[HISTORY: Adopted by the Town Board of the Town of New Lebanon 5-8-2012; amended in its entirety 8-9-2022 by L.L. No. 3-2022. Subsequent amendments noted where applicable.]
Every prospective purchase of goods and services shall be evaluated
to determine the applicability of GML § 103. Every Town
officer, board, department head or other personnel with the requisite
purchasing authority (purchaser) shall estimate the cumulative amount
of the items of supply or equipment needed in a given year. That estimate
shall include the canvass of other Town departments and past history
to determine the likely yearly value of the commodity to be acquired.
The information gathered and conclusions reached shall be documented
and kept with the file or other documentation supporting the purchase
activity.
All contracts for public work and all purchase contracts governed
by General Municipal Law § 103 shall comply therewith.
Goods and services which are not governed by General Municipal
Law § 103 must be procured in a manner so as to assure the
prudent and economical use of public moneys in the best interests
of the taxpayers of the Town, to facilitate the acquisition of goods
and services of maximum quality at the lowest possible cost under
the circumstances, and to guard against favoritism, improvidence,
extravagance, fraud, and corruption. To further these objectives,
all procurements of goods and services which are not governed by General
Municipal Law § 103 shall comply with the applicable portions
of this section, except where otherwise provided in this chapter.
A.
Purchase
contracts not governed by General Municipal Law § 103 shall
be secured as follows:
(1)
Contracts not governed by General Municipal Law § 103 involving
expenditures greater than $5,000 shall require a written request for
proposals (RFP) and written/fax quotes from at least three vendors.
(2)
Contracts not governed by General Municipal Law § 103 involving
expenditures of $5,000 or less but greater than $1,000 shall require
an oral request for proposals and oral/fax quotes from at least two
vendors.
(3)
Contracts not governed by General Municipal Law § 103 involving
expenditures of $1,000 or less are left to the discretion of the purchaser.
B.
Public
works contracts not governed by General Municipal Law § 103
shall be secured as follows:
(1)
Contracts not governed by General Municipal Law § 103 involving
expenditures greater than $10,000 shall require a written request
for proposals (RFP) and written/fax quotes from at least three contractors.
(2)
Contracts not governed by General Municipal Law § 103 involving
expenditures of $10,000 or less but greater than $1,000 shall require
a written request for proposals (RFP) and written/fax quotes from
at least two contractors.
(3)
Contracts not governed by General Municipal Law § 103 involving
expenditures of $1,000 or less are left to the discretion of the purchaser.
C.
Any
written RFP required under this section shall describe, as applicable,
the desired goods and/or services to be provided, the quantity thereof,
and the particulars of delivery. The purchaser shall compile a list
of all vendors from whom written/fax/oral quotes have been requested
and the written/fax/oral quotes offered. All information gathered
in complying with the procedures of this guideline shall be preserved
and filed with the documentation supporting the subsequent purchase
or public works contract.
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.
The purchaser shall prepare a written justification providing
reasons why it is in the best interest of the Town and its taxpayers
to make an award to other than the low bidder. If a bidder is not
deemed responsible, facts supporting that judgment shall also be documented
and filed with the record supporting the procurements.
General Municipal Law § 103 provides that purchase
contracts, including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the Labor Law, may be awarded on
the basis of best value. "Best value" means the basis for awarding
contracts for services to the bidder which optimizes quality, cost
and efficiency, among responsive and responsible bidders. Such basis
shall reflect, wherever possible, objective and quantifiable analysis.
Such basis may also identify a quantitative factor for bidders that
are small businesses, certified minority- or women-owned business
enterprises (as defined in Executive Law § 310) or service-disabled
veteran-owned business enterprises (as defined in Executive Law § 369-h)
to be used in evaluation of offers for awarding of contracts for services.
A.
Where the basis for award is the best value offer, documentation
in the procurement record shall, where practicable, include a quantification
of the application of the criteria to the rating of proposals and
the evaluation results, or, where not practicable, such other justification
which demonstrates that best value will be achieved.
B.
The determination to award a contract on the basis of best value
shall be made by the purchaser. The purchaser shall use a cost benefit
analysis or other similar process to demonstrate quantifiable value
or savings from nonprice factors that offset the price differential
of lower price offers. Nonprice factors may include, but are not limited
to, the following:
C.
The purchaser shall select a formal competitive procurement process
in accordance with law and this procurement policy, and document its
determination in the procurement record. The process shall include,
but is not limited to, a clear statement of need; a description of
the required specifications governing performance and related factors;
a reasonable process for ensuring a competitive field; a fair and
equal opportunity for bidders to submit responsive offers; and a balanced
and fair method of award.
D.
The solicitation shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted. Where appropriate, the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criterion to be considered by the Town Board in its determination
of best value.
A.
Except as otherwise directed by the Town Board, no solicitation of written proposals or quotations under § 40-3 shall be required under the following circumstances:
(1)
Emergencies.
(2)
Sole source situations.
(3)
Goods purchased from agencies for the blind or severely handicapped.
(4)
Goods purchased from correctional facilities.
(5)
Goods purchased from another governmental agency, including but not
limited to state or county bid.
(6)
Goods purchased at an auction.
(7)
Goods purchased for $1,000 or less.
(8)
Public works contracts for $1,000 or less.
B.
Contracts for the repair or maintenance of Highway Department equipment. Section 40-3B of this chapter shall not apply to contracts for the repair or maintenance of Highway Department equipment that are not otherwise governed by General Municipal Law § 103 where obtaining written solicitations or proposals is impracticable or is not cost-effective due to the need to transport the subject equipment to various potential vendors in order to obtain such written solicitations or proposals.
No portion of this chapter shall be construed as preventing
the competitive bidding for purchase contracts or public works contracts
in accordance with the terms and procedures set forth therefor in
General Municipal Law § 103 where such contracts are otherwise
exempt or not subject to such competitive bidding requirements, if
so desired by the Town Board.
The solicitation of alternative proposals or quotations will
not be required in the best interest of the municipality in the following
circumstances, where proper qualifications are not necessarily found
in the individual or company that offers the lowest price and the
nature of these services are such that they do not readily lend themselves
to competitive procurement procedures:
A.
Professional services or services requiring special or technical
skill, training or expertise. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgment, integrity and moral worth.
(1)
In determining whether a service shall fit into this category, the
Town Board shall take into consideration the following guidelines:
(a)
Whether the services are subject to state licensing or testing
requirements.
(b)
Whether substantial formal education or training is a necessary
prerequisite to the performance of the services.
(c)
Whether the services require a personal relationship between
the individual and municipal officials.
(2)
Professional and technical services shall include but not be limited
to the following:
(a)
Service of an attorney.
(b)
Services of a physician.
(c)
Technical services of an engineer or architect engaged to prepare
plans, maps and estimates.
(d)
Securing insurance coverage and/or service of an insurance broker.
(e)
Services of a certified public accountant.
(f)
Investment management services.
(g)
Printing services involving extensive writing, editing or artwork.
(h)
Management of municipally owned property.
(i)
Computer software or programming services for customized programs
or services involved in substantial modification and customizing of
prepackaged software.
B.
Emergency purchases pursuant to § 103, Subdivision 4, of
the General Municipal Law. Due to the nature of this exception, these
goods or services must be purchased immediately, and delay in order
to seek alternate proposals may threaten life, health, safety or welfare
of the residents. This section does not preclude alternate proposals
if time permits.
C.
Purchases of surplus and second-hand goods from any source. If alternate
proposals are required, the Town is precluded from purchasing surplus
and second-hand goods at auctions or through specific advertised sources
where the best prices are usually contained. It is also difficult
to try to compare prices of used goods, and a lower price may indicate
an older product.
D.
Public works contracts and purchase contracts involving expenditures
of $1,000 or less. The time and documentation required to purchase
through this policy may be more costly than the item itself and therefore
not be in the best interest of the taxpayer. In addition, it is not
likely that such de minimis contracts would be awarded based on favoritism.
The listing with name(s) and title(s) of the individual(s) responsible
for purchasing shall be updated biennially by resolution and kept
on file in the Office of the Town Clerk.
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.
