A purchasing agent For the city shall be appointed by the Mayor
pursuant to the New York State Civil Service Law. He shall serve under
the immediate direction of the City Chamberlain, unless the Mayor
shall designate otherwise.
The purchasing agent shall directly contract for and purchase
all materials, supplies and equipment, including printing, and contract
for the procurement of all work and services required by the Common
Council, officers, boards, department, commissions and agencies of
the city, except where such power of purchase and procurement is required
by general law to be exercised directly by some other office or agency.
Except as otherwise provided in this Charter, all purchase of materials
and supplies and equipment and the procurement of all work and services
for the city uses and purposes shall be on a competitive basis and
orders therefor shall be issued to or contracts entered into with
the lowest responsible bidder. Every contract for a public improvement
shall be based upon an estimate of the whole costs thereof, including
all expenses incidental thereto and connected therewith, which estimate
shall be furnished to the purchasing agent by the proper officer,
board, department, commission or agency having charge of such improvement.
Duplicates or true copies of all orders issued or contracts entered
into by the purchasing agent for materials, supplies and equipment
purchased or work and services procured for any board, department,
commission or agency shall be filed with the head thereof and also
with the City Chamberlain.
The purchasing agent shall establish, from time to time, under
the direction of the Chamberlain and with the Mayor's approval,
rules prescribing the conditions and manner under which materials,
supplies and equipment shall be acquired. Such rules shall contain
a list of such materials, supplies and equipment as are capable of
standardization and for which standards and standard specifications
can, in the judgment of the purchasing agent and the Mayor, be established.
In case of disagreement between the purchasing agent and any officer,
department, board, commission or agency in respect to such rules,
lists, standards or standard specifications, the written direction
of the Mayor shall prevail.
If a department filing a requisition with the purchasing agent
desires that the purchase of materials, supplies and equipment or
procurement of work and services be immediately made, the requisition
shall specify fully the reasons therefor.
[Amended 3-24-1980 by L.L. No. 1-1980; 5-28-1996 by L.L. No.
2-1996]
If any single purchase of materials and equipment and/or work
and services should cost less than the amount set forth in § 103
of the New York State General Municipal Law, the Purchasing Agent
may purchase or procure the same without advertising and soliciting
bids therefor, but in all such cases he shall secure from responsible
merchants, material, men or contractors who deal in the required materials,
supplies and equipment and/or who perform the required work or services
at least written price quotations pursuant to the Procurement Policy
for the City of Oswego before issuing an order therefor. It shall
be the Purchasing Agent's duty to seek out the lowest price for
satisfactory work and/or supplies and/or equipment.
[Amended 3-24-1980 by L.L. No. 1-1980; 5-28-1996 by L.L. No.
2-1996]
If any single purchase of materials, supplies and equipment
and/or work and services involves an expense exceeding the amount
set forth in § 103 of the New York State General Municipal
Law, the Purchasing Agent, with the cooperation, aid and assistance
of the officer or head of the board, department, commission or agency
for the use of whom or which supplies, materials, equipment, work
and services are required, shall prepare or cause to be prepared specifications
which shall include a description of the materials, supplies, equipment
and/or work and services for which an order is proposed to be issued
or a contract to be let, together with a written notice specifying
the day, hour and place at which sealed proposals will be received
and publicly opened. Such specifications shall set forth with sufficient
detail information and data to competently advise all persons proposing
to bid, or the nature, kind and character of the materials, supplies
and equipment to be supplied and/or work and services to be furnished
and performed. Such notice shall briefly specify and describe the
materials, supplies and equipment, work and services to be supplied
or furnished and shall also contain a statement that written or printed
specifications thereof may be obtained upon applications to the Purchasing
Agent. A copy of such written notice shall be posted on the bulletin
board of the City Hall and published in the official paper at least
twice, five (5) days prior to the day specified therein on which proposals
will be received and publicly opened. The City Engineer, whenever
requested by the Purchasing Agent and the head of any board, department,
commission or agency, shall aid, assist and advise in the preparation
modification or approval of such specifications.
[Amended 3-24-1980 by L.L. No. 1-1980; 5-28-1996 by L.L. No.
2-1996]
It shall be the duty of the Purchasing Agent to prevent any
agency or department of the city government from subdividing any requests
made to the Purchasing Agent into units whose value shall be less
than the amount set forth in § 103 of the New York State
General Municipal Law. The Purchasing Agent shall report to the Mayor
and Council any information received by him indicating a reasonable
presumption of such practice.
[Amended 3-24-1980 by L.L. No. 1-1980; 5-28-1996 by L.L. No.
2-1996]
The Purchasing Agent shall have power to reject all bids or
proposals if in his opinion the lowest bid or proposal is excessive.
Within two (2) days after the making of any award upon any city
contract, any unsuccessful bidder may appeal by filing written objections
with the purchasing agent. The Mayor, the Chairman of the Finance
Committee of the Common Council, or another Councilman designated
by the Council, and the City Engineer, as a Board of Contract Appeals,
shall immediately proceed to review such award and may, in their discretion,
grant a hearing thereon. Such Board shall have the power to affirm
the award or set it aside. In the event that an award is set aside,
the Board of Contract Appeals shall order rejection of any and all
the bids and the readvertisement of the subject matter of such award.
All materials, supplies and equipment purchased shall be delivered
at the place or places in the contract or order to purchase, as the
case may be; and the purchasing agent, in the case of all purchases
for the account of the Common Council, and the officer or head of
the board, department, commission or agency for whom or for which
purchases have been made shall cause the same to be inspected at the
time of delivery to determine conformity to specifications; quality
and quantity shall be certified to by the purchasing agent for all
purchases for the account of the Common Council and by the officer
or head of the board, department, commission or agency or by someone
designated by them as a storekeeper or receiver for all purchases
for their account.
In case of public emergency involving accident or other injury
by which the heating or plumbing of any public building or any of
the fire, waterworks or sewage disposal plants' apparatus or
equipment shall become disabled, the purchasing agent, upon written
requisition from the officer or head of the board, department, commission
or agency having jurisdiction thereof, specifying the extent and nature
of the emergency and the necessity of repairs thereof, may, with the
written approval of the Mayor, in cooperation with such officer or
head, cause all necessary repairs thereto to be made without advertisement,
bidding and the letting of a formal contract therefor.
If any department or officer of the city or committee of the
Common Council, by written recommendation, recommends to the Common
Council that it is impracticable to procure materials, supplies and
equipment and/or work as services required by bidding and contract
and hereinbefore provided, then the Common Council may, with the approval
of the Mayor, by a vote of not less than three-fourths (3/4) of the
number qualified to be elected, adopt a resolution determining to
be impracticable to purchase such materials, supplies and equipment
or secure such work and services, or both, by bidding and contract
and may, by such resolution, direct the purchasing agent, in cooperation
with such committee, officer, board, department, commission or agency,
to procure such works and services and/or to purchase such materials
supplied and equipment without advertising and without bidding.
