handicapped.
E. Goods purchased from correctional facilities.
F. Goods purchased from another governmental agency.
G. Goods purchased at auctions.
H. Goods purchased for less than $500.
[Amended 4-3-2002]
I. Public works contracts for less than $500.
This policy shall be reviewed annually by the
Town Board at its organizational meeting or as soon thereafter as
is reasonably practicable.