[Adopted 2-2-2016 by Res.
No. 3-2016]
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 supplies 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 supplies or equipment to be acquired. The information
gathered and conclusions reached shall be documented and retained
with any other documentation with respect to the procurement activities.
Except as provided by local law duly adopted by the Town pursuant
to General Municipal Law § 103 pertaining to the use of
"best value" for purchase contracts, all purchases of: supplies or equipment which will exceed
$20,000 in the fiscal year; or public works contracts in excess of
$35,000, shall be formally bid pursuant to GML § 103.
Any written RFP shall describe the desired goods, quantity and
the particulars of delivery in the case of purchases or all the particulars
of the work to be performed in the case of a public works project.
The purchaser shall compile a list of all vendors from whom written/fax/oral
quotes have been requested and the written/fax/oral quote offered.
All information gathered in complying with the procedures of
this policy shall be preserved and filed with the documentation supporting
the subsequent purchase or performing of a 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 reason(s) why it is in the best interests
of the Town and its taxpayers to make an award to other than the low
bidder and such justification is approved by the Town Board, in its
sole discretion.
A good-faith effort shall be made to obtain the required number
of proposals or 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 solicitations or
written proposals or quotations shall be required under the following
circumstances:
A. Acquisition of professional services;
B. Emergencies, upon determination by resolution duly adopted by the
Town Board;
C. Sole-source situations, upon determination by resolution duly adopted
by the Town Board;
D. Goods purchased from agencies for the blind or severely handicapped;
E. Goods purchased from correctional facilities;
F. Goods purchased from another governmental agency pursuant to such
agency's contract;
G. Goods purchased at auction;
H. Goods purchased for less than $1,000;
I. Public works contracts for less than $1,000;
J. Purchase contracts awarded based upon "best value," subsequent to
adoption of a local law by the Town with respect thereto.
This policy shall be reviewed annually by the Town Board at
its organizational meeting.
[Adopted 3-9-2015 by L.L.
No. 1-2015]
This article shall hereafter be known as the "Town of Naples
Best Value Local Law".