Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 4-27-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Annual budgets — See Ch. 12.
Code of Ethics — See Ch. 30.
Transfers of funds — See Ch. 38.
Personnel policies — See Ch. 59.

§ 64-1 Title.

This chapter shall be known and may be cited as the "Purchasing Procedures Law of the Town of Oyster Bay."

§ 64-2 Division of Purchasing.

[Amended 3-14-1978 by L.L. No. 3-1978]
The Commissioner of General Services or his designee shall be the head and have general supervision of the Division of Purchasing. The Commissioner of General Services or his designee shall have all powers and shall perform all duties prescribed by the provisions of §§ 41-a and 20 of the Town Law and shall have the powers and duties prescribed in this chapter.

§ 64-3 Powers and duties of Commissioner of General Services.

[Amended 3-14-1978 by L.L. No. 3-1978]
A. 
The Commissioner of General Services or his designee shall have the power and it shall be his duty:
(1) 
To purchase or contract for all materials, supplies, equipment, services, service contracts and labor needed by any using agency (i.e., department, agency, commission or other unit of town government of the Town of Oyster Bay) which derives its support wholly or in part from the town in accordance with the purchasing procedures as prescribed by this Article and such general specifications as the Commissioner of General Services or his designee shall adopt for the internal management and operation of the Division of Purchasing and such other rules and regulations as shall be prescribed by resolution of the Town Board.
(2) 
To process all requisitions, and convert the same into purchase orders only when bearing the signature of the originator and the approval of the department head or his duly authorized representative. No further approvals shall be required.
(3) 
To issue valid purchase orders only after certification by the Town Comptroller as to availability of funds.
B. 
In addition to the purchasing authority conferred in Subsection A above and in addition to any powers and duties conferred by this Article, the Commissioner of General Services or his designee shall:
(1) 
Act to procure for the town the highest quality of materials, supplies, equipment, services, service contracts and labor at the least expense to the town.
(2) 
Endeavor to obtain as full and open competition as possible on all purchases and sales.
(3) 
Establish and maintain the Town of Oyster Bay's general bid specifications.
(4) 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the town the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and by private businesses and organizations.
(5) 
Prescribe and maintain such forms as he shall find reasonably necessary to the operation of his office.
(6) 
Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be filed according to materials, supplies, equipment, services and labor and shall contain descriptions of vendor's commodities, prices and discounts.
(7) 
Act so as to procure for the town all federal and state tax exemptions to which it is entitled.
(8) 
Establish a procedure whereby vendors who default on their quotations may be declared irresponsible bidders and to disqualify them from conducting any business with the Town of Oyster Bay for a period of time as provided by law.
(9) 
Have the full authority to inquire into the quality, quantity and type of materials, supplies, equipment, services and labor requested and require the submission of any additional data that may be required to justify said purchase and to protect the best interests of the town.

§ 64-4 Requisitions required.

A. 
All Town of Oyster Bay using agencies, either by or with the authorization of the department head under which the using agency operates, shall file with the Division of Purchasing detailed requisitions or estimates of their requirements of materials, supplies, equipment, services and labor in such manner and for such periods of time as the Commissioner of General Services or his designee shall reasonably prescribe.
[Amended 3-14-1978 by L.L. No. 3-1978]
B. 
In addition, any Town of Oyster Bay using agency can file with the Division of Purchasing at any time a requisition or estimate for any materials, supplies, equipment, services or labor, the need for which was not foreseen when the detailed estimates were filed.

§ 64-5 Costs to be based on bidding; contracts.

A. 
All purchases of and contracts for materials, supplies, equipment, services and labor shall be based wherever possible on competitive bids.
B. 
All purchases shall conform to the applicable provisions of law and be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals.

§ 64-6 Public notice.

A. 
When public notice of a proposed purchase is required or used, such notice shall conform to the provisions of the applicable requirements of law. The notice shall include a general description of the materials, supplies, equipment or services to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
B. 
The Commissioner of General Services or his designee shall also advertise all pending purchases by a notice posted on the public bulletin board in the Town Hall.
[Amended 3-14-1978 by L.L. No. 3-1978]

§ 64-7 Bidding procedures.

[Amended 3-14-1978 by L.L. No. 3-1978]
A. 
The Commissioner of General Services or his designee may also solicit bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the Commissioner of General Services, or his designee shall maintain. Invitations sent to the vendors or contractors on the bidders list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
B. 
When deemed necessary by the Commissioner of General Services or his designee, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the Commissioner of General Services or his designee has required such. A successful bidder shall forfeit any surety required by the Commissioner of General Services or his designee upon failure to comply with the terms and conditions contained in the Town of Oyster Bay's general bid specifications.
C. 
Bids shall be opened in public at the time and place stated in the public notices, and be in such form as is required by the Commissioner of General Services or his designee. A tabulation of all bids received shall be available for public inspection.
D. 
The Commissioner of General Services or his designee shall have the authority to reject any and all bids, or parts of any and all bids, when the public interest will be served thereby, in accordance with the general specifications of the Town.

§ 64-8 Purchases not requiring public bidding.

A. 
When authorized by any applicable provisions of law, the Commissioner of General Services or his designee may make purchases on behalf of the Town of Oyster Bay without the need for a public bid. When doing so and wherever possible, said purchases shall be based on competitive prices. All purchase orders placed pursuant to this procedure shall be in accordance with the provisions of this article and the Town of Oyster Bay general specifications.
[Amended 3-14-1978 by L.L. No. 3-1978]
B. 
All purchases of materials, supplies, equipment, work, labor and service contracts not requiring a public bid shall be made in the open market.

§ 64-9 Procedure for award of contracts.

[Amended 3-14-1978 by L.L. No. 3-1978; 2-24-1981 by L.L. No. 1-1981; 8-28-1984 by L.L. No. 2-1984; 10-23-1984 by L.L. No. 3-1984; 4-27-2010 by L.L. No. 2-2010]
The Commissioner of Public Works and the Commissioner of Highway shall submit to the Town Board their recommendation, together with the recommendations of the respective division heads, for all public works construction contracts in an amount prescribed in § 103 of the General Municipal Law, as amended. All other contracts for material supplied and equipment shall be awarded by the Commissioner of General Services or his designee after notification to the Supervisor of said award. Copies of said notification to the Supervisor shall also be forwarded to the Town Board for information and review.

§ 64-10 Procedure for contract extensions.

[Amended 3-14-1978 by L.L. No. 3-1978]
The Commissioner of General Services or his designee shall have the right to extend any and all contracts previously awarded by said Commissioner, provided that an extension agreement had been included in the original bidding specifications. Any request for an extension of a contract awarded by the Town Board shall be submitted in accordance with § 64-9 hereof.