[HISTORY: Adopted by the Town Board of the Town of Riverhead 6-16-2015 by L.L. No. 8-2015; amended in its entirety 2-21-2024 by L.L. No. 9-2024. Subsequent amendments noted where applicable.]
The purpose of this Procurement Policy is to ensure that sound
business judgment is utilized in all procurement transactions and
that supplies, equipment, contracts, and services are obtained efficiently
and in compliance with applicable laws and to ensure that all procurement
transactions will be conducted in a manner that provides full and
open competition and prudent and economical use of public money. In
addition, this Procurement Policy seeks to ensure that the same sound
business judgment used for the purchase of personal property (i.e.,
supplies and equipment) is used for the evaluation of personal property
and/or assets with respect to its usefulness to the Town now or in
the foreseeable future and cost effective and efficient procedures
for disposition of the personal property and/or assets deemed no longer
of public use to the Town.
A.Â
Guideline 1. Every prospective purchase of goods or services shall
be evaluated to determine the applicability of General Municipal Law
§ 103 inclusive of all future statutory amendments, deemed
to be incorporated by reference, as if recited in its entirety herein.
Every Town officer, board, department head or other personnel with
the requisite purchasing authority (hereinafter "purchaser") shall
estimate the cumulative amount of the items of supply or equipment
needed in a given fiscal year. The information gathered and conclusions
reached shall be documented and kept with the file or other documentation
supporting the purchase activity.
B.Â
Guideline 2. All purchases of supplies or equipment which will exceed
$20,000 in the fiscal year or public works contracts over $35,000
shall be formally bid pursuant to General Municipal Law § 103
inclusive of all future statutory amendments, deemed to be incorporated
by reference, as if recited in its entirety herein. In addition, New
York State Finance Law § 139-L, effective January 1, 2019,
requires that all competitive bids for goods sold or services to be
performed contain a statement subscribed by the bidder and affirmed
by such bidder that the "bidder has and has implemented a written
policy addressing sexual harassment prevention in the workplace and
provides annual sexual harassment prevention training to all of its
employees" . . . and "[s]uch policy shall, at a minimum, meet the
requirements of section 201-g of the labor law" [New York State Finance
Law § 139-L(a)]. In addition to compliance with General
Municipal Law and Finance Law recited above, public works contracts
involving construction contracts, as defined in Labor Law § 816-b,
in excess of $250,000 and/or 100,000 square feet, whichever is less,
shall require the bidder/contractor and subcontractors on such construction
contracts to meet requirements set forth in Guideline 5, except for
the following purchase of goods or public works contracts: purchase
of goods or public works contracts identified in Guideline 6(1), (2)(a)
and (b), (3), (4) and (6); public works contracts for a specific trade
which is not included among the list maintained by the New York State
Commissioner of Labor or such trade is classified as miscellaneous
or general for such apprenticeship agreement at the time of opening
of the bid; any construction contract utilizing federal, state, county
or other funding assistance, including donation(s) to the extent the
funding assistance precludes application of this section.
C.Â
Guideline 3.
(1)Â
All estimated purchases of less than $20,000 but greater than $3,000
shall require a written request for a proposal ("RFP") and written/fax
quotes from at least three comparative vendors; less than $3,000 but
greater than $1,000 require an oral request for proposal for the goods,
equipment or supplies and oral/fax quotes from at least two vendors
and purchaser shall maintain a record of responses whether they are
received by phone or in writing detailing date/time, name of individual
offering quote, and remarks detailing quote; less than $1,000 are
left to the discretion of the purchaser.
(2)Â
All estimated public works contracts of less than $35,000 but greater
than $10,000 require a written request for proposal and fax/proposals
from at least three comparable contractors; less than $10,000 but
greater than $1,000 require a written request for proposal and fax/proposals
from at least two contractors and purchaser shall maintain a record
of responses whether they are received by phone or in writing detailing
date/time, name of individual offering quote, and remarks detailing
quote; less than $1,000 are left to the discretion of the purchaser.
(3)Â
All written RFP shall describe the desired goods, quantity and details
regarding delivery, including mode of delivery and time parameters
for 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.
(4)Â
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. All responses to the RFP shall be kept confidential until such time as the contract for work or goods is awarded and thereafter all documents responsive to the RFP shall be subject to disclosure pursuant to the applicable provisions of the Public Officers Law. In addition, while the recent amendments to New York State Finance Law § 139-L(b), effective January 1, 2019, do not require the certification set forth above for bids that do not require competitive bid [see Guideline 3 subsections (1), (2) and (3) and Guidelines 5 and 6 set forth herein] and instead recite that the department, agency, or official has discretion to require the certification, all department heads shall consider and as appropriate require the Finance Law § 139(a) certification.
D.Â
Guideline 4. All purchasers shall make a good-faith effort 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.
E.Â
Guideline 5. The lowest responsible proposal or quote shall be awarded
the purchase or public works contract unless the purchaser prepares
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 procurement. Notwithstanding the above all public works projects
involving construction contracts, as defined in Guideline 2, shall
require a contractor and subcontractor(s) who is a party to, or working
under, a construction contract, to be a participant in good standing
of a Class "A" qualified apprenticeship program that is registered
with and approved by the New York State Department of Labor or U.S.
Department of Labor and to have apprenticeship agreements, as evidenced
by valid certificates of completion which are specifically identified
as pertaining to the specific trade(s) and/or job titles(s) called
for within the construction contract and appropriate for the type
and scope of work to be performed, as set forth and described in the
bid specifications. In addition, all contractors and subcontractors
must submit to the Town, Certificates of Completion showing that they,
or their sponsor participate in a Class "A" qualified apprenticeship
program; a Class "A" qualified apprenticeship program shall mean an
apprenticeship program that has graduated at least one apprentice
from a New York State Department of Labor or U.S. Department of Labor
approved and registered apprenticeship program, in the trade and/or
job title called for within the construction contract, within a twenty-four-month
time period immediately preceding the bid date of such project. The
contractor and/or subcontractor must submit to the Town: i) a letter
certifying that it currently operates a Class "A" qualified apprenticeship
program as a sponsor; ii) a letter from the Class "A" qualified apprenticeship
program's sponsor certifying the contractor and/or subcontractor
are signatory to the sponsor and that the program is a Class "A" qualified
apprenticeship program as defined herein; or iii) if the contractor
or subcontractor participates in a recently formed apprenticeship
program, it may satisfy the requirement of this certification by providing
documentation showing that the Class "A" qualified apprenticeship
program in which it participates: a) has been established within the
past five years; b) is currently registered with and approved by the
U.S. Department of Labor or a state apprenticeship agency; and c)
provides bona fide apprenticeship training to participants and is
in compliance with the standards and requirements applicable to registered
apprenticeship programs under 29 CFR 29, including the requirement
under these rules to maintain as at least one registered apprentice
in accordance with the guidelines of 29 CFR 29.6(a). It shall be a
contractor's and/or subcontractor's responsibility to submit
the required certificates of completion as part of any bid submitted
in connection with a construction contract. The failure of the contractor
and/or subcontractor to provide the required certificates/certifications
shall disqualify the contractor being awarded, or performing the construction
contract or from the subcontractor being approved as a subcontractor
on the construction contract. Note that it shall be the responsibility
of the department administering a construction contract to verify
that a contractor or subcontractor meets these requirements and has
included the required apprenticeship documentation in his/her bid.
F.Â
Guideline 6. A request for proposal and/or quotation shall not be
required under the following circumstances:
(1)Â
Contract for professional services subject to resolution of the Town
Board.
(2)Â
Purchases.
(a)Â
Purchase of goods, equipment or supplies or contract for services
through qualifying contracts let by other New York State political
subdivisions provided that: i) the contract must have been let by
the United States or any agency thereof, any state or any other political
subdivision or district therein; ii) the contract must have been made
policy available for use by other governmental entities, i.e., inclusion
in the contract let by the other entity of a clause extending the
terms and conditions of the contract to other governmental entities;
and iii) the contract must have been let to the lowest responsible
bidder or on the basis of best value in a manner consistent with General
Municipal Law § 103 and related case law. This provision
is intended to include all future statutory amendments of General
Municipal Law § 103, Subdivision 16 and same are deemed
to be incorporated by reference, as if recited in its entirety herein.
(*Note that General Municipal Law § 103, Subdivision 16,
was originally scheduled to expire on August 1, 2017, and has been
extended to June 30, 2026).
(b)Â
Purchase of goods, equipment or supplies or contract for services
through qualifying contracts let by the County of Suffolk or through
any county within the State of New York subject to County Law § 408-a.
(3)Â
Public emergency arising out of an accident or unforeseen occurrence
or condition affecting public buildings, public property or life,
health, safety or property of the inhabitants of the Town. Unless
exigent circumstances exist such that time is of the essence, purchaser
shall seek to obtain approval of the Town Board prior to purchase
or contract.
(4)Â
Sole-source situations (purchaser must obtain written verification
from vendor).
(5)Â
Surplus and secondhand supplies, material or equipment from federal
government, State of New York, or other political subdivisions, districts,
or public benefit corporation.
(6)Â
Purchase of goods, equipment and supplies under state contracts through
the Office of General Services and subject to rules promulgated by
the Office of General Services.
G.Â
Guideline 7. The purchase of goods or services must be accompanied
by a duly signed and completed purchase order or contract except a
purchase order shall not be required prior to purchase/procurement
under those circumstances identified in Guideline 6 and purchases
or public works project less than $1,000. The above guideline is not
intended to eliminate the requirement for a purchase order. Note,
all department heads shall be responsible to verify the existence
of a bid or contract award for the same or similar goods or services
and shall be limited to purchase from such vendor/contractor.
H.Â
Guideline 8. The Town Department responsible for personal property
and/or asset(s) it wishes to have declared surplus shall complete
a "Plant Asset/Office Equipment Disposal Form" including a description
of the item, serial/tag #, location, condition, estimated surplus
value, and reason for disposal. The Plant Asset/Office Equipment Disposal
Form must be signed by the supervisor/manager of the department and
filed with the Office of the Financial Administrator. Town departments
may transfer assets and equipment provided that a Plant Asset/Office
Equipment Disposal Form records the transfer and same is filed with
the Financial Administrator. Finally, the Office of the Financial
Administrator, with the assistance of department heads, shall evaluate
estimated surplus value of all assets and equipment disposed on a
biannual basis and policy make recommendation to the Town Board regarding
disposal or sale, subject to all applicable laws and procedures regarding
disposition of surplus asset/equipment, including but not limited
to bid procedures set forth in General Municipal Law § 103,
and receipt of an "as-is" statement and/or liability waiver. Note,
all Town logos or other markings identifying the property as Town
property shall be removed prior to sale. This policy shall not in
any way limit or prohibit the Town Board from donating an item of
personal property and/or asset as permitted under the law. For purposes
of Guideline 8: "surplus" shall be defined as any Town personal property
and/or asset that is no longer needed now or in the foreseeable future
or that is no longer of value or use to the Town and "estimated surplus
value" shall be defined as the estimated amount of money an interested
party will be willing to pay the Town for the property. This can be
determined through an estimate, an appraisal, Kelly Blue Book value
or other sources available to the responsible Department or Office
of the Financial Administrator.
I.Â
Guideline 9. This policy shall be reviewed annually by the Town.