Town of Cobleskill, NY Chapter 32 Procurement Policy

[HISTORY: Adopted by the Town Board of the Town of Cobleskill 5-11-1992. Amendments noted where applicable.]

§ 32-1 Step 1: Analyze the proposed procurement.

Generally, the official responsible for making the particular procurement will make the initial determination of whether competitive bidding is required. Said individual shall consider the following in making his or her determination:

A. Is it expected that over the course of the fiscal year, the Town will spend in excess of the competitive bidding thresholds for the same or similar item of service (e.g., checking budgetary appropriation; prior year's expenditures).

[Amended 10-3-2011 by L.L. No. 2-2011]

B. In the case of an emergency, analyzing that the statutory criteria are met.

C. In the case of a lease, analyzing that a document is a true lease and not an installment purchase contract.

D. In the case of a sole source, verifying that the item is required in the public interest and has no reasonable equivalent and is in fact available from only one source.

E. In the case of a combination of professional services and a purchase, analyzing whether the professional service is the predominant part of the transaction and is integrated with the purchase.

F. Legal counsel should be consulted with any questions regarding the applicability of competitive bidding requirements as appropriate.

G. All purchases shall be approved by the Town Board at its regular meeting.

§ 32-2 Step 2: Identifying the method of competition to be used for non-bid procurements.

A. Purchase contracts below $10,000.

(1) Under $1,500: zero verbal quotes required.

(2) Between $1,500 and $9,999.99: at least two written quotes required.

B. Contracts for public work below $20,000.

(1) Under $1,500: no verbal quote required.

(2) Between $1,500 and $19,999: at least two written quotes required.

C. Emergencies.*

D. Insurance: at least two written quotes required.

E. Professional services.*

F. True leases: three written quotes required.

G. Secondhand equipment from other governments.*

H. Sole source.*

* Note	The methods of solicitation for these types of procurements may vary depending on the circumstances encountered. Every effort should be made to ensure that the procurement or method of seeking competition is in the best interest of the Town. All procurements shall be approved by the entire Town Board. For those items not subject to competitive bidding, such as professional services, emergencies, purchases under state or county contracts or procurements from sole sources, documentation should include a memo to the file which details why the procurement is not subject to competitive bidding and include:
1.	A description of the facts giving rise to emergency and that they meet the criteria.
2.	A description of the professional services.
3.	Copies of state or county contracts.
4.	Opinions of municipal attorney.
5.	A description of sole source items and how such determinations were made.
In summary, documentation should show the category of procurements that is being made.

§ 32-3 Step 3: Documenting actions for non-bid procurements.

A. Verbal quotations. The telephone log or other record should record, at a minimum: date, item or service desired, price quoted, name of vendor, name of vendor's representative.

B. Written quotations. Vendors should provide, at a minimum: date, description of item of service to be provided, price quoted, name of contract.

§ 32-4 Step 4: Procurements from other than lowest responsible dollar offer.

Any time a purchase is made from other than the lowest responsible vendor or contractor submitting a quotation or proposal, there must be justification and documentation of the reason why the purchase was in the best interest of the governmental unit and otherwise furthers the purposes of General Municipal Law § 104-b.

§ 32-5 Step 5: Town Board exceptions.

A. Pursuant to the authority of General Municipal Law § 104-b, Subdivision 2, Paragraph f, the Town Board shall have the authority to set forth any circumstances when or types of procurements for which, in its sole discretion, the solicitation of alternate proposals or quotations will not be in the best interest of the Town.

B. The number of such circumstances shall be limited and only where justified. A list of examples of such instances is as follows:

(1) Emergencies.

(2) Sole source items.

(3) Procurements and professional services, which, because of the confidential nature of the service, do not lend themselves to procurement through solicitation.

(4) Small procurements for which solicitations of competition would not be cost effective.

§ 32-6 Step 6: Soliciting input.

Those making purchases and involved in the procurement process are encouraged to bring their comments for change before the Town Board at any time.

§ 32-7 Step 7: Updating policies and procedures.

The Town Board shall annually review its policies and procedures.

§ 32-8 Step 8: Unintentional failure to comply.

Pursuant to General Municipal Law § 104-b, Subdivision 5, the unintentional failure to fully comply with the provisions of § 104-b or the Town Board's policies and procedures should not be grounds to void action taken or give rise to a cause of action against the Town or any officer or employee thereof.