[HISTORY: Adopted by the Town Board of the
Town of Henrietta 1-1-2001. Amendments noted where applicable.]
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 the items of
supply or equipment needed in a given fiscal year. That estimate shall
include the canvas of other Town governments and past 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 the purchase activity.
[Amended 5-9-2018 by L.L.
No. 4-2018]
Every prospective purchase of goods or services shall be evaluated
to determine the applicability of competitive bidding under General
Municipal Law § 103. Specifically:
A.
The purchase of supplies or equipment involving an expenditure of
greater than $20,000 shall be bid on pursuant to General Municipal
Law § 103, unless there is an applicable exception; and
B.
All contracts for public work involving an expenditure of greater
than $35,000 shall be bid on pursuant to General Municipal Law § 103,
unless there is an applicable exception.
[Amended 5-9-2018 by L.L.
No. 4-2018]
The following methods and procedures shall be utilized for purchases
where it is determined that competitive bidding is not required, unless
the purchase qualifies as an exception as per below:
A.
All estimated purchases totaling:
(1)
One thousand dollars or less shall be left to the discretion of the
purchaser;
(2)
Two thousand five hundred dollars or less but greater than $1,000
require oral requests with three oral/fax quotes from vendors; and
(3)
Over $2,500 require written requests and three written/fax quotes
from vendors, whenever possible.
[Amended 5-9-2018 by L.L.
No. 4-2018]
A.
Lowest responsible bidder. Unless awarded on the basis of best value
as further specified herein, or where an exception otherwise applies,
where a purchase or contract is subject to competitive bidding, the
lowest responsible quote shall be awarded unless the purchaser prepares
a written, lawful 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.
B.
Best value. A contract may be awarded on the basis of best value
for purchase contracts (including contracts for service work, but
excluding any purchase contracts necessary for the completion of a
public works contract pursuant to Article 8 of the Labor Law) as authorized
in § 103 of the General Municipal Law and as defined in
§ 163 of the State Finance Law, as more specifically set
forth below.
(1)
Pursuant to the New York State Finance Law, "best value" shall be
the contract which optimizes quality, cost and efficiency, among responsive
and responsible offerers.
(2)
Where a bid is awarded based upon best value, the basis for such
award shall be documented and shall reflect, wherever possible, objective
and quantifiable analysis.
[Amended 5-9-2018 by L.L.
No. 4-2018]
A good-faith effort shall be made to satisfy the required number
of quotes and/or proposals. However, if the purchaser is unable to
satisfy the requirement for quotes and/or proposals, that purchaser
shall document attempts made to meet that requirement. In no event
shall the inability to meet the requirement for number of quotes and/or
proposals be a bar to procurement where a good-faith effort has been
made by the purchaser.
Except when directed by the Town Board, no solicitation
of written proposals or quotations shall be required under the following
circumstances:
A.
Acquisition of professional services.
B.
Emergencies.
C.
Sole source situations.
D.
Goods purchased from agencies for the blind or severely
handicapped.
E.
Goods purchased from correctional facilities.
F.
Goods purchased from another governmental agency.
G.
Goods purchased at auction.
H.
Goods purchased for less than $300.
I.
Public works contracts for less than $500.
J.
Purchases from county or state contracts.
K.
Piggybacking: the purchase of apparatus, materials, equipment and
supplies, or a contract for services related to the installation,
maintenance or repair of those items, through the use of contracts
let by the United States or any agency thereof, any state or any other
political subdivision or district therein, all as more particularly
set forth in General Municipal Law § 103, Subdivision 16.
[Added 5-9-2018 by L.L.
No. 4-2018]
(1)
In order for this to qualify as a valid exception to competitive
bidding, the underlying original contract must have been made available
to other governmental agencies and must have been let to the lowest
responsible bidder or via best value, consistent with New York General
Municipal Law § 103, Subdivision 16.
[Added 5-9-2018 by L.L.
No. 4-2018[1]
Upon resolution, the Town may standardize a particular contract
by establishing, for example, a particular kind or brand of equipment,
materials or supplies required for reasons of efficiency or economy.
The basis for the standardization shall be set forth in such resolution.
This policy shall be reviewed annually by the
Town Board at its organizational meeting or as soon thereafter as
is reasonably practicable.
