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]
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.
[Added 3-12-2013 by L.L. No. 2-2013]
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.
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.
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.