[HISTORY: Adopted by the Town Board of the Town of Cazenovia 8-12-2013;[1] amended in its entirety 1-13-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Purchasing — See Ch. 30.
[1]
Editor's Note: This resolution also superseded former Ch.
29, Procurement Policy, adopted 7-13-1992.
A.
Every purchase to be made must be initially reviewed to determine
whether it is a purchase contract or a public works contract. Once
that determination is made, a good-faith effort will be made to determine
whether it is known or can reasonably be expected that the aggregate
amount to be spent on the item of supply or service is not subject
to competitive bidding.
B.
The following items are not subject to competitive bidding pursuant
to § 103 of the General Municipal Law: purchase contracts
under $20,000 and public works contracts under $35,000; emergency
purchases; certain goods purchased from agencies for the blind or
severely handicapped; goods purchased from correctional institutions;
purchases under New York State and county contracts; and surplus and
secondhand purchases from another governmental entity.
C.
The decision that a purchase is not subject to competitive bidding
will be documented in writing by the individual or department head
making the purchase. This documentation may include written or verbal
quotes from vendors, a memo from the purchaser indicating how the
decision was arrived at, a copy of the contract indicating the item
or service is exempt, a memo from the purchaser detailing the circumstances
which lead to an emergency purchase, or any other written documentation
that is appropriate.
All goods and services will be secured by the use of written
requests for proposals, written quotations, verbal quotations or any
other methods that assure its goods will be purchased at the lowest
price and favoritism will be avoided, except in the following circumstances:
purchase contracts over $20,000 and public works contracts over $35,000;
goods purchased from the agencies for the blind or severely handicapped
pursuant to § 175-b of the State Finance Law;[1] goods purchased from correctional institutions pursuant
to § 186 of the correction Law; purchases under state contracts
pursuant to § 104 of the General Municipal Law, as amended;
and purchases under county contracts pursuant to § 103(3)
of the General Municipal Law.
[1]
Editor's Note: Section 175-b of the State Finance Law was
repealed by L. 1995, c. 83, effective April 1, 1995.
A.
The following method of purchase will be used when required by this
policy in order to achieve the highest savings:
|
Estimated Amount of Purchase Contract
|
Method of Purchase
| |
|---|---|---|
|
$250 - $999
|
At the discretion of the purchasing agent or department head
unless otherwise established by Town Board resolution
| |
|
$1,000 - $4,999
|
2 written or verbal quotations will be secured plus the approval
of the Town Board, unless otherwise established by Town Board resolution
| |
|
$5,000 - $19,999
|
3 written quotations shall be secured plus approval of the Town
Board
| |
|
$20,000 and up
|
Formal sealed bids shall be secured in conformance with General
Municipal Law § 103
|
|
Estimated Amount of Public Works Contract
|
Method of Purchase
| |
|---|---|---|
|
$250 - $999
|
At the discretion of the department head making the purchase
unless otherwise established by Town Board resolution
| |
|
$1,000 - $4,999
|
2 written or verbal quotations shall be secured by the purchaser
or department head plus the approval of the Town Board, unless otherwise
established by Town Board resolution
| |
|
$5,000 - $34,999
|
3 written proposals shall be secured plus the approval of the
Town Board
| |
|
$35,000 and up
|
Formal sealed bids shall be secured in conformance with General
Municipal Law § 103
|
B.
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 will document
the attempt made at obtaining the proposals. In no event shall the
failure to obtain the required number of proposals be a bar to the
procurement.
If a contract is not awarded to the lowest responsive, responsible
offerer, an explanation shall be provided and kept by the Town. The
documentation will include an explanation of how the award will achieve
savings or how the offer was not a responsible or responsive one.
A determination that the offer is not from a responsible or a responsive
party may not be challenged under any circumstances. A purchase may
also be made in conformance with the best-value practice as adopted
by the Town of Cazenovia Local Law Authorizing Purchasing Based on
Best Value.[1]
Pursuant to General Municipal Law § 104-b(2)(f), there
are circumstances when, or types of procurement for which, in the
sole discretion of the governing body, the solicitation of alternative
proposals or quotations will not be in the best interests of the Town.
In the following circumstances, it may not be in the best interests
of the Town of Cazenovia to solicit quotations or documents as a basis
for not accepting the lowest bid:
A.
Professional services or services requiring special technical skill,
training or expertise. The individual or company must be chosen based
on accountability, reliability, responsibility, skills, education
and training, judgment, integrity and moral worth. These qualifications
are not necessarily found in the individual or company that offers
the lowest price, and the nature of these services is such that they
do not readily lend themselves to competitive procurement procedures.
(1)
In determining whether a service fits into this category, the Town
Board shall take into consideration the following guidelines:
(2)
Professional technical services shall include, but are not limited
to, the following: services of an attorney; services of a physician;
technical services of an engineer engaged to prepare plans, maps and
estimates; securing insurance coverage and services of an insurance
broker; services of a certified public accountant; investment management
services; printing services involving extensive writing, editing or
artwork; management of a municipally owned property; and computer
software or programming services for customized programs or services
involving a substantial modification and customization of prepackaged
software.
B.
Emergency purchases pursuant to § 103(4) of the General
Municipal Law. Due to the nature of this exception, these goods and
services must be purchased immediately, and a delay in order to seek
alternate proposals may threaten the life, health, safety and/or welfare
of the residents. This section does not preclude alternate proposals
if time permits.
C.
Purchases of surplus and secondhand goods, subject to written approval
of the Town Board. Purchases from auctions are subject to prior Town
Board approval.
D.
Goods under $250 and public works contracts for less than $500. The
time and documentation required is more costly then the item itself
and would, therefore, not be in the best interests of the taxpayer.
In addition, it is not likely that such contracts would be awarded
based on favoritism.
Notwithstanding anything to the contrary included in the policy,
the following special additional provisions for Highway Department
purchases shall apply:
A.
The
Highway Superintendent may contract the purchase of equipment and
tools, without additional Town Board approval, up to $3,000 [Highway
Law § 142(1a)].
B.
When
highway machinery is to be purchased, the Town Board shall authorize
the Supervisor to procure such equipment (Highway Law § 266).
C.
The
Highway Superintendent shall file with the Town Board, before September
30 of each year, written recommendations on equipment that should
be purchased and the projected costs thereof [Highway Law § 142(3)].
D.
The
Highway Superintendent may sell equipment when the Town Board approves.
Such equipment may also be used as trade-in for new equipment (Highway
Law § 143).
E.
Upon Town Board approval and subject to applicable law, needed machinery
may be leased or rented by the Highway Superintendent, upon whose
order payment will be made by the Supervisor from highway repair funds
(Highway Law § 143). Written estimates shall be obtained
by the Highway Superintendent for review by the Town Board, as needed.
F.
Equipment may be purchased under installment contract pursuant to
General Municipal Law § 109-b when approved by the Town
Board.
G.
The Town Board and the Highway Superintendent shall develop a system
to track costs associated with each of the Town's vehicles, including
repairs and refurbishing, noting gas, parts, equipment and labor for
the upkeep, maintenance and repair of each of said vehicles and such
other pertinent cost information as may be needed to evaluate the
expended life of the vehicle and for evaluation as to the need for
replacement and procurement.
Notwithstanding the provisions of this Procurement Policy, the
Town of Cazenovia may, for purposes of public purchases, utilize the
provisions of General Municipal Law § 103 with regard to
so-called "piggybacking" of purchases. Pursuant to General Municipal
Law § 103, the Town of Cazenovia may purchase through the
bids solicited by the United States government, New York State and/or
any other political subdivision (counties, towns, villages, school
districts, etc.), provided those contracts clearly state that they
are available for use by other governmental entities within the requirements
of General Municipal Law § 103(16). Prior to such purchase,
the Town of Cazenovia will ensure that a piggyback purchase qualifies
as follows:
A.
The contract involved must have been available for use by other governmental
entities through the bid solicitation process. In such case, the Town
of Cazenovia should determine that there is contained within the bidding
municipality's bid package a provision that the bid is open to and
can be used by either the Town of Cazenovia or other municipalities.
This determination should be made on a case-by-case basis.
B.
The specific contract must have been issued in accordance with the
provision of General Municipal Law § 103.
[Added 11-8-2021 by Res. No. 143-2021[1]]
A.
Section
3 business participation in procurement and contracting: For federally
funded projects or activities subject to Section 3 of 24 CFR Part
135 of the Housing and Urban Development Act of 1968, as amended,
the Town will, to the greatest extent feasible, facilitate participation
of Section 3 residents and Section 3 businesses in the procurement
of goods and services pursuant to its Section 3 Participation Plan.
Solicitation may be undertaken via advertisements in local publications
encouraging Section 3 participation, or direct outreach by letter
or email to identified Section 3 businesses or individuals included
on the Department of Housing and Urban Development’s Section
3 Businesses Registry. The Town’s established purchase/ contracting
thresholds will apply. The Town will keep documentation of Section
3 solicitation in its records and any response(s) thereto.
B.
Minority-Owned
and Women-Owned Business Enterprise (M/WBE) business participation
in procurement and contracting: In an effort to affirmatively increase
procurement and contracting opportunities for minority- and women-owned
business enterprises, the Town of Cazenovia, when required by funding
participants, will solicit MBEs and/or WBEs as part of its procurement
process, when appropriate. Solicitation may be undertaken via advertisements
in minority publications or direct outreach by letter or email to
identified state-certified M/WBEs, or by working with a clearinghouse
such as the Syracuse Minority Business Development Center. The Town’s
established purchase/contracting thresholds will apply. For purposes
of the above, the M/WBE must be certified by Empire State Development
(ESD) through the Division of Minority and Women Business Development
(DMWBD). The Town will keep documentation of M/WBE solicitation in
its records and any responses thereto.
The Town Board shall review this Procurement Policy annually
and, where needed, update the policy.
This policy shall go into effect upon Town Board resolution
approval.
