[HISTORY: Adopted by the Town Board of the Town of Kingston . Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 40.
[Adopted 2-16-2000 by Res. No. 2-16-2000]
Every purchase will be initially reviewed to determine:
A. 
The purchase is a purchase contract or a public works contract.
B. 
The purchase estimated cost does not make it subject to competitive bidding. Exempted items include: purchase contracts under $10,000; public works contracts under $20,000; emergency purchases; purchases under state or county contracts; and purchases from exempt organizations, such as correctional institutions, governmental entities, and agencies for the handicapped.
C. 
The appropriate documentation if it is determined that the purchase is not subject to competitive bidding. Such documentation may consist of written or verbal quotes from vendors; memo detailing the reasoning for the decision; or copy of contract indicating an exempt source.
All goods will be procured by:
A. 
Written requests for proposal (RFP);
B. 
Written quotations;
C. 
Verbal quotations; or
D. 
Any other method which assures that the goods will be purchased at the lowest evaluated cost. Exceptions are made for the exemptions noted under § 77-1.
A. 
The following method will be used as required by this policy in order to obtain the lowest evaluated cost:
Estimated Amount
Method
Purchase Contract
$250 to $2,999
2 verbal quotations
$3,000 to $9,999
2 written quotations or written RFP
Public Works Contract
$250 to $2,999
2 verbal quotations
$3,000 to $4,999
2 written quotations
$5,000 to $19,000
3 written quotations or written RFP
B. 
Every effort shall be made to obtain the required number of proposals or quotations, but the failure to obtain such quotations or proposals shall not prohibit the procurement. The minutes of the Town Board shall document the efforts to obtain and the response received to requests for proposals and quotations.
Should a contract be awarded to other than the lowest responsible bidder, the reasons for the decision shall be documented. The lowest evaluated cost shall take into account such factors as previous performance of the vendor, delivery schedule, operating savings, maintenance costs, etc. Should a vendor be determined not to be responsible by the Board, such decision is final and not subject to challenge.
Pursuant to General Municipal Law § 104-b(2)(g), certain special circumstances will permit the Board to dispense with the requirement to obtain alternate quotes or proposals. Examples of circumstances where it may not be in the best interest of the Town of Kingston to obtain alternate quotes or to accept the lowest bid are:
A. 
Professional services and/or services requiring special skills, training, or expertise. Typically, services falling into this category are subject to state licensing or testing requirements; require substantial formal education or training to perform; or require a personal relationship between the individual and the Town of Kingston. Examples include, but are not limited to, doctors, lawyers, accountants, engineers, surveyors, insurance brokers, computer software suppliers, and printing firms.
B. 
Emergency purchases pursuant to § 103(4) of the General Municipal Law. For this provision to apply, the goods or service must be needed immediately. Any delay to attempt to obtain alternate quotes would threaten life, health, safety, or welfare of the residents of the Town of Kingston.
C. 
Purchase of surplus or secondhand goods from any source.
D. 
Goods or services under $500.
This policy shall be effective retroactively to January 1, 2000, and shall be reviewed by the Board annually at the Organizational Meeting.
[Adopted 7-6-2016 by L.L. No. 3-2016]
New York General Municipal Law § 103, Subdivision 1, allows the Town to authorize, by local law, the award of certain purchase contracts (including contracts for services) subject to competitive bidding under General Municipal Law § 103 on the basis of "best value" as defined in § 163 of the New York State Finance Law. The "best value" option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offerer if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
The Town Board may award purchase contracts, including contracts for services, on the basis of best value, as that term is defined in New York State Finance Law § 163. All awards based on best value shall require Town Board approval.
The provisions of this chapter apply to Town purchase contracts, including contracts for services, involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
Goods and services procured and awarded on the basis of best value are those that the Town Board determines optimize quality, cost and efficiency, among responsive and responsible bidder or offerors. Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers. The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; longer product life; product performance criteria; and quality of craftsmanship.
Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
Any inconsistent provision of the Town's procurement policy, as adopted prior to the effective date of this article by resolution of the Town Board, or as amended thereafter,[1] shall be deemed superseded by the provisions of this article.
[1]
Editor's Note: See Art. I, Procurement Procedures, in this chapter.