[HISTORY: Adopted by the Town Board of the Town of Milo 5-21-2012[1] (Ch. 33 of the 1997 Code). Amendments noted where
applicable.]
[1]
Editor's Note: This resolution also repealed former Ch.
33 of the 1997 Code, Procurement Policy, adopted 10-27-1997 by L.L.
No. 2-1997.
A.
Every prospective purchase of goods or services shall be evaluated
to determine the applicability of General Municipal Law § 103.
Every Town officer, board, department head or other personnel with
the requisite purchasing authority (hereinafter "purchaser") shall
estimate the cumulative amount of items of supply or equipment needed
in a given fiscal year. That estimate shall include the canvass of
other Town departments and 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 purchase activity.
B.
The monetary amounts set forth below refer to the monetary limitations
whether for one purchase or for a total of several purchases of a
particular item or service from the same supplier over the fiscal
year.
All purchase contracts for supplies or equipment which will
exceed $20,000 in the fiscal year, or public works contracts which
will exceed $35,000 in the fiscal year, shall be formally bid pursuant
to General Municipal Law § 103.
The following are not subject to bid:
A.
Purchase contracts of $20,000 or less.
B.
Public works contracts of $35,000 or less.
C.
Articles manufactured in a New York State correctional facility (Correction
Law §§ 184 and 186).
D.
Purchases from agencies for the blind or severely handicapped (State
Finance Law § 175-b).
E.
Purchases under a county contract [General Municipal Law § 103(3)].
F.
Purchases under a state contract (General Municipal Law § 104).
G.
Emergency purchases [General Municipal Law § 103(4)].
H.
Sole source purchases (General Municipal Law § 104-b).
I.
Professional services (General Municipal Law § 104-b).
J.
True leases (General Municipal Law § 104-b).
K.
Insurance (General Municipal Law § 104-b).
L.
Second-hand equipment from another government [General Municipal
Law § 103(6)].
A.
All estimated purchases of:
(1)
Less than $20,000 but greater than or equal to $10,000 shall require
a written request for a proposal (RFP) and written quotes from at
least three vendors.
(2)
Less than $10,000 but greater than or equal to $3,000 shall require
a written request and written quote from at least two vendors.
(3)
Less than $3,000 shall be left to the discretion of the purchaser.
B.
All estimated public works contracts of:
C.
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 proposals be a bar to the procurement.
Any written RFP shall describe the desired goods, quantity and
the particulars of delivery. The purchaser shall compile a list of
all vendors from whom quotes have been requested and shall attach
thereto copies of all written quotes.
A.
Documentation is required of each action taken in connection with
each procurement.
B.
All information gathered in complying with the procedures of this
policy shall be preserved and filed by the respective purchaser with
the documentation supporting the subsequent purchase or a 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 lowest responsible proposal or quote shall be awarded the
purchase or public works contract, unless the purchaser prepares 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 lowest
bidder. If a bidder is not deemed responsible, facts supporting that
judgment shall also be documented and filed with the record supporting
the procurement.
Pursuant to General Municipal Law § 104-b, Subdivision
2g, the procurement policy may contain 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 interest of the municipality. In the following
circumstances, it may not be in the best interests of the Town of
Milo to solicit quotations or document the basis for not accepting
the lowest bid:
A.
Professional services or services requiring special or technical
skill, training or expertise.
(1)
The individual or company must be chosen based on accountability,
reliability, responsibility, skill, education and training, judgment,
integrity and moral worth. These qualifications may not necessarily
be 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. In determining
whether a service fits 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 professional services involve a relationship of
personal trust and confidence between the individual and municipal
officers.
(2)
Professional or technical services shall include but not be 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/or services of an insurance
broker; services of a certified public accountant; investment management
services; printing services involving extensive writing, editing or
art work; management of municipally owned property; and computer software
or programming services for customized programs or services involved
in substantial modification and customizing of prepackaged software.
B.
Emergency purchases pursuant to General Municipal Law § 103,
Subdivision 4. Due to the nature of this exception, these goods or
services must be purchased immediately, and, a delay in order to seek
alternate proposals may threaten the life, health, safety or welfare
of the residents. This section does not preclude alternate proposals
if time permits.
C.
Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the Town of Milo 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.
D.
Goods or services under $3,000, aggregate for year from same supplier.
The time and documentation required to purchase through this policy
may be more costly than the item itself and would, therefore, not
be in the best interests of the taxpayer. In addition, it is not likely
that such de minims contracts would be awarded based on favoritism.
However, if aggregate is close to $3,000 or next goods/services would
put aggregate over $3,000 for the year, then two verbal quotes to
be documented by purchaser would be required with an award to lowest
responsible dollar offer.
E.
Sole source. Where the item to be purchased or the services to be
hired can be obtained from only one vendor, competitive bidding is
not possible. The facts that the item or service cannot be obtained
from more than one source and the specifications cannot be modified
to allow for other sources of supply shall be verified by suitable
documentation.
F.
The Town of Milo encourages businesses owned or managed by women
or minorities to provide proposals and/or quotations.
This policy shall be reviewed annually by the Town Board at
its organizational meeting, or as soon thereafter, as is reasonably
practicable.
The unintentional failure to fully comply with the provisions
of General Municipal Law § 104-b shall not be grounds to
void action taken or give rise to a cause of action against the municipality
any officer or employee thereof.
