Town of Haverstraw, NY
Rockland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Haverstraw as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1992]

§ 33-1 Evaluation of purchase.

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.

§ 33-2 Purchases to be formally bid.

[Amended 9-26-2011 by L.L. No. 4-2011]
All purchases of supplies or equipment in the fiscal year or public works contracts shall be formally bid pursuant to General Municipal Law § 103.

§ 33-3 Estimated purchases requiring quotes or proposals.

A. 
Estimated purchases.
[Amended 9-26-2011 by L.L. No. 4-2011]
(1) 
All estimated purchases of less than $20,000 but greater than $3,000 require a written request for a proposal ("RFP") and written/fax quotes from three vendors.
(2) 
All estimated purchases of less than $3,000 but greater than $1,000 require an oral request for the goods and oral/fax quotes from two vendors.
(3) 
All estimated purchases of less than $1,000 are left to the discretion of the purchaser.
(4) 
All purchases over $1,000 require a purchase order.
B. 
Estimated public works contracts.
[Amended 9-26-2011 by L.L. No. 4-2011]
(1) 
All estimated public works contracts of less than $35,000 but greater than $10,000 require a written RFP or fax proposals from three contractors.
(2) 
All estimated public works contracts of less than $10,000 but greater than $1,000 require a written RFP or fax proposals from two contractors.
(3) 
All estimated public works contracts of less than $1,000 are left to the discretion of the purchaser.
(4) 
All public works contracts over $1,000 require a purchase order.
C. 
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/fax/oral quotes are offered. All information gathered in complying with this procedure shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

§ 33-4 Award of purchase or 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 low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

§ 33-5 Inability to obtain proposals.

A good faith effort shall be made to obtain the required number of proposals. If the purchaser is unable to obtain the required number of proposals, the purchaser shall document the attempt made. In no event shall the inability to obtain the proposals be a bar to the procurement.

§ 33-6 Exceptions from solicitation of quotes or proposals.

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 situations.
D. 
Goods purchased from agencies for the blind or handicapped.
E. 
Goods purchased from correctional facilities.
F. 
Goods purchased from other governmental agencies.
G. 
Goods purchased at auction.

§ 33-7 Unintentional failure to comply.

The unintentional failure to fully comply with the provisions of General Municipal Law § 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Haverstraw or any officer or employee thereof.

§ 33-8 Annual policy review.

The Town Board shall annually review these policies and procedures.
[Adopted 5-27-2014 by L.L. No. 4-2014]

§ 33-9 Authority and purpose.

New York General Municipal Law § 103, Subdivision 1, allows the Town to authorize, by local law, the award of certain purchase contracts (including contracts for services) subject to competitive bidding under General Municipal Law § 103 on the basis of "best value" as defined in § 163 of the New York State Finance Law. The best-value option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offerer if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.

§ 33-10 Award based on best value.

The Town Board may award purchase contracts, including contracts for services, on the basis of "best value," as that term is defined in New York State Finance Law § 163. All awards based on best value shall require Town Board approval.

§ 33-11 Applicability.

The provisions of this article apply to Town purchase contracts, including contracts for services, involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best-value option. If the dollar thresholds of New York 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.

§ 33-12 Standards for best value.

Goods and services procured and awarded on the basis of best value are those that the Town Board determines optimize quality, cost and efficiency, among responsive and responsible bidder or offerers. Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers. The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; longer product life; product performance criteria; and quality of craftsmanship.

§ 33-13 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.

§ 33-14 Procurement policy superseded where inconsistent.

Any inconsistent provision of the Town's procurement policy, as adopted prior to the effective date of this article by resolution of the Town Board, or as amended thereafter, shall be deemed superseded by the provisions of this article.