[HISTORY: Adopted by the Town Board of the Town of West Seneca as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-2023 by L.L. No. 1-2023[1]]
[1]
Editor's Note: This local law superseded former Art. I, Procurement and Purchasing Policy, adopted 2-29-2016 by L.L. No. 5-2016.
A. 
This policy has been developed to ensure that the Town of West Seneca New York (the "Town") is in compliance with New York State Municipal Law concerning the procurement of goods and services as defined herein.
B. 
Each municipal governing body is to adopt a procurement policy for all goods and services which are not required by law to be publicly bid. This ensures that goods and services which are not required by law to be procured pursuant to competitive bidding are procured to assure the prudent and economical use of public moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud, and corruption.
C. 
All purchase contracts involving an expenditure of more than $20,000 and all contracts for public works involving an expenditure of more than $35,000 must be publicly bid.
D. 
This policy supersedes any policy previously issued and approved. This policy should be revisited annually at the Town's reorganization meeting.
A. 
Determine aggregates.
(1) 
Every prospective purchase of goods or services shall be evaluated to determine the applicability of § 103 of the General Municipal Law. To determine whether the intended procurement is subject to competitive bidding, Town Officers, board members, department heads or other personnel must first determine if the expected Town-wide aggregate will exceed the aforementioned thresholds of $20,000 for purchase contracts or $35,000 for public works within 12 months of the planned purchase. Aggregates must be examined in two ways:
(a) 
By commodity or service. Every Town officer, board, department head or other personnel must determine the reasonably expected aggregate amount of all purchases of the same commodities, services or technology that will be made within 12 months of the date of the planned purchase.
(b) 
By vendor. Every Town officer, board, department head or other personnel must also determine the reasonably expected aggregate amount of all purchases of the same commodities, services, or technology within 12 months of the date of the planner purchase will be made from the same vendor.
(2) 
Every Town officer, board, department head, or other personnel with the requisite purchasing authority (purchaser) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other departments 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 file or other documentation supporting the purchase activity.
B. 
Quotes and proposals.
Estimated Amount of Purchase Contract
Method
$20,000 and above (required)
Formally bid pursuant to § 103 of the General Municipal Law
$10,000 to $19,999.99
Require a written request for proposal (RFP) and written quotes from 3 vendors. RFPs should be sent to more than three, if possible. Recommendations for approval to Town Board.
$5,000 to $9,999.99
Require an oral request for the goods and written/email quotes from 3 vendors. Recommendations for approval to Town Board.
$1,500 to $4,999.99
Approval from Town Board liaison, as designated at reorganization meeting and written/email quotes from 2 vendors
$0 to $1,499.99
Left to the discretion of the purchaser
Estimated Public Works Contract
Method
$35,000 and above (required)
Formally bid pursuant to § 103 of the General Municipal Law
$10,000 to $34,999.99
Require a written request for proposal (RFP) and written quotes from 3 vendors. RFPs should be sent to more than three, if possible. Recommendations for approval to Town Board.
$5,000 to $9,999.99
Require an oral request for the goods and written/email quotes from 3 vendors. Recommendations for approval to Town Board.
$1,500 to $4,999.99
Approval from Town Board liaison, as designated at reorganization meeting and written/email quotes from 2 vendors
$0 to $1,499.99
Left to the discretion of the purchaser
Any exceptions to the aforementioned thresholds (e.g., sole source provider, etc.) and quote requirements must be documented with a detailed explanation.
C. 
Documentation.
(1) 
Any written RFP shall describe the desired goods, quantity, scope of services to be provided (where applicable), performance standards (where applicable) specifications of goods, price, payment terms, duration, liability clauses, and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered.
(2) 
Any information gathered in complying with the procedures of this article shall be preserved and filed with documentation supporting the subsequent purchase of public works contract.
(3) 
All purchases greater than $4,999.99 require of the submission of the Town's standardized quotes form.
(4) 
Electronic documentation shall be held in accord for compliance with Electronic Signatures and Records Act.
(5) 
All RFPs must inform the potential bidders of the Town's reserved rights.
D. 
Good faith effort. 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.
E. 
Claims approval. Except as otherwise set forth below with respect to any exceptions, all expenditures are subject to the Town's claims approval process. Each claim shall be individually approved by the department head, the finance department, and a board member. Prior to processing for payment, all claims should be reviewed and audited by the remaining board members. All goods and services are tax exempt and should not be charged sales tax. After such audit, the Board shall pass a resolution acknowledging the claims have been audited.
F. 
Vendors/bidders. Each vendor/bidder should be examined for financial and organizational capacity, legal authority to do business in the State of New York, and past performance on prior government contracts. In order for a vendor to be created in the Town's accounting software, the purchaser must remit a valid IRS Form W-9 and Town of West Seneca Independent Contractor Annual Statement of Disclosure (Attachment A) to the Finance Department.[1]
[1]
Editor's Note: Said attachment is on file in the Town offices.
G. 
Shipping. Goods should only be brought/shipped to Town offices or work sites. Goods should never be brought or shipped to personal residences or other non-Town property.
A. 
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
(1) 
Acquisition of professional services.
(2) 
Emergencies.
(3) 
Sole source situations.
(4) 
Goods purchased from agencies for the blind or severely handicapped.
(5) 
Goods purchased from another governmental agency.
(6) 
Goods purchased at auction.
(7) 
Goods purchased for less than $500.
(8) 
Public works contracts for less than $500.
(9) 
Preferred source offerings.
(10) 
Piggyback contracts.
(11) 
OGS centralized contracts.
B. 
All professional services contracts shall be examined by the Town Board every three years; however, such review does not necessitate a written proposal or quotation. When seeking an RFP for professional services, the purchaser shall obtain responses from a minimum of three vendors and should provide documentation if that is not possible. The decision that a purchase is not subject to competitive bidding should be documented in writing by the individual making the purchase. In the event of a question, all such purchases in excess of $4,999.99 shall also be approved as to form by the Town Attorney to ensure compliance with this policy. This documentation may include a memo from the purchaser explaining the decision, 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.
A. 
The Director of Finance shall designate and maintain an up-to-date list of Town credit card holders. A copy of that credit card holder list shall be supplied to the Town Board by January 15 of each year. Within 30 days that a credit card account is opened or closed, the Director of Finance shall notify the Town Board. Prior to making a purchase with a Town-issued credit card, the purchaser must obtain verbal or written approval from the cardholder, if a different individual, prior to any purchase. If verbal, the approval must be subsequently documented in writing. Once the purchase is completed, the transaction should be recorded on a departmental usage log, similar to the Town's Credit Card Purchase Request Form (Attachment B).[1] Once all purchases are completed for the month, the log must be remitted to the department head for recording in the Town's accounting software and forwarded to the Finance Department.
[1]
Editor's Note: Said attachment is on file in the Town offices.
B. 
Credit card payments should not be made prior to the voucher being reviewed by the Finance office and by the Board. To ensure this, credit card transactions should be added to the Town's accounting software one week after receiving the statement.
C. 
To the extent feasible, regular vendors should be using a voucher system rather than individual credit card purchases.
A. 
Purchasing. All requisitions should be approved by the associated department head and board liaison to ensure proper procurement documentation is attached and that funding is available.
B. 
Claims.
(1) 
All expenditures are legally subject to the Town's claims approval process to ensure that:
(a) 
The claim is for a valid and legal purpose.
(b) 
The claim was incurred by an authorized official.
(c) 
Goods have been received and/or services have been rendered.
(d) 
An appropriation is available.
(e) 
Proper documentation is attached.
(2) 
Each claim shall be individually approved within the Town's accounting software by the department head, the finance department, and a board member. Additionally, prior to processing for payment, all claims should be compiled within a warrant and reviewed and audited by the remaining board members. After such audit, the Board shall pass a resolution acknowledging the clams have been audited and directing payment.
(3) 
Per the Office of the New York State Comptroller, payments that do not require and audit prior to paying include:
(a) 
Payroll-related expenses.
(b) 
Payments related to indebtedness.
(c) 
Court-ordered payments.
(d) 
Contracts exceeding one year.
(e) 
Retirement system payments.
(4) 
Per the Office of the New York State Comptroller, payments allowed in advance of an audit include:
(a) 
Public utility services including electric, gas, water, sewer and telephone services.
(b) 
Postage.
(c) 
Freight and express charges.
(d) 
Petty cash reimbursements.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
PURCHASE ORDER
A legally binding document that can be used externally between the purchaser and vendor. This document is created by the Town's accounting software automatically and confirms an order. A purchase order must be amended within the Town's accounting software if an agreement changes.
REQUISITION
An internal request to purchase goods or services. This should be completed prior to making the actual purchase. A requisition should include a description of what is being purchased, the vendor being utilized, the price and the account funds will be charged to. All bidding/quote documentation as required in the procurement policy should be attached to the requisition in the Town's accounting software. Please note that requisitions should not be used for capital projects.
VOUCHER
A document summarizing the invoice information needed for payment. This should include the physical, itemized invoice attached as well as any associated order information and packing slips, if applicable. This information should be reviewed during the approval/audit process and is vital for proper accounting. The voucher should also reference the purchase order number assigned during the beginning of the procurement process.
D. 
Failure to adhere to the aforementioned policy is strictly prohibited and will result in an investigation and potential discipline by the Town Board, consistent with any collective bargaining agreements and law.
[Adopted 8-22-2016 by L.L. No. 12-2016]
It is the intent of the article to enhance the Town's ability to identify the lowest "responsible bidder" on public works construction projects by instituting more comprehensive submission requirements and an evaluation system which is in compliance with New York State General Municipal Law. The Town, based on its experience, has determined that quality workmanship, efficient operation, safety and timely completion of projects are not necessarily assured by awarding a public works contract solely on the basis of low price. This article establishing uniformity of guidelines for determining the responsibility of bidders will assure efficient use of taxpayer dollars, will promote public safety and is in the public interest.
This article shall apply to construction projects subject to the competitive bidding requirements of General Municipal Law § 103 and advertised for bids on or after effective date.
As used in this article, the following terms shall have the meanings indicated:
PUBLIC WORKS
The following: any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, moving, wrecking, painting, decorating, demolishing and adding to or subtracting from any public building, structure, airport facility, highway, roadway, street, alley, bridge, sewer, drain, ditch, sewage disposal plant, water work, parking facility, railroad, excavation or other project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to or fabrication into any structure, project or development, real property or improvement herein described of any material or article of merchandise which is paid for out of a public fund or out of a special assessment. The term also includes any public works leased by a political subdivision under a lease containing an option to purchase.
A. 
New York Vendor Responsibility Questionnaire. Before a public contract may be awarded, contracting officials shall determine the responsibility of potential contractors and subcontractors by reviewing uniform questionnaires submitted by each contractor and subcontractor for the project. All bidders are required to submit the New York State Vendor Responsibility Questionnaire For-Profit Construction (CCA-2) form (hereinafter "uniform questionnaire") to ascertain information as to integrity, responsibility and competence.
B. 
List of subcontractors. Each bidder shall submit a list of the subcontractors used in the calculation of the bid at the time of the bid.
All general bidders for construction projects funded by the Town as set forth above in § 30-5, shall, as a condition for bidding, agree in writing that they shall comply with and require subcontractors to comply with the following obligations set forth below in this section.
A. 
All bidders shall fill out the uniform questionnaire in order to ascertain the financial responsibility, accountability, reliability, skill, judgment and integrity of the apparent lowest bidder. All bidders shall require sub-bidder to fill out the uniform questionnaire within seven days of bid opening.
B. 
The Town shall utilize the "Guidelines for Responsibility Determinations" as set forth in Executive Order No. 170 (9 NYCRR 4.170) in evaluating responsibility of contractors and determining the lowest responsible bidder.
C. 
Contractors and all subcontractors shall properly classify their workers as employees rather than as independent contractors, unless those workers meet the definition of "independent contractors" as set forth in the New York Construction Fair Play Act and shall treat such employees accordingly for purposes of workers' compensation insurance coverage, unemployment insurance, employment taxes and social security taxes.
D. 
Contractors and all subcontractors awarded public works contracts shall require each employee to sign in and out at the beginning and end of each day and list next to his or her name his or her craft and apprenticeship status and to provide such information to the Town's Engineer, or any other designee as appointed by the Town Board, on a biweekly basis. Such information shall be kept in the Town Engineer's office for a period of three years and copies of the same shall be made available to the public immediately upon Freedom of Information Law (FOIL) request.
A. 
The following criteria shall be used as a credit toward a bid determining the lowest responsible bidder. If the Town applies any credit(s) towards a bid, the credit(s) will not reduce the amount of a contract. Example: $1,000,000 bid received a $50,000 local bidder credit. For purposes of determining the lowest bidder, the contractor's bid is $950,000. However, the contract price will remain $1,000,000.
(1) 
The Town shall apply a credit equal to 2% or $20,000, whichever is less, towards the bid of a bidder with a local workforce. "Local workforce" means at least 25% of the bidder's construction employees reside in the county where the work is to be performed or in a county adjacent to the county where the work is to be performed. The bidder is not required to have a place of business in the county where the work is to be performed for this credit to apply.
B. 
The bidder is responsible for requesting credit based upon the above criteria, and upon request by the Town, presenting written proof of compliance until substantial completion as determined by the Town.
A. 
The Town's Engineer, or any other designee as appointed by the Town Board, shall distribute to all bidders a copy of this article and the uniform questionnaire and thereafter collect from bidders all information required by this article and keep such information in his/her offices for a period of three years, review of which will be made available to the public.
B. 
If a bidder fails or refuses to provide all the information requested in this article, or provides false information, the bidder's bid will be rejected at the bid opening.
C. 
The Town's Engineer, or any other designee as appointed by the Town Board, shall post on the Town website one week before the Town makes an award of work to a contractor or subcontractor for a project of $10,000 or more, a listing of the three apparent lowest bidders.
D. 
If any bidding contractor or designated subcontractor is found to have willfully violated New York Labor Law § 220 ("New York Prevailing Wage Law"), that bidder shall automatically be deemed "nonresponsible" and be rejected unless the Town's Engineer, or any other designee as appointed by the Town Board, determines otherwise. Otherwise, based on all of the information collected pursuant to this article and any other factor the Town Board deems relevant, the Town's Engineer, or any other designee as appointed by the Town Board, shall determine if the apparent lowest bidder is in fact "responsible."
E. 
If the apparent lowest bidder is deemed not to be responsible, then the next lowest bidder will be reviewed and so on until the lowest bidder is deemed responsible and selected as the lowest responsible bidder. In the event a bidder fails to furnish the requested information, the bidder shall be deemed disqualified and determined not responsible and the next lowest bidder shall become the apparent lowest bidder.
F. 
If the amount of the lowest responsible bidder appears disproportionately low when compared with estimates undertaken by or on behalf of the Town and/or compared to other bids submitted (10% or greater disparity), the Town reserves the right to inquire further of the apparent lowest bidder to determine whether the bid contains mathematical errors, omissions and/or erroneous assumptions and whether the apparent lowest bidder has the capability to perform and complete the contract for the bid amount.
G. 
No later than five calendar days prior to a final determination that the apparent lowest bidder is not responsible, the Town will notify the party of same in writing stating the reasons and setting forth a time, date and place for the apparent lowest bidder to appear and be heard, but no later than 10 calendar days thereafter prior to a final determination being made.
It is the sole responsibility of the contractor to comply with all submission requirements at the time it submits its bid to the Town. The submission requirements also apply to all subcontractors, except that the contractor shall submit all subcontractor questionnaires to the Town no later than seven days following the bid opening. Contractor and/or subcontractor submissions deemed nonresponsive will result in automatic rejection of the bid.
A. 
Any bidder or subcontractor bidder who fails to comply with any of the obligations described herein, and only following an opportunity for the bidder to be heard, may be subject to one or more of the following sanctions.
(1) 
Temporary suspension of work on the project until compliance is obtained;
(2) 
Withholding by the Town of payment due under the contract until compliance is obtained;
(3) 
Permanent removal from any further work on the project; or
(4) 
Liquidated damages payable to the Town in an amount equal to that which is set forth in the contract documents.
B. 
In addition to the above sanctions, any contractor or subcontractor, its alter ego or control group or principal officer who has been determined to have violated any of the provisions of this article shall be barred from performing any work on future contracts awarded by the Town for six months for the first violation, three months for the second violation and permanently for the third violation.
C. 
Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administration costs.
All information submitted by a contractor or subcontractor pursuant to this article is public record and shall be immediately available to any person upon request.
The requirements of this article are a material part of the bid documents and the contract and the successful bidder shall insert this article in all subcontracts.