Town of Victor, NY Chapter 39 Procurement Policy

[HISTORY: Adopted by the Town Board of the Town of Victor 1-5-1998; amended in its entirety 12-16-2013 by L.L. No. 12-2013. Subsequent amendments noted where applicable.]

§ 39-1 Title.

This chapter shall be known and cited as "Procurement Policy and Best Value."

§ 39-2 Purchase activity estimate.

Town employees with the requisite purchasing authority shall estimate the cumulative amount of items of supply or equipment needed in a given fiscal year. The estimate shall include the canvass of other departments and past history so as to determine the likely annual value of the commodities to be acquired. The information gathered and conclusions reached through this process shall be documented and kept with the file or other documentation supporting the purchase activity.

§ 39-3 Evaluation of purchases and contracts; expenditures requiring competitive bidding.

A. Every prospective purchase of goods or services shall be evaluated to determine the applicability of competitive bidding under General Municipal Law § 103, specifically:

(1) The purchase of supplies or equipment involving an expenditure of greater than $20,000 shall be bid on pursuant to General Municipal Law § 103; and

(2) All contracts for public work involving an expenditure of greater than $35,000 shall be bid on pursuant to General Municipal Law § 103, unless there is an applicable exception.

B. Where it is determined that competitive bidding is not required pursuant to the General Municipal Law, the basis of such determination shall be documented and kept with the documentation supporting that purchasing activity.

C. Where permissible and agreeable by the vendor, contracts procured may be made available for use by any state or other political subdivision or district therein.

§ 39-4 Procedure for procurement of goods, services and contracts not requiring competitive bidding.

The following methods and procedures shall be utilized for purchases where it is determined, pursuant to § 39-3 herein, that competitive bidding is not required, unless the purchase qualifies as an exception under § 39-6 herein or is contrary to law.

A. All estimated purchases of goods, supplies, equipment and professional services of:

(1) Up to $1,500 (per fiscal year) of purchases: to be made at the discretion of an authorized purchaser.

(2) From $1,500.01 to $2,500: require at least one telephone or fax/written response to request for proposal or request for quote.

(3) From $2,500.01 to $5,000: requires at least two of any of the following: telephone or fax/written response to request for proposal, written quotation or verbal quotation.

(4) From $5,000.01 to $10,000: requires at least three of any of the following: written response to request for proposal, written quotation.

(5) From $10,000.01 to $20,000: requires at least three of any of the following: written response to request for proposal, written quotation, and also requires the prior express approval of the Town Board, except where such purchase has been approved by the Town Board via a specific line item in the budgeting process.

B. All estimated public work contracts of:

(1) Up to $2,500 of purchases: to be made at the discretion of an authorized purchaser.

(2) From $2,500.01 to $10,000: requires at least one of any of the following: written response to request for proposal, written quotation or verbal quotation.

(3) From $10,000.01 to $20,0000: requires at least two of any of the following: written response to request for proposal, written quotation or verbal quotation.

(4) From $20,000.01 to $35,000: requires at least three of any of the following: written response to request for proposal or written quotation, and also requires the prior express approval of the Town Board, except where such purchase has been approved by the Town Board via a specific line item in the budgeting process.

C. Inability to obtain quotes or locate qualified vendors for proposals: A good faith effort shall be made to satisfy the required number of quotes and/or proposals. However, if the purchaser is unable to satisfy the requirement for quotes and/or proposals, that purchaser shall document attempts made to meet that requirement. In no event shall the inability to meet the requirement for number of quotes and/or proposals be a bar to procurement where a good faith effort has been made by the purchaser.

D. Documentation required:

(1) Any request for proposal shall sufficiently describe the requirements of the contract or the desired goods, quantity of goods and particulars of delivery. The purchaser shall compile and keep a list of all vendors/service providers from whom written or verbal quotations have been received and/or requested.

(2) All information gathered in complying with the methods and/or procedures set forth in this chapter shall be preserved and filed with the documentation supporting the purchasing activity.

E. Payment. Claims for payment shall be audited by the Town Board pursuant to New York Town Law § 119 prior to payment thereof.

F. Status. The Finance Department shall have KVS access available to departments for their clerks to process their monthly report to each department head, committee chair and board Chair, setting forth available budget monies and monthly expenses.

G. Tracking. The Finance Department shall have KVS access available to each department so their clerks can have and provide to their department head, board chair and committee chair documentation which tracks the progress of and completion of procurement expenditures.

H. Standardization. Upon resolution, the Town may standardize a particular contract by establishing, for example, a particular kind or brand of equipment, materials or supplies required for reasons of efficiency or economy. The basis for the standardization shall be set forth in such resolution.

§ 39-5 Award to lowest responsible bidder or on basis of best value.

A. Lowest responsible bidder. Unless awarded on the basis of best value, as further specified herein, where a purchase or contract is subject to competitive bidding, the lowest responsible quote shall be awarded 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.

B. Best value. A contract may be awarded on the basis of best value for 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) as authorized in § 103 of the General Municipal Law and as defined in § 163 of the State Finance Law, and as more specifically set forth below.

(1) Pursuant to the New York State Finance Law, "best value" shall be the contract which optimizes quality, cost and efficiency among responsive and responsible offerers.

(2) Where a bid is awarded based upon best value, the basis for such award shall be documented and shall reflect, wherever possible, objective and quantifiable analysis.

§ 39-6 Exceptions; circumstances not requiring competitive bidding.

Except where directed by the Town Board or as specified herein, compliance with the competitive bidding process set forth in New York General Municipal Law shall not be required under the following circumstances (These circumstances shall be known as "exceptions" to this chapter.):

A. Acquisition of professional services.

B. Emergencies.

C. Procurement for which there is no viable alternative or competition, also known as "sole source" situations.

D. Goods purchased from agencies for the blind or severely handicapped.

E. Goods purchased from a correctional facility.

F. Goods purchased through a county contract.

G. Goods purchased through a state contract.

H. Goods purchased through another governmental agency, including federal, local governments, and schools or BOCES.

I. Goods purchased at an auction.

J. Surplus/secondhand materials, supplies and equipment from certain other governments.

K. Goods or contracts for which the expenditure is so little that solicitation of quotes would be cost prohibitive.

L. Where the requirement of quotes/proposals would violate New York law.

M. Goods purchased for less than $1,500.

N. Public Works contracts for less than $2,500.

O. Piggybacking. The purchase of apparatus, materials, equipment and supplies, or a contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein, all as more particularly set forth in General Municipal Law § 103(16).

(1) In order for this to qualify as a valid exception to competitive bidding, the underlying original contract must have been made available to other governmental agencies and must have been let to the lowest responsible bidder or via best value, consistent with New York General Municipal Law § 103(16).

§ 39-7 Credit card purchases.

The Town Board recognizes that the use of a credit card is necessary for the purchase of goods from vendors with whom the Town of Victor does not have accounts, on C.O.D. items, or travel expenses. Therefore, refer to Resolution No. 182-10 for the Town of Victor Credit Card Policies and Procedures[1] for proper use of the Town's credit cards for purchases.

[1] Editor's Note: Resolution No. 182-10 is on file in the Town offices.

§ 39-8 Authorized purchasers.

The Town Board authorizes the following Town employees or officers ("purchasers") currently holding the following positions to make purchases on behalf of the Town of Victor in accordance with this chapter:

A. Town Supervisor.

B. Deputy Supervisor.

C. Town Clerk.

D. Fiscal Manager.

E. Highway Superintendent.

F. Deputy Highway Superintendent.

G. Director of Parks and Recreation.

H. Town Assessor.

I. Town Justice.

J. IT Department Head.

K. Town Historian.

L. Director of Development.

M. Economic Developer.

§ 39-9 Annual review.

This chapter shall be reviewed annually by the Town Board.