Town of Naples, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Naples as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 26.
[Adopted 2-2-2016 by Res. No. 3-2016[1]]
[1]
Editor's Note: This resolution also superseded former Ch. 37, Procurement Policy, adopted 6-14-2010 by Res. No. 72-2010.

§ 37-1 Procurement analysis.

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 supplies 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 supplies or equipment to be acquired. The information gathered and conclusions reached shall be documented and retained with any other documentation with respect to the procurement activities.

§ 37-2 Competitive bidding requirement.

Except as provided by local law duly adopted by the Town pursuant to General Municipal Law § 103 pertaining to the use of "best value" for purchase contracts,[1] all purchases of: supplies or equipment which will exceed $20,000 in the fiscal year; or public works contracts in excess of $35,000, shall be formally bid pursuant to GML § 103.
[1]
Editor's Note: See Art. II Award of Contracts on Basis of Best Value, of this chapter.

§ 37-3 Requests for proposals.

A. 
All estimated costs for purchases in the aggregate of:
(1) 
Twenty thousand dollars or less but greater than $1,000 shall require a written request for a proposal (RFP) and written/fax quotes from three vendors.
(2) 
One thousand dollars or less are left to the discretion of the purchaser.
B. 
All estimated costs for public works contracts of:
(1) 
Thirty-five thousand dollars or less but greater than $1,000 shall require a written RFP and written or fax/proposals from three contractors.
(2) 
One thousand dollars or less are left to the discretion of the purchaser.

§ 37-4 RFP criteria.

Any written RFP shall describe the desired goods, quantity and the particulars of delivery in the case of purchases or all the particulars of the work to be performed in the case of a public works project. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quote offered.

§ 37-5 Retention of records on RFPs.

All information gathered in complying with the procedures of this policy shall be preserved and filed with the documentation supporting the subsequent purchase or performing of a public works contract.

§ 37-6 Acceptance of lowest responsible proposal.

The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing reason(s) why it is in the best interests of the Town and its taxpayers to make an award to other than the low bidder and such justification is approved by the Town Board, in its sole discretion.

§ 37-7 Obtaining sufficient proposals.

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.

§ 37-8 Exceptions to bidding and RFPs.

Except when directed by the Town Board, no solicitations or written proposals or quotations shall be required under the following circumstances:
A. 
Acquisition of professional services;
B. 
Emergencies, upon determination by resolution duly adopted by the Town Board;
C. 
Sole-source situations, upon determination by resolution duly adopted by the Town Board;
D. 
Goods purchased from agencies for the blind or severely handicapped;
E. 
Goods purchased from correctional facilities;
F. 
Goods purchased from another governmental agency pursuant to such agency's contract;
G. 
Goods purchased at auction;
H. 
Goods purchased for less than $1,000;
I. 
Public works contracts for less than $1,000;
J. 
Purchase contracts awarded based upon "best value," subsequent to adoption of a local law by the Town with respect thereto.

§ 37-9 Review of policy.

This policy shall be reviewed annually by the Town Board at its organizational meeting.
[Adopted 3-9-2015 by L.L. No. 1-2015]

§ 37-10 Title.

This article shall hereafter be known as the "Town of Naples Best Value Local Law".

§ 37-11 Legislative intent and authority.

A. 
The intent of this article is to allow the Town Board of the Town of Naples to authorize the awarding of purchase contracts on the basis of "best value."
B. 
Section 103 of the General Municipal Law (GML) requires competitive bidding for purchase contracts and public works contracts and has historically required that such bids be awarded to the lowest responsible bidder whose bid meets the requirements of the specifications for the project.
C. 
Section 103 of the GML was recently amended to provide that, by enacting a local law so providing, municipalities may award purchase contracts, which would otherwise be subject to the "lowest bidder" rule, on the basis of best value, as defined in § 163 of the State Finance Law, to a responsive and responsible bidder or offeror.
D. 
The Town of Naples hereby determines that it is in the best interests of the Town and its residents for the Town Board to have the authority to award purchase contracts on the basis of best value.
E. 
This article is enacted pursuant to the provisions of the Municipal Home Rule Law of the State of New York.

§ 37-12 Legislative provisions.

A. 
On and after the effective date hereof, the Town Board of the Town of Naples may award purchase contracts, including contracts for service work, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law, on the basis of best value, as defined in § 163 of the State Finance Law, to a responsible and responsible bidder or offeror.
B. 
The election to award any such contract on the basis of best value shall be made by the Town Board.
C. 
In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing the required security.