[HISTORY: Adopted by the Town Board of the
Town of Milan 1-13-1992. 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 10-20-2014 by L.L. No. 5-2014]
All purchases of supplies or equipment costing
$20,000 or more in the fiscal year or public works costing $35,000
or more in the fiscal year shall be formally bid pursuant to General
Municipal Law.
A.
All estimated purchases of:
[Amended 10-20-2014 by L.L. No. 5-2014]
(1)
Less
than $20,000, but $10,000 or more shall require a written request
for a proposal (RFP) and written quotes from three vendors.
(2)
Less
than $10,000, but $5,000 or more shall require a written request for
a proposal (RFP) and written quotes from two vendors.
(3)
Less
than $5,000, the Milan Town Board shall provide by resolution for
any estimated purchase.
B.
All estimated public works contracts of:
[Amended 10-20-2014 by L.L. No. 5-2014]
(1)
Less
than $35,000, but $20,000 or more shall require a written request
for a proposal (RFP) and written quotes from three vendors.
(2)
Less
than $20,000, but $10,000 or more shall require a written request
for a proposal (RFP) and written quotes from two vendors.
(3)
Less
than $10,000, the Milan Town Board shall provide by resolution for
any estimated public works contract.
C.
Any written RFP shall describe the desired goods,
quantity 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.
D.
All information gathered in complying with the procedures
of this section shall be preserved and filed with the documentation
supporting the subsequent purchase or public works contract.
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 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.
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.
Goods purchased for less than $250.
I.
Public works contracts for less than $500.
[Added 5-15-2023 by L.L. No. 3-2023[1]]
Piggybacking is permissible as an exception to the general bidding
requirements set forth in Subdivisions 1, 2 and 3 of General Municipal
Law § 103, and § 104 of the General Municipal
Law. Consistent with General Municipal Law § 103, Subdivision
16, the Town Board may make purchases of apparatus, materials, equipment
or supplies, or contract for services related to the installation,
maintenance or repair of apparatus, materials, equipment and supplies,
as may be required through the use of a contract let by the United
States of America or any agency thereof, any state or any other political
subdivision or district therein if such contract was let to the lowest
responsible bidder or on the basis of best value and made available
for use by other governmental entities.
This policy shall reviewed annually by the Town
Board at its organizational meeting or as soon thereafter as is reasonably
practicable.
