[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.
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.
Each procurement action shall be documented in the minutes of
the meeting of the Town Board.
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.
