[HISTORY: Adopted by the Town Board of the Town of Waterford 7-7-1992; amended in
its entirety 9-7-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
Every prospective purchase of goods or services shall be evaluated
to determine the applicability of General Municipal Law § 103.
Every Town officer, board, department head or other personnel with
the requisite purchasing authority (hereinafter "purchaser") shall
estimate the cumulative amount of the items of supply or equipment
needed in a given fiscal year. That estimate shall include the canvass
of other Town departments and past history to determine the likely
yearly value of the commodity to be acquired. The information gathered
and conclusions reached shall be documented and kept with the file
or other documents supporting the purchase activity.
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 § 103.
A.
All estimated purchases of:
(1)
Less than $20,000 but greater than $5,000 require a written request
for a proposal (RFP) and written/fax quotes from three vendors.
(2)
Less than $5,000 but greater than $1,000 require an oral request
for the goods and oral/fax/email quotes from two vendors.
(3)
Less than $1,000 are left to the discretion of the purchaser.
B.
All estimated public works contracts of:
C.
Any written RFP shall describe the desired goods, quantity and the
particulars of delivery. The purchaser shall compile a list of all
vendors from whom written/fax/oral quotes have been requested and
the written/fax/oral quotes offered.
D.
All information gathered in complying with the procedures of this
section shall be preserved and filed with the documentation supporting
the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall be awarded the
purchase or public works contract unless the purchaser prepares a
written justification 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 the
judgment shall also be documented and filed with the record supporting
the procurement.
A good faith effort shall be made to obtain the required number
of 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.
Except when directed by the Town Board, no solicitation of written
proposals or quotations shall be required under the following circumstances:
A.
Acquisition of professional services or services requiring special
or technical skill, training or expertise.
B.
Emergency purchases pursuant to § 103, Subdivision 4, of
General Municipal Law.
C.
Sole-source situations.
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 or as surplus or secondhand.
H.
Goods purchased for less than $1,000.
I.
Public works contracts for less than $1,000.
J.
Goods purchased under New York State contract or purchased through
the state procurement process known as "piggybacking" on another state,
county or local agency contract.
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.
The Town Board hereby establishes a policy requiring a purchase
order number be assigned to all purchases exceeding $25.
