[HISTORY: Adopted by the Town Board of the Town of Williamson 4-12-2011. Amendments noted where applicable.]
Editor's Note: This resolution also superseded former Ch. 35, Procurement Policy, adopted 4-13-2010.
The Town of Williamson does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid.
The Town Supervisor, Town Clerk, Highway Superintendent, Justices, Chief Water Plant Operator, Chief Wastewater Treatment Plant Operator and Outside Working Foreman will be responsible for purchases for their departments which are not governed by competitive bidding regulations. It will be left to their discretion in designating who can purchase for their department.
All purchases will comply with all applicable laws of the State of New York.
Every purchase made will be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good-faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.
The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law:
Purchase contracts under $20,000 and public works contracts under $35,000;
Certain municipal hospital purchases;
Goods purchased from agencies for the blind or severely handicapped;
Goods purchased from correctional institutions;
Purchases under state and county contracts; and
Surplus and second-hand purchases from another government entity.
In accordance with General Municipal Law § 103, competitive bids will be sought for purchase contracts of $20,000 or more and public works contracts of $35,000 or more.
"Purchase contracts" applies to procurement of commodities.
"Contracts for public works" encompasses contracts for services, labor or construction.
When a contract involves acquisition of both goods and services such as a purchase that requires installation, the contract should be viewed as a goods purchase for the purpose of determining the competitive bidding monetary threshold if the services are minor, incidental, or customarily provided by the vendor as a component of the purchase. Conversely, if the services are extensive, substantial or involve specialized skills so that the acquisition of the goods is incidental to the work, the contract should be treated as a contract for public works.
Competitive bidding is required when it is known or reasonably anticipated that the amount to be spent on purchases of an item will exceed the dollar threshold over the course of a fiscal year.
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts under $20,000 and public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases pursuant to § 35-13 of this policy.
The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written, fax or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, or a memo from the purchaser detailing the circumstances which led to an emergency purchase.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to § 35-13 of this policy will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided.
A good-faith effort shall be made to obtain the required number of alternate proposals. If the purchaser is unable to obtain the required number of alternate proposals, the purchaser will document the attempt made at obtaining the proposals. But, in no event shall the failure to obtain the proposals be a bar to the procurement.
Documentation and an explanation are required whenever a contract is awarded to other than the lowest possible offeror. This documentation will include an explanation of how the award will achieve savings. The purchaser will be responsible for determining if the offeror is responsible.
In the following circumstances it is not in the best interests of the Town of Williamson to solicit quotations or document the basis for not accepting the lowest bid. In these circumstances, the individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, moral worth, and the ability to have a close relationship with the governing body. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of the services are such that they do not readily lend themselves to competitive procurement procedures. The citizens of the municipality deserve the benefit of expertise in these types of services as it may ultimately save the taxpayers money.
Services of an attorney.
Services of a physician.
Technical services of an engineer engaged to prepare plans, maps, and estimates.
Securing insurance coverage and/or services of an insurance broker.
Services of a certified public accountant.
Investment management services.
Printing services involving extensive writing, editing or art work.
Management of municipally owned property.
Computer software of programming services for customized programs, or services involved in substantial modification and customizing or repackaged software.
In addition, in the following situations it is not in the best interest of the municipality to secure alternate proposals because of the time required and the type of purchase.
Adequate documentation of all action taken in connection with each method of procurement as outlined herein will be maintained. Such documentation shall include but not be limited to any and all Board resolutions, memoranda, written/fax quotes, verbal quotes, requests for proposals, proposals, contracts and any other appropriate form of documentation.
Any and all procurement procedures not specifically covered in this policy will be adhered to as covered in General Municipal Law, § 104-b.
[Added 3-26-2013 by L.L. No. 2-2013]
Notwithstanding any other provision of this chapter with respect to purchase contracts (including contracts for purchase of service work), and pursuant to the provisions of General Municipal Law § 103(1), the Town of Williamson may award such purchase contracts to a responsive and responsible bidder or offer on the basis of "best value."