[HISTORY: Adopted by the Town Board of the
Town of Philipstown 7-9-1992 by Res. No. 100-92. Amendments noted where
applicable.]
GENERAL REFERENCES
Contracts and agreements — See Ch. 14.
A.
Every prospective purchase contract of goods, equipment,
work or services and every prospective public works contract shall
be evaluated to determine the applicability of General Municipal Law
§ 103. If it is determined that competitive bidding is not
required by law, the documentation supporting this conclusion shall
be kept in the Town's file.
[Amended 2-4-2010 by Res.
No. 55-10]
All purchase contracts for goods, equipment
or services involving an expenditure of more than $10,000 or all public
works contracts involving an expenditure of more than $35,000 shall
be formally bid pursuant to General Municipal Law § 103.
A.
All purchase contracts of goods, equipment, work or
services estimated to be:
(1)
Equal to or less than $10,000 but greater than $5,000
require that a written request for a proposal (RFP) be given to at
least two vendors who shall be asked to submit written or FAX proposals
or quotes.
(2)
Equal to or less than $5,000 but greater than $2,500
require that an oral request be given to at least two vendors who
shall be asked to submit oral, written or FAX proposals or quotes.
(3)
Equal to or less than $2,500 shall be left to the
discretion of the purchaser.
B.
All public works contracts estimated to be:
[Amended 2-4-2010 by Res.
No. 55-10]
(1)
Equal to or less than $35,000 but greater than $10,000
require that a written RFP be given to at least two contractors who
shall be asked to submit written or FAX proposals or quotes.
(2)
Equal to or less than $10,000 but greater than $5,000
require that an oral request be given to at least two contractors
who shall be asked to submit oral, writen or FAX proposals or quotes.
(3)
Equal to or less than $5,000 shall be left to the
discretion of the purchaser.
C.
Any written RFP shall describe the desired goods,
equipment, work or services, the quantity and the particulars of delivery.
The purchaser shall compile a list of all vendors or contractors from
whom written, FAX or oral proposals or quotes are requested, and the
written, fax or oral proposals or quotes offered by the vendors or
contractors. All information gathered in complying with this chapter
shall be preserved and filed with the documentation supporting the
subsequent purchase or public works contract.
The lowest responsible dollar offeror shall
be awarded the purchase or public works contract unless the purchaser
prepares a written justification setting forth the reasons why a contrary
award furthers the purpose of General Municipal Law § 104-b.
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.
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.
Purchase contracts for equal to or less than $2,500.
I.
Public works contracts for equal to or less than $5,000.
[Amended 7-14-1994 by Res. No. 112-94[1]]
A.
The Town Board hereby creates an Expenditure Review
Committee comprised of two members appointed by the Town Supervisor.
B.
The Expenditure Review Committee shall serve as a
preaudit advisory committee to all Town departments and employees
who shall submit any contract for purchases over $250 and which requires
Town Board approval under Town Law § 64 to said Committee
for its review and advice before submitting the same to the Town Board
for final approval. Approval shall not be required for purchases previously
approved by the Town Board.
C.
This policy may be suspended by a department or agency
head and Expenditure Review Committee approval need not be obtained
where an emergency requires that such expenditure be made to address
the emergency at hand before such approval can be obtained. Such department
or agency head shall be required to submit to the Town Board, in writing
or in a public meeting, a full accounting as to the circumstances
leading to the suspension of this policy at the time of requesting
approval of the contract under Town Law § 64.
These policies and procedures shall be reviewed
annually by the Town Board at is organizational meeting or as soon
thereafter as is reasonably practicable and may be amended from time
to time by resolution of the Town Board.
The unintentional failure to fully comply with
the provisions of these procurement policies and procedures shall
not be grounds to void any action taken or give rise to a cause of
action against the Town or any officer or employee thereof.