[HISTORY: Adopted by the Town Board of the
Town of Van Buren 8-26-1996. 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 canvass of other town 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 the file or other documentation supporting the purchase
activity.
[Amended 10-19-2010 by L.L. No. 5-2010; 8-2-2011 by L.L. No.
5-2011]
All purchases of supplies or equipment which
will exceed $20,000 in the fiscal year or public works contracts over
$35,000 shall be formally bid pursuant to General Municipal Law § 103.
A.
All estimated purchases of equipment or supplies (including
maintenance and repairs) for:
(1)
Less than $499.99 shall be left to the discretion
of purchaser.
(3)
One thousand dollars to $19,999.99 shall require a
written request for a proposal (RFP) and written/fax from three vendors.
[Amended 8-2-2011 by L.L. No. 5-2011]
(4)
Twenty thousand dollars and over shall require solicitation
of bids as per General Municipal Law § 103.
[Amended 8-2-2011 by L.L. No. 5-2011]
B.
All public works contracts for:
(1)
Less than $499.99 shall be left to the discretion
of the purchaser.
(2)
Five hundred dollars to $999.99 shall require two
verbal quotes which shall be recorded on the requested quote sheet
and attached to the purchase order.
(3)
One thousand dollars to $34,999.99 shall require a
written request for a proposal (RFP) and written/fax from three vendors.
[Amended 8-2-2011 by L.L. No. 5-2011]
(4)
Thirty-five thousand dollars or over shall require
solicitation of bids through advertisement in a Town-approved publication
as per General Municipal Law § 103.
[Amended 10-19-2010 by L.L. No. 5-2010]
C.
The above guidelines apply to aggregate amounts spent
on same/like items through the fiscal year (i.e.: if the total number
of water meters for year is projected to exceed $10,000, advertised
solicitations of bids is required unless an exemption applies).
D.
Any written request for purchase (RFP) shall describe
the desired goods, quantity and the particulars of delivery. The purchaser
shall compile a list of vendors from whom written/fax/oral quotes
have been requested and the written/fax/oral quotes offered. All information
gathered in complying with the procedures of this chapter shall be
preserved and filed with the documentation supporting the subsequent
purchase or public works contract and also attached to vouchers submitted
for payment.
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 someone
other than the low bidder (for example, the second low bidder is a
business in town paying Town property taxes, and their quote was within
5% of the low bidder which is an out-of-state business or supplier).
If a bidder is not deemed responsible, facts supporting that judgment
shall also be documented and filed with the records supporting the
procurement.
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 in obtaining the proposals.
In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
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 (as declared by the Town).
(3)
Sole source situations.
(4)
Goods purchased from agencies for the blind or severely
handicapped.
(5)
Goods purchased from correctional facilities.
(6)
Goods purchased from another governmental agency.
(7)
Goods purchased at auction.
(8)
Good purchased through state or county contracts.
B.
Supporting documentation explaining the above must
accompany the purchase (i.e.: a copy of relevant state or county contracts).
[Added 5-3-2016 by L.L.
No. 4-2016]
A.
Notwithstanding the provisions of this Chapter 50 ("Procurement Policy"), the Town of Van Buren may, for purposes of public purchases, utilize the provisions of New York General Municipal Law § 103 with regard to so-called "piggybacking" of purchases. Pursuant to New York General Municipal Law § 103, the Town of Van Buren may purchase through the bids solicited by the United States government, New York State and/or any other state or political subdivision (counties, towns, school districts, etc.), provided that those contracts clearly state that they are available for use by other governmental entities within the requirements of New York General Municipal Law § 103(16). Prior to such purchase, the Town of Van Buren will ensure that a piggyback purchase qualifies as follows:
(1)
The contract must have been let by the United States or any agency
thereof, any state or any other political subdivision or district
therein.
(2)
The contract involved must have been available for use by other governmental
entities through the bid solicitation process. In such case, the Town
of Van Buren should determine that there is contained within the bidding
political subdivision's bid package a provision that the bid
is open to and can be used by either the Town of Van Buren or other
municipalities. This determination should be made on a case-by-case
basis.
(3)
The specific contract must have been let to the lowest responsible
or on the basis of best value and in accordance with or in a manner
consistent with the provisions of New York General Municipal Law § 103.
[Added 5-3-2016 by L.L.
No. 4-2016]
A.
New York General Municipal Law § 103 requires competitive
bidding for purchase contracts and public works contracts and has
historically required that such bids be awarded to the lowest responsible
bidder whose bid meets the requirements of the specifications for
the project. Section 103 was amended to provide that by enacting a
local law so providing, municipalities may award purchase contracts
which would otherwise be subject to the "lowest bidder" rule on the
basis of best value, as defined in State Finance Law § 163,
to a responsive and responsible bidder or offeror.
B.
Notwithstanding the provisions of this Chapter 50 ("Procurement Policy"), the Town of Van Buren Town Board hereby determines that it is in the best interest of the Town of Van Buren and its residents for the Town of Van Buren to have the authority to award purchase contracts on the basis of best value. Factors that may be used to enact the "best value" option, where cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder include but are not limited to:
C.
The Town of Van Buren may award purchase contracts, including contracts
for service work related to the installation, maintenance or repair
of apparatus, equipment and supplies, but excluding any purchase contracts
necessary for the completion of a public works contract pursuant to
Labor Law Article 8, on the basis of best value, as defined in State
Finance Law § 163, to a responsive and responsible bidder
or offeror.
(1)
Where the basis for award is the best value offer, the Town of Van
Buren shall document, in the procurement record and in advance of
the initial receipt of offers, the determination of the evaluation
criteria, which whenever possible shall be quantifiable, and the process
to be used in the determination of best value and the manner in which
the evaluation process and selection shall be conducted.
(2)
Where appropriate, the solicitation shall identify the relative importance
and/or weight of cost and the overall technical criterion to be considered
by the Town of Van Buren in its determination of best value.
(3)
The election to award any such contract on the basis of best value
shall be made by the Town Board. In the event that no such election
is made, purchase contracts will continue to be awarded to the lowest
responsible bidder furnishing any required security in accordance
with this chapter.
A.
This policy is intended to be a guideline for Town
personnel involved in the purchase of goods and services, and no unintentional
violation of this policy shall be deemed to create a claim or cause
of action or form the basis of any claim or a cause of action against
the Town personnel.
B.
This policy does not supersede those instances (i.e.:
conferences, meetings, etc.) where prior Town Board approval is required
before Town funds can be committed. Interpretations of the applicability
of this policy to a specific situation will be made by the Town Comptroller's
office in conjunction with the Town Supervisor's office.
C.
Purchase orders will be issued when funds are committed
and budgeted amounts encumbered when acquisitions are made under the
policy. All purchase orders are to be submitted to the comptroller's
office when written and sent to a supplier.
D.
This policy shall go into effect immediately and will
be reviewed annually.
The purchaser, when deciding to begin the purchasing
process shall make the initial determination whether competitive bidding
is needed. This includes determining if this is a single purchase
or a part of a multi-purchase spread out over the year (i.e., road
salt, water meters, etc.); if Town Board approval is required before
a commitment can be made; if it is a proper Town charge; if it is
a necessary and reasonable expenditure; and if it is provided for
in the annual budget. In summary, the purchaser must be able to provide
the legal authority to make the expenditure.
Once it is determined that the expenditure can
be made, a purchase order shall be completed after quotes/bids are
obtained (if required). Included on the purchase order shall be:
All solicitation bids, verbal or written; copies
of state/county contracts; or other information supporting the purchase
shall be attached to the purchase order. If the purchase requires
advertising bids, a copy of the advertisement and winning bid should
also be attached or a statement included where the documentation is
located. A statement on where nonwinning bids are on file should also
be included, if not attached. If authorization to purchase was received
from the Town Board, the resolution number and date or copy thereof
should be attached.
The purchaser shall sign the purchase order
signifying it is correct, true and adheres to these guidelines.
Purchase orders shall be distributed as follows:
A.
White copy: sent to the supplier.
B.
Light yellow: to the Comptroller's office (duplicate).
C.
Pink (triplicate): kept by the department head. When
the product is received, this copy shall become the receiving copy
to verify quantities received. It shall also be attached to the invoice/voucher
and submitted to the Comptroller's office. If multiple receiving against
the purchase order is anticipated, a photo copy shall be submitted
until the final receiving is received.
D.
Dark yellow, file copy: kept by the department head.
A.
Purchase orders shall be submitted to the Comptroller's
office for processing when the department makes the commitment to
purchase.
B.
The Comptroller's office shall date stamp all purchase
orders upon receipt.
C.
The Comptroller shall review the purchase order for
adherence to bid procedures, if required, appropriation lines being
charged for correctness and whether the purchase order is complete.
D.
Open purchase orders shall be entered into the computer,
monthly or at year end encumbering the funds.
E.
When the goods are received, the department head shall
compare the purchase order to the receiving documents to the invoice
for correctness. If the purchase order is complete, the pink copy
shall be attached to the invoice and submitted to the Comptroller's
office. If the order is not complete, the copy shall be attached to
the voucher.
F.
Comptroller's office shall date stamp the vouchers
and number them in sequence when received.
G.
The voucher shall be verified to supporting documentation
for completeness. If a significant problem exists, the voucher shall
be returned to the department for correction.
H.
The voucher shall be entered into the computer for
payment.
