[HISTORY: Adopted by the Town Board of the
Town of Haverstraw as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-13-1992]
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 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.
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.
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.
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.
Except when directed by the Town Board, no solicitation
of written proposals or quotations shall be required under the following
circumstances:
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.
The Town Board shall annually review these policies
and procedures.
[Adopted 5-27-2014 by L.L. No. 4-2014]
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.
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.
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.
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.
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.
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.
