Town of Verona, NY
Oneida County
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[HISTORY: Adopted by the Town Board of the Town of Verona 12-4-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
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 under New York State General Municipal Law or other governing law; taking into account past purchases and the aggregate amount to be spent in a year. The current required public bidding threshold is $20,000 for purchase contracts and $35,000 for public works contracts.
B. 
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include written or verbal quotations from vendors, a memo from the purchaser individuating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.
C. 
All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to State Finance Law § 162, goods purchased from correctional institutions pursuant to Correction Law § 186, purchases under county contracts pursuant to GML § 103, or purchases pursuant to § 62-6 of this chapter.
A. 
The following procedures will be used when required by this chapter to achieve the highest savings:
Estimated Amount of Purchase Contract
Method
$3,000 to $10,000
At least 2 quotes
$10,001 to $20,000
At least 3 quotes
Estimated Amount of Public Works Contract
Method
$3,000 to $10,000
At least 2 quotes
$10,001 to $35,000
At least 3 quotes
B. 
The quotes referred to above must be in writing
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. In no event shall the failure to obtain the above-listed number of proposals invalidate a procurement.
Documentation is required of each action taken in connection with each procurement.
Documentation and explanation is required whenever a contract is awarded to other than the lowest responsible bidder. This documentation will include an explanation of how the award will achieve savings or how the low bidder was not responsible. A determination that the bidder is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
Pursuant to GML § 104, the procurement policy may contain circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternatives proposals or quotations will not be in the best interests of the municipality. In the following circumstances it may not be in the best interests of the Town of Verona to solicit quotations or document the basis for not accepting the lowest bid:
A. 
Professional or technical services. Professional and technical services are services which require 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. These qualifications are not necessarily found in the bidder with the lowest price, and the nature of these services are such they do not lend themselves to competitive procurement procedures. When determining if a service fits into this category the Town Board shall take into consideration: 1) whether services are subject to state testing/licensing requirements, 2) whether substantial formal education or training is a necessary prerequisite to the performance of the service, and 3) whether the services require a personal relationship between service provider and municipal officials. Professional or technical services shall include but not be limited to the following: attorney, physician, engineer, insurance broker/agent, certified public accountant, investment manager, printing services involving extensive writing or artwork, municipal property manager, computer software or programming service provider.
B. 
Emergency purchases pursuant to GML § 103(4). Due to the nature of this exception, these goods or services must be purchased immediately and any delay caused by the normal procurement procedures would threaten the life, health, safety or welfare of Verona Town residents. This section does not preclude alternate proposals when time permits.
C. 
Purchases of surplus and secondhand goods. Surplus and secondhand goods can come from any source. If alternate proposals are required, the Town is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product.
The following Town officials shall be responsible for the following categories of purchases made by the Town of Verona:
A. 
General Town purchases and miscellaneous purchases: Town Supervisor.
B. 
Purchases related to Town roads and highways: Town Highway Superintendent.
C. 
Town office purchases: Town Clerk.
D. 
Town Court purchases: Town Justice.