[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.]
This chapter shall be known and may be cited as the "Purchasing
Procedures Law of the Town of Oyster Bay."
[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.
[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.
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.
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.
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]
[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.
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.
[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; 3-15-2022 by L.L. No. 2-2022]
The Commissioner of Public Works shall submit to the Town Board
his or her 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.
[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.
[Added 6-6-2017 by L.L.
No. 4-2017]
A.
AMERICAN ALLIED NATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
BOYCOTT OF AMERICAN ALLIED NATION
(1)
(2)
COMPANY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any nation that is a member of the North Atlantic Treaty Organization.
Any country that is a signatory to the Southeast Asia Treaty
Organization.
Any country, other than Venezuela, that is a signatory to the
RIO Treaty of 1947.
Ireland.
Israel.
Japan.
The Republic of Korea.
Engaging in refusals to deal with, terminating activities
with, or other actions that are intended to limit commercial relations
with an American Allied Nation or individuals or companies doing business
in an American Allied Nation or in American Allied Nation-controlled
territories, when such actions are taken:
In a manner that discriminates on the basis of nationality,
national origin, religion or other unreasonable basis that is not
founded on a valid business reason.
In compliance or adherence to calls for a boycott of an American
Allied Nation other than those boycotts to which 50 U.S.C. App. § 2407(c)
applies.
Any sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability
partnership, limited liability company or other entity or business
association, including all wholly owned subsidiaries, majority-owned
subsidiaries, parent companies or affiliates of such entities or business
associations, that exists for the purposes of making profit.
B.
The Town shall not enter into a contract with an individual or company
if the contract is related to construction or the provision of services,
supplies or information technology unless the contract includes a
written certification that such individual or company is not currently
engaged in or agrees for the duration of the contract not to engage
in a boycott of an American Allied Nation.
C.
The Town Board shall give the vendor 30 days' 'notice of the intent to rescind the contract. If the Town Board determines by a preponderance of the evidence that the party to a contract has signed the certification but has engaged in a boycott as defined in Subsection A of this section of the Town Code, the contract may be rescinded by resolution, and the Town may seek reliance damages based on the signed certification not being honored.
