[HISTORY: Adopted by the Town Board of the
Town of Cobleskill 5-11-1992. Amendments noted where applicable.]
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.
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
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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:
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1.
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A description of the facts giving rise to emergency
and that they meet the criteria.
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2.
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A description of the professional services.
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3.
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Copies of state or county contracts.
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4.
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Opinions of municipal attorney.
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5.
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A description of sole source items and how such
determinations were made.
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In summary, documentation should show the category
of procurements that is being made.
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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.
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.
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:
Those making purchases and involved in the procurement
process are encouraged to bring their comments for change before the
Town Board at any time.
The Town Board shall annually review its policies
and procedures.
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.