Town of Manchester, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Manchester 5-12-1992 (Ch. 43 of the 1989 Code). Amendments noted where applicable.]
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 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 3-12-2013 by L.L. No. 2-2013]
All contracts for public work involving an expenditure of more than $35,000 and all purchase contracts involving an expenditure of more than $20,000 shall be formally bid pursuant to New York State General Municipal Law § 103, as amended.
[Amended 3-12-2013 by L.L. No. 2-2013]
A. 
Purchases.
(1) 
All estimated purchases of less than $20,000 but greater than $6,000 require a written request for a proposal (RFP) and written, faxed or electronically mailed quotes from three vendors.
(2) 
All estimated purchases of less than $6,000 but greater than $2,000 require an oral request for the goods and oral, written, faxed or electronically mailed quotes from two vendors.
(3) 
All estimated purchases of less than $2,000 are left to the discretion of the purchaser.
B. 
Public works contracts.
(1) 
All estimated public works contracts of less than $35,000 but greater than $20,000 require a written RFP and written, faxed or electronically mailed proposals from three contractors.
(2) 
All estimated public works contracts of less than $20,000 but greater than $3,000 require a written RFP and written, faxed or electronically mailed proposals from two contractors.
(3) 
All estimated public works contracts of less than $3,000 are left to the discretion of the purchaser.
C. 
Any written RFP shall describe the goods, the quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written, faxed, oral or electronically mailed quotes have been requested and written, faxed, oral or electronically mailed quotes offered. All information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
[Added 3-12-2013 by L.L. No. 2-2013[1]]
A. 
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 New York State Labor Law, may be awarded on the basis of best value, as that term is defined in § 163 of the New York State Finance Law, to a responsive and responsible bidder or offerer in the manner provided by § 103 of the state General Municipal Law.
B. 
Quotes or proposals received pursuant to § 60-3 of this chapter may also be awarded on the basis of best value, as that term is defined in § 163 of the New York State Finance Law, to a responsive and responsible person or entity submitting the quote or proposal.
[1]
Editor's Note: This local law also repealed former § 60-4, Award of purchase or contract.
[Added 3-12-2013 by L.L. No. 2-2013[1]]
If a contract, quote or proposal is not awarded on basis of best value, as authorized by § 60-4 of this chapter, the lowest responsible bidder, pursuant to § 60-2 of this chapter and § 103 of the New York State General Municipal Law, or the person or entity submitting the lowest responsible quote or proposal, pursuant to § 60-3 of this chapter, shall be awarded the purchase or 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 bidder or the person or entity submitting the low quote or proposal. If a bidder or a person or entity submitting a quote or proposal is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement. In cases where two or more responsible bidders furnishing the required security or two or more persons or entities submitting quotes or proposals submit identical bids, quotes or proposals as to price, the purchaser may award the contract to any of such bidders or persons or entities submitting quotes or proposals.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 60-5, 60-6, and 60-7 as §§ 60-6, 60-7, 60-8, respectively.
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.
H. 
Goods purchased for less than $250.
I. 
Public works contracts for less than $500.
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.