[HISTORY: Adopted by the Town Board of the Town of Union Vale 5-8-1997
(Ch. 18 of the 1983 Code). Amendments noted where applicable.]
A.
Section 104-b of the General Municipal Law requires all
municipalities and districts therein to adopt procurement policies for goods
and services which are not required by law to be publicly bid. This policy
sets forth standard procedures for ordering and purchasing services and supplies
in the Town of Union Vale.
B.
BIDDER
PURCHASER
SUCCESSFUL BIDDER
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Person or organization who submits a bid in response to a request
for bids.
Town body or official who has been authorized by the Town Board to
commit the Town to the basic terms of a purchase contract.
Bidder whose bid has been accepted by the purchaser.
A.
It is and shall remain the policy of the Town that all
Town purchases of goods and services shall be made without regard to the age,
sex, race, religion, color, national origin, physical handicap or political
affiliation of the vendor or provider of services.
B.
Provided that quality and service are at least comparable,
it is and shall remain the policy of the Town that all Town purchases of goods
and services shall be made at the lowest possible price available.
C.
Provided that quality, service and price are at least
comparable, preference in purchases will be given to vendors who have a place
of business within the Town of Union Vale and the County of Dutchess.
D.
The Town Board may, by resolution, delegate the authority
to purchase, vested upon it by the Town Law, upon any Town official. The Town
Board shall bear ultimate responsibility for purchases made under its delegation
of power. The Town Board may, by resolution, revoke the authority it has delegated
upon a Town official to act as purchaser.
A.
The purchaser shall initially review the requirement
to determine whether it is a purchase contract or a public works contract.
The purchaser shall then make a good faith effort to determine whether it
is known or can reasonably be expected that the aggregate amount to be spent
on the item of supply or service is not subject to competitive bidding, taking
into account past purchases and the aggregate amount to be spent in a year.
The following items are not subject to competitive bidding pursuant to § 103
of the General Municipal Law:
(1)
Purchase contracts under $10,000.
(2)
Public works contracts under $20,000.
(3)
Emergency purchases.
(4)
Goods purchased from agencies for the blind or severely
handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
Surplus and secondhand purchases from another governmental
entity.
B.
When a purchaser decides that a purchase is not subject
to competitive bidding, the purchaser shall document in writing such decision.
This documentation may include written or verbal quotes from vendors, a memo
from the purchaser indicating how the decision was arrived at, a copy of the
contract indicating the source which makes the item or service exempt or a
memo from the purchaser detailing the circumstances which led to an emergency
purchase.
C.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to Subsection G of this section, will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided.
D.
Method of purchase.
(1)
The following method of purchase will be used in order to achieve the highest savings, except for those items listed in Subsection A above:
[Amended 4-21-1999]
|
Estimated Amount of Purchase
|
Procurement Method
| |
|---|---|---|
|
$1,000 to $2,999
|
2 verbal quotations
| |
|
$3,000 to $9,999
|
3 written/FAX quotations or written request for proposals
|
|
Estimated Amount of Public Works Contract
|
Procurement Method
| |
|---|---|---|
|
$1,000 to $2,999
|
2 verbal quotations
| |
|
$3,000 to $4,999
|
2 written/FAX quotations
| |
|
$5,000 to $19,999
|
3 written/FAX quotations or written request for proposals
|
(2)
The purchaser shall make a good faith effort to obtain
the required number of alternate proposals. If unable to obtain the required
number of alternate proposals, the purchaser shall document the attempt made
at obtaining them. In no event, however, shall the failure to obtain the proposals
be a bar to the procurement.
E.
Bid solicitation. The Town Board shall review advertisements
soliciting bids before they are placed for publication. The text of advertisements
soliciting bids for the purchase of goods shall contain a fair description
of what is to be purchased. The text of advertisements for the purchase of
services shall describe the project requirements in sufficient detail for
a potential bidder to determine whether or not the bidder is interested in
submitting a bid.
F.
Requests for bids shall make it clear that each quotation
or proposal submitted in connection with the procurement should include all
relevant documentation necessary for the responsible Town officials to make
the award decision.
G.
Whenever a contract is awarded to other than the lowest
responsible offeror, the purchaser shall support such decision with documentation
and an explanation of how the award will achieve savings. The purchaser will
be responsible for determining if the offeror is responsible.
H.
In some circumstances it is not in the best interests
of the Town of Union Vale to solicit quotations or to document the basis for
not accepting the lowest bid. In these circumstances, the individual or company
must be chosen based on accountability, reliability, responsibility, skill,
education and training, judgment, integrity, moral worth and the ability to
have a close relationship with the governing body. These qualifications are
not necessarily found in the individual or company that offers the lowest
price, and the nature of these services are such that they do not readily
lend themselves to competitive procurement procedures. The procurement of
professional services or of services requiring special or technical skill,
training or expertise fall within the purview of this section. The citizens
of the municipality deserve the benefit of expertise in these type of services,
as an effective performance in these areas, although hard to quantify, ultimately
saves the taxpayers money.
I.
In addition, in the following situations it is not in
the best interests of the municipality to secure alternate proposals because
of the time required and type of purchase:
J.
This policy shall go into effect on June 8, 1997, and
will be reviewed annually.
A.
A Town Board resolution determining whose bid or quotation
is successful does not constitute a contract. The resolution is, rather, a
necessary step before the prevailing bidder and the Town enter into a contract.
Any such resolution awarding the bid shall contain the following language:
"The rights and obligations of the prevailing bidder shall be defined in such
bidder's contract with the Town. The acceptance of the bid gives the Town
the right to secure the goods or services at the quoted price, in conformance
with any additional terms enumerated in the request for bids or for quotations.
The Town and the successful bidder shall negotiate in good faith such terms
as remain to be defined, if any, after the successful bidder is selected."
B.
Once the Town Board or the authorized Town official has
selected the prevailing bidder, the Town shall prepare a contract or review
a proposed contract.
A.
Whenever a contract for the provision of goods or services
exceeds $25,000, or whenever the Town Board or authorized Town official deems
it desirable, such contract shall be prepared or reviewed by the Town Attorney.
Purchase orders issued by the Town are contracts.
B.
If a vendor is to provide work or services whose performance
affects a substantial interest of the Town, such vendor shall provide a performance
bond to ensure that the work or services are performed. Work or services that
affect substantial interests of the Town shall include, but not be limited
to:
C.
For the purposes of this chapter, the substantial interests
of the Town shall be deemed affected when a failure to perform the work is
likely to impair the Town's ability to deliver necessary services to Town
residents. The Town Board may designate work for which a performance bond
shall be required on a case-by-case basis, and it may enlarge by resolution
the categories of work that are deemed to affect a substantial interest of
the Town.
D.
The Town Board or the purchaser shall consider whether
the Town should determine the authenticity of the security bond by enlisting
the assistance of the State Superintendent of Insurance.
When, in the judgment of the Town Board or of the purchaser, a successful
bidder's activities may expose the Town to liability because of injury to
persons or property, such successful bidder shall be required to maintain
liability insurance in suitable amounts. The Town shall be named in a rider
to the insurance policy to prevent the cancellation of the policy without
notice to the Town. If the Town Board so requires, the Town shall be named
as an additional insured. The contract with a successful bidder shall require
that the Town be provided with a copy of the required insurance policy and
an original certificate made out to the Town. The successful bidder shall
provide the certificate before the contract goes into effect.
