This chapter sets forth the policies and procedures
of the Town of Binghamton to meet the requirements of General Municipal
Law § 104-b.
Goods and services which are not required by
law to be procured pursuant to competitive bidding must be procured
in a manner so as to assure the prudent and economical use of public
moneys 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. To further these objectives, the
governing board is adopting internal policies and procedures governing
all procurements of goods and services which are not required to be
made pursuant to the competitive bidding requirements of General Municipal
Law § 103 or of any other general, special or local law.
The procedures for determining whether a procurement
of goods and services is subject to competitive bidding and documenting
the basis for any determination that competitive bidding is not required
by law is as follows:
A. Procedure. The department head and the fiscal officer
will review all purchases over the amount of $9,999 to determine if
the item being purchased is subject to competitive bidding.
B. Documentation. Bids are to be filed with the Town
Clerk.
[Amended 4-15-2003 by L.L. No. 1-2003]
Except for procurements made pursuant to General
Municipal Law § 103, Subdivision 3 (through county contracts),
or § 104 (through state contracts), Correction Law § 186
(articles manufactured in correctional institutions) or the items
excepted herein (see below), alternative proposals or quotations for
goods and services shall be secured by use of written requests for
proposals, written quotations, verbal quotations or any other method
of procurement which furthers the purposes of General Municipal Law § 104-b.
Documentation of actions taken in connection
with each such method of procurement is required as follows:
A. Purchase order: copy to be attached to voucher.
B. Telephone quotes: quote form to be attached to voucher.
C. Written quotes: all three quotes to be filed with
voucher.
Whenever any contract is awarded to other than
the lowest responsible dollar offerer, the reasons such an award furthers
the purpose of General Municipal Law § 104-b as set forth
hereinabove shall be documented as follows: written explanation from
department head.
The Board sets forth the following circumstances
when, or types of procurements for which, in the sole discretion of
the governing body, the solicitation of alternative proposals or quotations
will be in the best interest of the Town of Binghamton:
A. State and county contracts.
B. Emergencies and disasters.
E. Professional services, where a contract for services
exists.
Comments concerning the policies and procedures
shall be solicited from officers of the political subdivision or district
therein involved in the procurement process prior to the enactment
of the policies and procedures and will be solicited from time to
time hereafter.
The governing board shall annually review these
policies and procedures. The chief fiscal officer shall be responsible
for conducting an annual review of the procurement policy and for
an evaluation of the internal control structure established to ensure
compliance with the procurement policy.
The unintentional failure to fully comply with
the provisions of General Municipal Law § 104-b shall not
be grounds to void action taken or give rise to a cause of action
against the Town of Binghamton or any officer or employee thereof.