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 a canvass
of other departments within the Town and boards operating under the
authority of the Town 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 or equipment which will exceed $1,000
or public works contracts over $1,000 shall first be referred to the
Town Board for its consideration and approval prior to the solicitation
of any bids or quotes of a formal or informal nature. It is the intent
of this section to maintain the practice that any major expenditure
(that exceeding the sum of $1,000) shall be evaluated by the Town
Board before any action to purchase or secure goods or services is
undertaken by procuring parties.
All purchases of supplies or equipment which will exceed $10,000
in the fiscal year or public works contracts over $20,000 shall be
formally bid pursuant to General Municipal Law § 103.
Insofar as applicable, all purchases shall comply with the Town
of Lima purchase order procedure policy, duly adopted by the Town
Board, as such policy may be amended or modified from time to time.
Said purchase order procedure policy effectively supplements the procurement
policy and is intended to be incorporated by reference herein.
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 or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser shall document
the attempts made to obtain the proposals or quotations. 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 or services procured from correctional facilities;
F. Goods or services procured from, through or jointly with another
governmental agency, such as cooperative purchases made in connection
with another municipal government or entity or a school district or
purchases made through acceptance of a state or county bid for such
goods or services provided or obtained by or from another municipal
government or entity or a school district;
G. Goods purchased at auction;
H. Goods purchased for less than $250; and
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.
[Adopted 7-2-2015 by L.L.
No. 1-2015]
This article shall be known as the "Town of Lima Best Value
Competitive Bidding Law."
As used in this article, the following terms shall have the
meanings indicated:
BEST VALUE
The basis for awarding contracts for purchases and/or services
to an offeror who optimizes quality, cost and efficiency, among responsive
and responsible offerers. Such basis may also identify a quantitative
factor for offerors that are small business or certified minority-owned
or women-owned business enterprises as defined in Subdivisions 1,
7, 15 and 20 of § 310 of the Executive Law to be used in
evaluation of offers for awarding contracts for services.
Town of Lima is hereby authorized to use best value as a basis
for awarding purchase contracts and service contracts, excluding public
works projects under NYS Labor Law Article 8, without regard to the
amount of the expenditure, in addition to awarding such contracts
to the lowest responsible bidder furnishing the required security.
The Town Supervisor shall determine when to use best value as a basis
for awarding a purchase contract and service contracts, excluding
public works projects under NYS Labor Law Article 8.