[Adopted 7-10-2014 by Res. No. 188-2014 (Ch. 26, Art. III, of the 1996
Code)]
[Amended 6-25-2020 by L.L. No. 3-2020]
The Town of Macedon adopts the following procurement policy
which is intended to apply to all goods and services which are not
required by law to be publicly bid and not otherwise excluded.
A.
Every purchase made will 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, taking into account past purchases and the aggregate amount
to be spent in a year. The following items are not subject to competitive
bidding pursuant to § 103 of the General Municipal Law:
purchase contracts under $20,000 and public works contracts under
$35,000; emergency purchases; certain municipal hospital purchases;
goods purchased from agencies for the blind or severely handicapped;
goods purchased from correctional institutions; purchases under state
and county contracts; and surplus and secondhand purchases from another
government entity.
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 quotes from vendors,
a memo from the purchaser indicating how the decision was arrived
at, a copy of the contract indicating the source which makes the item
or service exempt, or a memo from the purchaser detailing the circumstances
which led to an emergency purchase.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to § 55-8B of this article will be secured by use of written requests for proposals, written quotations, verbal quotation, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided.
A.
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts under $20,000 and public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases pursuant to § 55-8B of this article:
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
Up to $499
|
Discretion of the purchaser
|
|
$500 to $1,999
|
3 verbal quotations
|
|
$2,000 to $19,999
|
3 written/fax quotations or written request for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
Up to $250
|
Discretion of the purchaser
|
|
$250 to $2,999
|
2 verbal quotations
|
|
$3,000 to $9,999
|
3 written/fax quotations
|
|
$10,000 to $35,000
|
3 written/fax quotations or written request for proposals
|
B.
A good-faith effort shall be made to obtain the required number of
alternate proposals. If the purchaser is unable to obtain the required
number of alternate proposals, the purchaser will document the attempt
made at obtaining the proposals, but in no event shall the failure
to obtain the proposals be a bar to the procurement.
A.
Documentation is required of each quotation or request for proposals
taken in connection with each procurement.
B.
Documentation and an explanation are required whenever a contract
is awarded to other than the lowest best value responsive and responsible
bidder or offerer. This documentation will include an explanation
of how the award will achieve savings. The purchaser will be responsible
for determining if the bidder is best value/responsible.
A.
In the following circumstances, it is not in the best interests of
the Town of Macedon to solicit quotations or document the basis for
not accepting the lowest bid. In these circumstances, the individual
or company must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity, moral worth, and
the ability to have a close relationship with the governing body.
These qualifications are not necessarily found in the individual or
company that offers the lowest price and the nature of the services
are such that they do not readily lend themselves to competitive procurement
procedures. The citizens of the municipality deserve the benefit of
expertise in these types of services as it may ultimately save the
taxpayers money.
(1)
Services of an attorney;
(2)
Services of a physician;
(3)
Technical services of an engineer engaged to prepare plans, maps
and estimates;
(4)
Securing insurance coverage and/or services of an insurance broker;
(5)
Services of a certified public accountant;
(6)
Investment management services;
(7)
Printing services involving extensive writing, editing or art work;
(8)
Management of municipally owned property; and
(9)
Computer software or programming services for customized programs,
or services involved in substantial modification and customizing of
prepackaged software.
B.
In addition, in the following situations it is not in the best interests
of the municipality to secure alternate proposals because of the time
required and type of purchase:
