[HISTORY: Adopted by the Town Board of the Town of Cicero 1-23-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Purchasing — See Ch. 39.
[1]
Editor’s Note: This local law also superseded former Ch. 38, Procurement Policy, consisting of Art. I, Method and Procedure for Nonbid Procurements, adoped 3-9-1992, amended in its entirety 2-14-2000; and Article II, Best Value Competitive Billing, adopted 3-26-2014 by L.L. No. 1-2014.
To define policy and establish procedure for goods and services which are not required by law to be procured pursuant to competitive bidding, but must be procured in a manner so as to assure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. "Best Value" award methodology competitive bid process according to Section 103 of the General Municipal Law and defined in Section 163 of the State Finance Law and Local Law 1-2014 will be utilized.
NOTE: This policy sets forth the procedures of the Town of Cicero to meet the requirements of General Municipal Law, Section 104-b.
A. 
Each procurement made must be initially reviewed by each department head to determine whether it is a "purchase" or a "public work" contract. "Purchase" contracts involve the acquisition of commodities, materials, supplies or equipment, while contracts for "public work" involve services, labor or construction.
B. 
Purchases of equipment over $5,000 will be classified as equipment and will be recorded in the fixed asset register maintained in the Town Clerk's Office.
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 pursuant to General Municipal Law Section 103.
A. 
Purchase contracts.
(1) 
All estimated purchases of less than $20,000 but greater than $10,000 require a request for proposal (RFP) and written quotes from three vendors and must have Town Board approval. All documentation, including the RFP and quotes, shall be filed in a separate procurement folder with the appropriate justification for the successful bidder and identified by purchase order number.
(2) 
All estimated purchases of less than $10,000 but greater than $5,000 require an oral request for the goods and services and written quotes from three vendors, and Town Board approval.
(3) 
All estimated purchases of less than $5,000 are left to the discretion of the Department Head of the department purchasing the item, provided that the appropriate budgetary line item supports said purchase.
B. 
Public works contracts.
(1) 
All estimated public works contracts of less than $35,000 but greater than $10,000 require a written request for proposal (RFP) and written proposals from three contractors and Town Board approval.
(2) 
All estimated public works contracts of less than $10,000 but greater than $5,000 require written proposals with Town Board approval.
(3) 
All estimated public works contracts of less than $5,000 are left to the discretion of the Department Head of the department purchasing the item, provided that the appropriate budgetary line item supports and purchase.
C. 
Documentation.
(1) 
Any written request for proposal (RFP) shall describe the desired goods, quantity, and particulars of delivery. The purchaser shall compile a list of all vendors whom written quotes have been requested and the written quotes that have been offered.
(2) 
All documentation and explanation is required whenever a contract is awarded to other than the lowest responsible offer. All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase.
A. 
The lowest responsible proposal or quote shall be awarded the purchase unless the purchaser prepares a written justification and said justification is approved by the Department Head, 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. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
B. 
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.
C. 
"Best Value" Competitive Bidding Law - Local Law 1-2014. Using best value award methodology competitive bid process according to Section 103 of the General Municipal Law and defined in Section 163 of the State Finance Law, "best value" is defined as "the basics for awarding contracts for services to the offeror which optimizes quality, cost and efficiency, among responsive and responsible offerors."
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Emergencies.
B. 
Acquisition of professional services.
C. 
Sole source situations, where documented.
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, not exceeding $10,000.
H. 
Procurements less than $5,000.
I. 
Purchases from state or county contract General Municipal Law § 103(16) "Piggyback" Law.
This policy shall be reviewed annually by the Town of Cicero Town Board at its annual organizational meeting or as soon as possible thereafter as is reasonably practicable.