Every purchase to be made must be initially
reviewed to determine whether it is a purchase contract or public
works contract in which the Town Highway Superintendent will manage
the goods or services. The Town, assisted by the Office of Fiscal
Management, will be responsible to make said determination. Once a
determination is made, a good faith effort will be made to determine
whether it is known or can reasonably be expected that the aggregate
amount to be spent on the item of supply, goods or service is not
subject to competitive bidding, taking into account past purchases
and the adopted Town budget approved for the fiscal year in which
the purchase will be made.
The following items are not subject to competitive
bidding pursuant to the General Municipal Law:
A. Purchase contracts under $10,000 and Public Works
or Highway Department contracts under $20,000;
B. Emergency management and preparedness;
C. Goods purchased from agencies for the blind or severely
handicapped;
D. Goods purchased from state or county correctional
institutions;
E. Purchases under state and county contracts and surplus
and secondhand purchases from another governmental entity.
The individual making the purchase will document
the decision that a purchase is not subject to competitive bidding
in writing. This documentation may include written or verbal quotes
from vendors; a memorandum from the purchaser indicating how the decision
was arrived at; a copy of the contract indicating the source which
makes the item or service provided exempt; a memorandum from the purchaser
detailing the circumstances which led to an emergency purchase, or
any other written documentation that may be deemed appropriate by
the Office of Fiscal Management.
All goods and services will be secured by use
of written requests for proposals, written quotations, verbal quotations
(followed by written confirmation of the verbal quote within three
business days) or any other method, as determined by the Office of
Fiscal Management, that assures the goods will be purchased at the
lowest price and that favoritism will be avoided except as follows:
A. Purchase contracts over $10,000;
B. Public works contracts over $20,000;
C. Goods or services purchased pursuant to State Finance
Law § 162 (agencies for the blind or severely handicapped);
[Amended 2-19-2009 by L.L. No. 5-2009]
D. Goods or services purchased pursuant to § 186
of the Correction Law (state or county correctional institutions);
E. Goods or services purchased pursuant to § 104
of the General Municipal Law (purchases made under state contract);
F. Goods or services purchased pursuant to § 103,
Subdivision 3, of the General Municipal Law (purchases made under
county contract);
G. Goods or services purchased pursuant to §
30-2 of this policy.
Written documentation is required of each action
taken in connection with each procurement.
Written documentation and explanation by the
department head is required whenever a contract is awarded to other
than the lowest bidder. This documentation will include an explanation
of how the award will achieve savings or how the low bidder (or bid)
was not responsible. The determination that the low bidder (or bid)
is not responsible shall be documented by the department head and
may not be challenged under any circumstances.
Only those documents attached to this procurement
policy will be considered as authorized forms for the purpose of payment
by the Town of Stillwater.
This policy shall go into effect on April 7,
2005. It will be reviewed annually and may not be changed without
a recommendation by the Office of Fiscal Management and a majority
vote of the Stillwater Town Board.