[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Editor's Note: This resolution also superseded former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.
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.
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.
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.
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.
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.
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.
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.
This policy shall be reviewed annually by the Town Board at
its organizational meeting.
[Adopted 3-9-2015 by L.L.
No. 1-2015]
This article shall hereafter be known as the "Town of Naples
Best Value Local Law".
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.
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.
