Town of Ghent, NY
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ghent as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-1998]
Every prospective purchase of goods or services shall first be evaluated to determine the applicability of § 103 of the General Municipal Law. Every Town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter referred to as the "purchaser") shall estimate the cumulative amount of the items of supply or equipment needed in any 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 6-19-2014 by L.L. No. 2-2014]
All purchases of supplies or equipment which will exceed $20,000 in the fiscal year or public works contracts over $35,000 shall be formally bid in accordance with the provisions of § 103 of the General Municipal Law.
[Amended 6-19-2014 by L.L. No. 2-2014]
A. 
All estimated purchases of:
(1) 
Less than $20,000 but greater than $10,000 shall require a written request for a proposal (RFP) and written/fax quotes from three vendors.
(2) 
Less than $10,000 but greater than $3,000 shall require an oral request for the goods and an oral/fax quote from two vendors.
(3) 
Less than $3,000 shall be left to the discretion of the purchaser.
B. 
All estimated public works contracts of:
(1) 
Less than $35,000 but greater than $15,000 shall require a written request for a proposal and a written/fax proposal from three contractors.
(2) 
Less than $15,000 but greater than $5,000 shall require a written request for proposals and written/fax proposals from two contractors.
(3) 
Less than $5,000 shall be left to the discretion of the purchaser.
C. 
Any written request for a proposal shall describe the desired goods the quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered. All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
[Amended 6-19-2014 by L.L. No. 2-2014]
The Town of Ghent is authorized to award purchase contracts and/or contracts for services as referenced herein on the basis of either the lowest responsible bidder or "best value" as defined by § 163 of the New York State Finance Law. The "best value" option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder due to factors such as lower cost of maintenance, durability, higher quality, availability and longer product life.
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 solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Acquisition of professional services.
B. 
Emergencies.
C. 
Sole source situations.
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 at auction.
[1]
Editor’s Note: Former § 44-7, Annual review of policy, was repealed 6-19-2014 by L.L. No. 2-2014.
[Adopted 6-19-2014 by L.L. No. 1-2014]
The Town Board of the Town of Ghent seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, which amendment authorizes the Town to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either lowest responsible bidder or "best value," as defined in § 163 of the New York State Finance Law. The best value option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder due to factors such as lower cost of maintenance, durability, higher quality, availability and longer product life.
Generally, Municipal Law § 103, Subdivision 1, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, provides that municipalities may award public contracts subject to competitive bidding on the basis of either lowest responsible bidder or on the basis of "best value," as defined in § 163 of the New York State Finance Law.
As used in this article, the following terms shall have the meanings indicated:
BEST VALUE
The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offers that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services.
RESPONSIBLE OR RESPONSIBILITY
The financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements.
RESPONSIVE
A bidder or other offerer meeting the minimum specifications or requirements as prescribed in a solicitation for commodities or services by a state agency.
The provisions of this article apply to purchase contracts involving an expenditure of more than $20,000 and contracts for services involving an expenditure of more than $35,000 but exclude purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
The determination of the basis of award shall be made on a case-by-case basis pursuant to the best interests of the Town of Ghent, in consultation with the Town Board and such other public officials, agents or employees of the Town as the Town Board shall determine.
In each case, bidders shall be provided with sufficient notice of the basis upon which each particular contract will be awarded. Such notice shall be contained in the bid documents. When a contract is to be awarded on the basis of best value, the bid documents shall clearly indicate each factor to be considered.
Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be documented.