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 (hereafter
"purchaser") shall estimate the cumulative amount of the items of
supply 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 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.
[Amended 1-3-2011 by Res. No. 11-2011; 1-5-2015 by Res. No. 10]
Competitive bidding is required if the reasonably expected Townwide
aggregate will exceed the threshold amounts of $20,000 for purchases
of the same commodities, supplies and equipment, or $35,000 for public
works contracts, within 12 months of the date of the planned purchase.
The lowest responsible proposal or quote shall
be awarded the purchase of 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 bid. 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 will 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 solicitation
of written proposals or quotations shall be required under the following
circumstances:
A. Acquisition of professional services or services requiring
special or technical skill, training or expertise. If directed by
the Town Board to request proposals for professional services, the
Town Board reserves the right to contract with any responsible proposer
based on a determination that the selected proposal is more responsive
to the request for proposal and may negotiate with any proposer.
[Amended 1-6-2003; 1-7-2008 by Res. No. 20-2008]
B. Emergency purchases pursuant to § 103(4)
of General Municipal Law.
[Amended 1-6-2003]
D. Goods purchased from agencies for the blind or severely
handicapped.
E. Goods purchased from correctional facilities.
F. Goods purchased from another governmental agency.
G. Goods purchased as surplus or secondhand.
[Amended 1-6-2003]
H. Goods purchased for less than $250.
I. Public works contracts for less than $5,000.
J. Goods purchased under state contract.
[Added 1-6-2003]
K. Purchases of material, equipment or supplies, or to
contract for services (other than services subject to Article 8 or
9 of the Labor Law) through a contract established by any county in
the state.
[Added 1-5-2004]
L. Goods purchased from Federal General Services Administration Schedule
70 (information technology and telecommunications hardware, software
and professional services), e-government and defense supply contracts.
[Added 1-3-2012 by Res.
No. 9-2012]
M. Goods/services purchased from County Public Works contracts.
[Added 1-3-2012 by Res.
No. 9-2012]
N. Goods or services as may be required through the use of a contract
let by the United States of America or any agency thereof, any state
or any other county or political subdivision or district therein,
provided that such contract ("piggybacking") is let in a manner that
constitutes competitive bidding consistent with state law and made
available for use by other governmental entities.
[Added 1-7-2013 by Res. No. 10-2013]
O. Goods or
services, as may be required, through the use of a membership cooperative
purchasing organization in which the Town of Malta is allowed to participate,
provided that such contract is let in a manner that constitutes competitive
bidding consistent with state law and made available for use by other
governmental entities or members (“piggybacking”).
[Added 9-6-2021 by Res. No. 139]
[Added 9-3-1996; amended 1-6-2003; 1-7-2008 by Res. No.
20-2008]
The Town Board hereby establishes a policy requiring
an approved purchase order for all Town Hall, Court, and Parks and
Recreation Department expenditures exceeding $500.
[Amended 1-7-2013 by Res. No. 10-2013; 1-6-2014 by Res. No.
6-2014; 1-5-2015 by Res. No. 10; 1-8-2018 by Res. No. 21; 1-7-2019 by Res. No. 23; 1-6-2020 by Res. No. 22; 1-4-2021 by Res. No. 21; 1-3-2022 by Res. No. 20; 1-9-2023 by Res. No. 22]
In compliance with General Municipal Law § 104-b.2(f),
policies and procedures shall contain provisions which, among other
things, identify the individual or individuals responsible for purchasing
and their respective titles. Such information shall be updated annually.
The Town authorizes the following:
Department
|
Title
|
Name
|
---|
Town Board
|
Supervisor
|
Mark E. Hammond
|
Comptroller
|
Comptroller
|
Julia Smith
|
Comptroller
|
Account Clerk
|
Meagan Conley Deborah Tanski
|
Building and Planning
|
Building and Planning Director
|
Jaime O'Neill
|
Buildings and Grounds
|
Buildings Maintenance
|
Terry Barnes Kevin Thull, John Silverstruck
|
Town Clerk
|
Town Clerk
|
Jennifer Holmes
|
Tax Receiver
|
Tax Receiver
|
Candace Schmidt
|
Assessor
|
Assessor
|
Rae Lyn Dussault
|
Highway
|
Highway Superintendent
|
Roger Crandall
|
Highway
|
Highway Account Clerk
|
Nancy Fodera
|
Highway
|
Working Supervisor
|
Brian Cline, Stephen Gori
|
Highway
|
Mechanic
|
Kevin Thompson, Richard McKeever
|
Court
|
Clerk to the Town Justice
|
Jennifer Miller
|
Parks and Recreation
|
Recreation Director
|
Kristan Gottmann
|
Youth
|
Youth Director
|
Barb Mazurak
|
Artistic
|
Artistic Director
|
Elyse Young
|
[Added 7-7-2014 by L.L.
No. 5-2014]
A. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
BEST VALUE
The basis upon which a contract may be awarded after a competitive
bid or competitive offer for the purchase of goods or services to
the bidder or offeror or which optimizes quality, cost and efficiency
among responsive and responsible bidders or offers. Such basis shall
reflect, wherever possible, objective and quantifiable analysis. Such
basis may also identify a quantitative factor for bidders or offerors
that are small businesses or certified minority- or women-owned business
enterprises, as defined in Subdivisions 1, 7, 15 and 20 of § 310
the Executive Law, to be used in evaluation of offers for awarding
of contracts for services. Factors that may be used to determine the
best value and to award a contract to other than the lowest bidder
are:
(1)
Cost of maintenance for good(s) or service(s);
(2)
Durability of good(s) or service(s);
(3)
Quality of good(s) or service(s); or
(4)
Product life of good(s) or service(s).
PURCHASING AGENT
The Town Comptroller, or other appropriate officer, board,
committee or agency of the Town of Malta, consistent with the purchasing
policy established (and as may be amended from time to time) by the
Town Board of the Town of Malta, to have the authority to award purchase
contracts on the basis of best value as defined herein.
B. The best
value award methodology. When developing solicitation documents for
competitive bids or competitive offers for the award of 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, the Purchasing Agent may, and subject
to the requirements herein and the applicable requirements set forth
in the Town's purchasing policy, determine that an award of a purchase
contract shall be based upon best value methodology. In making such
determination, the Purchasing Agent shall consider the recommendation,
if any, of the department head or designee of the department the purchase
contract is being procured for. The department head or designee shall,
in all instances, obtain the approval of the Purchasing Agent to utilize
best value methodology prior to issuance of the competitive bid or
competitive offer documents.
C. Requirements. Where the basis for an award
of a purchase contract will be the best value offer, the Purchasing
Agent shall, in all instances:
(1) Document
in the procurement record as a component of the competitive award
process and in advance of the initial receipt of offers the determination
of the evaluation criteria, which, whenever possible, shall be quantifiable,
and the process to be used in the determination of best value and
the manner in which the evaluation process and selection shall be
conducted; and
(2) Select
a formal competitive procurement process in accordance with guidelines
established under the Town's purchasing policy and document the determination
in the procurement record. The process of selection shall include,
but may not necessarily be limited to, a clear statement of need;
a description of the required specifications governing performance
and related factors; a reasonable process for ensuring a competitive
field; a fair and equal opportunity for offerors to submit responsive
offers; and a balanced and fair method of award. Where the basis for
the award is best value, documentation in the procurement record shall,
where practicable, include a quantification of the application of
the criteria to the rating of proposals and the evaluation results,
or, where not practicable, such other justification which demonstrates
that best value will be achieved.
(3) The
solicitation shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted. Where appropriate, the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criteria to be considered by the Town in its determination of best
value.
[Added 1-6-2020 by Res. No. 22]
A. Procurement
standards. The Town of Malta does not have a centralized grants department;
therefore, it is the responsibility of each department obtaining a
grant to administer, and be familiar with, all grant documents and
requirements. If it is a federal grant, the department should immediately
notify the Town of Malta Comptroller’s office. For purposes
of this policy, "department head' applies to the individual within
a given department who will be responsible for the grant. The Town
of Malta Comptroller’s office includes this information in completing
the Town’s single audit, if the Town meets the single audit
threshold. The department administering the grant shall monitor contractors
to ensure their performance is in accordance with the terms, conditions
and specifications of their contracts or purchase orders.
B. Uniform
guidance compliance supplement – general information. The following
financial policies have been separately reviewed and approved by the
Town of Malta Town Board. These policies are incorporated into this
section by reference. All of the policies below are applicable to
federal grants where appropriate:
(1) Town
of Malta Procurement Policy.
(2) Town of Malta Code of Ethics (Town Code Chapter
11).
(3) Affirmative
Action Policy (refer to Employment Policy/Employee Handbook).
C. Uniform
guidance compliance – procurement standards. The type of purchase
procedures required depends on the cost of the item(s) being purchased.
(Note: if the Town’s procurement policy is more restrictive
than the federal purchase methods below, departments must always follow
the most restrictive policy.) There are five methods of procurement:
(1) Micro-purchase.
Purchases where the aggregate dollar amount does not exceed $3,000
(or $2,000 if the procurement is construction and subject to Davis-Bacon).
When practical, the entity should distribute micro-purchases equitably
among qualified suppliers. No competitive quotes are required if management
determines that the price is reasonable.
(2) Small
purchase. Includes purchases up to the simplified acquisition threshold,
which is currently $150,000. Informal purchasing procedures are acceptable,
but price or rate quotes must be obtained from an adequate number
of sources.
(3) Sealed
bids (formal advertising).For purchases over $150,000, bids (Note:
Town requirements are $20,000 or above) are publicly solicited and
a firm fixed price contract (lump sum or unit price) is awarded to
the responsible bidder whose bid, conforming with all the material
terms and conditions of the invitation for bids, is the lowest in
price.
(a) The sealed bid method is the preferred method for procuring construction,
if the following conditions apply:
[1] A complete, adequate, and realistic specification or purchase description
is available;
[2] Two or more responsible bidders are willing and able to compete effectively
for the business; and
[3] The procurement lends itself to a firm fixed price contract and the
selection of the successful bidder can be made principally on the
basis of price
(b) If sealed bids are used, the following requirements apply:
[1] Bids must be solicited from an adequate number of known suppliers,
providing them sufficient response time prior to the date set for
opening the bids and the invitation for bids must be publicly advertised;
[2] The invitation for bids, which will include any specifications and
pertinent attachments, must define the items or services in order
for the bidder to properly respond;
[3] All bids will be opened at the time and place prescribed in the invitation
for bids and the bids must be opened publicly;
[4] A firm fixed price contract award must be made in writing to the
lowest responsive and responsible bidder.
(c) Where specified in bidding documents, factors such as discounts,
transportation cost, and life cycle costs must be considered in determining
which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are
usually taken advantage of. Any or all bids may be rejected if there
is a sound documented reason.
(4) Competitive
proposals. The technique of competitive proposals is normally conducted
with more than one source submitting an offer, and either a fixed
price or cost reimbursement type contract is awarded. It is generally
used when conditions are not appropriate for the use of sealed bids.
(a) If this method is used, the following requirements apply:
[1] Requests for proposals must be publicized and identify all evaluation
factors and their relative importance. Any response to publicized
requests for proposals must be considered to the maximum extent practical;
[2] Proposals must be solicited from an adequate number of qualified
sources; and
[3] Contracts must be awarded to the responsible firm whose proposal
is most advantageous to the program, with price and other factors
considered.
(b) The Town may use competitive proposal procedures for qualifications-based
procurement of architectural/engineering (A/E) professional services
whereby proposers' qualifications are evaluated and the most qualified
proposer is selected, subject to negotiation of fair and reasonable
compensation. The method, where price is not used as a selection factor,
can only be used in procurement of A/E professional services. It cannot
be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
(5) Noncompetitive
proposals (sole sourcing). Procurement by noncompetitive proposals
is procurement through solicitation of a proposal from only one source
and may be used only when one or more of the following circumstances
apply:
(a) The item is available only from a single source;
(b) The public exigency or emergency for the requirement will not permit
a delay resulting from competitive solicitation;
(c) The federal awarding agency or pass-through entity expressly authorizes
noncompetitive proposals in response to a written request from the
Town; or
(d) After solicitation of a number of sources, competition is determined
inadequate.
D. Contract/price
analysis:
(1) The
Town performs a cost or price analysis in connection with every procurement
action in excess of $150,000, including contract modifications [2
CFR 200.323(a)]. A cost analysis generally means evaluating the separate
cost elements that make up the total price, while a price analysis
means evaluating the total price, without looking at the individual
cost elements.
(2) The
method and degree of analysis is dependent on the facts surrounding
the particular procurement situation; however, the Department Head
must come to an independent estimate prior to receiving bids or proposals
[2 CFR 200.323(a)].
(3) When
performing a cost analysis, the department head negotiates profit
as a separate element of the price. To establish a fair and reasonable
profit, consideration is given to the complexity of the work to be
performed, the risk borne by the contractor, the contractor’s
investment, the amount of subcontracting, the quality of its record
of past performance, and industry profit rates in the surrounding
geographical area for similar work [2 CFR 200.323(b)].
(4) The
cost plus a percentage of cost and percentage of construction cost
methods of contracting must not be used.
E. Full and
open competition. All procurement transactions shall be conducted
in a manner providing full and open competition consistent with 2
CFR 200.319. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or
draft specifications, requirements, statements of work, or invitations
for bids or requests for proposals must be excluded from competing
for such procurements.
F. Solicitation
language.
(1) The
Town shall ensure that all solicitations incorporate a clear and accurate
description of the technical requirements for the material, product,
or service to be procured. Such description must not, in competitive
procurements, contain features which unduly restrict competition.
The description may include a statement of the qualitative nature
of the material, product or service to be procured and, when necessary,
must set forth those minimum essential characteristics and standards
to which it must conform if it is to satisfy its intended use. Detailed
product specifications should be avoided if at all possible.
(2) When
it is impractical or uneconomical to make a clear and accurate description
of the technical requirements, a “brand name or equivalent”
description may be used as a means to define the performance or other
salient requirements of procurement. The specific features of the
named brand which must be met by offers must be clearly stated; and
identify all requirements which the offerors must fulfill and all
other factors to be used in evaluating bids or proposals [2 CFR §200.319(c)].
G. Geographical
preferences prohibited. The Town shall conduct procurements in a manner
that prohibits the use of statutorily or administratively imposed
state, local, or tribal geographical preferences in the evaluation
of bids or proposals, except in those cases where applicable federal
statutes expressly mandate or encourage geographic preference. When
contracting for architectural and engineering (A/E) services, geographic
location may be a selection criterion provided its application leaves
an appropriate number of qualified firms, given the nature and size
of the project, to compete for the contract.
H. Prequalified
lists. The Town shall ensure that all prequalified lists of persons,
firms, or products which are used in acquiring goods and services
are current and include enough qualified sources to ensure maximum
open and free competition. Also, the Town must not preclude potential
bidders from qualifying during the solicitation period.
I. Full and
open competition. All procurement transactions must be conducted in
a manner providing full and open competition consistent with 2 CFR
200.319. In order to ensure objective contractor performance and eliminate
unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, or invitations for bids or requests
for proposals must be excluded from competing for such procurements.
J. Avoiding
acquisition of unnecessary or duplicative items. The Town shall avoid
the acquisition of unnecessary or duplicative items. Additionally,
consideration is given to consolidating or breaking out procurements
to obtain a more economical purchase. And, where appropriate, an analysis
must be made of leases versus purchase alternatives, and another other
appropriate analysis to determine the most economical approach. These
considerations are given as part of the process to determine the allowability
of each purchase made with federal funds.
K. Use of
intergovernmental agreements To foster greater economy and efficiency,
the Town enters into state and local intergovernmental agreements
where appropriate for procurement or use of common or shared goods
and services.
L. Use of
federal excess and surplus property The Town considers the use of
federal excess and surplus property in lieu of purchasing new equipment
and property whenever such use is feasible and reduces project costs.
M. Debarment
and suspension.
(1) The
Town awards contracts only to responsible contractors possessing the
ability to perform successfully under the terms and conditions of
a proposed procurement. Consideration will be given to such matters
as contractor integrity, compliance with public policy, record of
past performance, and financial and technical resources.
(2) The
Town may not subcontract with or award subgrants to any person or
company who is debarred or suspended. For all contracts over $25,000
for commodities, and $35,000 for public works, the Town verifies that
the vendor with whom the Town intends to do business with is not
excluded of disqualified [2 CFR Part 200, Appendix II (1) and 2 CFR
§§ 180.220 and 180.300]. This is done by the department
head by checking on sam.gov and by completing the Vendor Responsibility
Questionnaire.
N. Maintenance
of procurement records. The Town shall maintain records sufficient
to detail the history of all procurements. These records will include,
but are not necessarily limited to the following: rationale for the
method of procurement, selection of contract type, contractor selection
or rejection, the basis for the contract price (including a cost or
price analysis), and verification that the contractor is not suspended
or debarred (to be supplied by the Department Head, as described above).
O. Settlements
of issues arising out of procurements. The Town alone is responsible,
in accordance with good administrative practice and sound business
judgment, for the settlement of all contractual and administrative
issues arising out of procurements. These issues include, but are
not limited to, source evaluation, protests, disputes, and claims.
These standards do not relieve the Town of any contractual responsibilities
under its contracts. Violations of law will be referred to the local,
state, or federal authority having proper jurisdiction.
P. Protest
procedures to resolve dispute. The Town maintains protest procedures
to handle and resolve disputes relating to procurements and, in all
instances, discloses information regarding the protest to the awarding
agency.
Q. Standards
of conduct. In accordance with 2 CFR §200.18(c)(1), the Town
maintains the following standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the
selection, award and administration of contracts.
(1) No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he
or she has a real or apparent conflict of interest. Such a conflict
of interest would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the parties indicated herein,
has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract.
(2) The
officers, employees, and agents of the Town may neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors
or parties to subcontracts, unless the gift is an unsolicited item
of nominal value.
R. Bonding
requirements of 2 CFR 200.325. For construction or facility improvement
contracts or subcontracts exceeding the simplified acquisition threshold,
the Town shall require:
(1) A bid
guarantee from each bidder equivalent to 5% of the bid price.
(2) A performance
bond on the part of the contractor for 100% of the contract price.
(3) A payment
bond on the part of the contractor for 100% of the contract price.
S. Contract
provisions of 2 CFR 200.326. The Town’s contracts will contain
the applicable provisions described in Appendix II to Part 200.
[Added 1-3-2022 by Res. No. 20]
Deposits/advance payments for goods and services will not be
made except in limited circumstances authorized by the Town Supervisor
due to the unusual nature of the goods or services and for which there
is a written contract and/or where the deposit/advance payment is
minimal compared to the total values of the goods or services. This
provision does not prevent the use of a Town credit card to secure
or authorize a transaction.