[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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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:
