[HISTORY: Adopted by the Town Board of the Town of Horseheads as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-1994; amended in its entirety 1-26-2011 by Res. No. 54-2011]
The intent of this article is that goods and services, which are not required by law to be procured pursuant to competitive bidding, must be procured in a manner to assure the prudent and economical use of the public moneys, in the best interest of the taxpayers, 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. To further these objectives, the governing board is adopting internal policies and procedures governing all procurement of goods and services, which are not required to be procured pursuant to the competitive bidding requirements of General Municipal Law § 103 or of any other general, special or local law.
A. 
Every Town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter "purchase") shall estimate the cumulative amount of the items of supplies or equipment needed in a given fiscal year. The information gathered and conclusions reached shall be documented and kept with the file and other documentation supporting the purchase activity, as set forth herein.
B. 
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows:
(1) 
Determination. All procurement must be examined and categorized as follows:
(a) 
No competitive bidding and, except when directed by the Town Board, no solicitations of written proposals or quotations shall be required for purchases under the following:
[1] 
Articles manufactured in a New York State correctional facility (Corrections Law §§ 184, 186).
[2] 
Purchased from agencies for the blind or severely handicapped (State Finance Law § 175-b[1]).
[1]
Editor's Note: State Finance Law § 175-b was repealed by L. 1995, c. 83, § 33.
[3] 
Purchases under a county contract [General Municipal Law § 103(3)].
[4] 
Purchases under a state contract (General Municipal Law § 104).
[5] 
Emergency purchases [General Municipal Law § 103(4)].
[6] 
Sole source purchases (General Municipal Law § 104-b).
[7] 
Professional services (General Municipal Law § 104-b).
[8] 
True leases (General Municipal Law § 104-b).
[9] 
Insurance (General Municipal Law § 104-b).
[10] 
Secondhand equipment from another government [General Municipal Law § 103(6)].
(b) 
Competitive bidding:
[1] 
Purchase contract of $20,000 or more.
[2] 
Contracts for public work if $35,000 or more.
(c) 
Piggybacking.
[Added 9-9-2020 by Res. No. 121-2020[2]]
[1] 
Notwithstanding the provisions of this article 44, Procurement Policy, the Town of Horseheads may, for purposes of public purchases, utilize the provisions of New York General Municipal Law § 103 (GML §103) with regard to "piggybacking" of purchases. Pursuant to GML § 103, the Town 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 with the requirements of GML §103.
[2] 
Prior to such purchase, the Town shall ensure that a piggyback purchase qualifies as follows:
[a] 
The contract must have been let by the United States or any agency thereof, any state or any other political subdivision of district.
[b] 
The contract involved must have been available for use by other government entities through the bid solicitation process. In such case, the Town 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 the Town or other municipalities. This determination should be made on a case-by-case basis.
[c] 
The specific contract must have been let to the lowest responsible bidder or on the basis of best value and in accordance with or in a manner consistent with the provisions of GML § 103.
[2]
Editor's Note: This resolution also provided for the redesignation of former Subsection B(1)(c) as Subsection B(1)(d).
(d) 
Other analysis:
[1] 
Purchases should be evaluated to determine whether, over the course of the fiscal year, the Town of Horseheads will spend in excess of the competitive bidding thresholds for the same or similar items or services. Prior years' budgetary appropriations should be referred to for this information and compared with current projections. The estimate shall include the canvass of other Town departments and past history to determine the likely annual value of the commodity to be acquired.
[2] 
Reference to the statute (General Municipal Law § 104, as it may be amended) should be made for all purchases cited in Subsection B(1)(a) above.
(2) 
Documentation. Determination that a purchase is not subject to competitive bidding requirements shall be documented as follows, and kept with the records of the purchase:
(a) 
Copies or notations of all written indicia of dollar amounts.
(b) 
Notation of all verbal indicia of dollar amounts.
(c) 
Where appropriate, reference to prior years' budgetary purchase amount information.
(d) 
For all items determined not to be subject to competitive bidding for reasons other than dollar amount, a written notation of the facts justifying the particular category of exception must be made.
(e) 
If full compliance with these documentation requirements is not practical, a note of explanation shall be made and placed with the purchase records.
(3) 
Policies and procedure for procurements.
(a) 
Proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method or procurement which furthers the purposes of the General Municipal Law.
(b) 
It is acknowledged that, though the suggested number of quotes should be diligently sought, they may not always be practically available.
(c) 
Purchases.
[1] 
All estimated purchases of less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors, and acceptance by the Town Board.
[2] 
All estimated purchases of less than $10,000 but greater than $5,000 require written/fax quotes from three vendors.
[3] 
All estimated purchases of less than $5,000 but greater than $1,000 require two verbal quotes.
[4] 
All estimated purchases of less than $1,000 are left to the discretion of the purchaser.
(d) 
Public works.
[1] 
All estimated public works contracts of less than $35,000 but greater than $20,000 require a written RFP and written/fax proposal from three contractors, and acceptance by the Town Board.
[2] 
All estimated public works contracts of less than $20,000 but greater than $10,000 require written/fax proposals from three contractors.
[3] 
All estimated public works contracts of less than $10,000 but greater than $2,500 require two verbal quotes.
[4] 
All estimated public works contracts of less than $2,500 are left to the discretion of the purchaser.
(4) 
Emergency option. Where by virtue of the nature of the emergency option, a review by the Town Board is not available, approval may be given by the Town Supervisor or Acting Town Supervisor, and reported to the Town Board as soon as practicable.
Documentation of actions taken in connection with each such method of procurement is required as follows:
A. 
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 are offered.
B. 
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. Attached to the purchase documents (i.e., invoices, voucher, bills, etc.) shall be notes of any verbal quotes and notations of or copies of any written quotes, any requests for proposals responses, or other proposals, contracts, or other documentation of the not-bid procurement process. If full compliance with this provision is not practical, a written note of explanation shall be made and placed with the purchase records.
C. 
It is the purpose of this policy to assist Town of Horseheads officials in obtaining the best value for the Town of Horseheads, New York, consistent with the stated purpose of the resolution. It is acknowledged that perfect compliance is not always practical. In such cases, consistent with the requirement of General Municipal Law § 104, the reasons for any deviations shall be noted with the purchase files.
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 interests of the Town and its taxpayers to make an award to other than the low bidder. If the bidder is deemed not responsible, acts supporting that judgment shall also be documented and filed with the record supporting the procurement.
Comments concerning the policies and procedures shall be solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of the policies and procedures, and will be encouraged at all times hereafter.
The Town Board shall annually review these policies and procedures. The Town Supervisor shall be responsible for conducting an annual review of the internal control structure established to ensure compliance with the procurement policy. It is contemplated that the annual review will be made during annual budget preparation, or such other time as the Town Supervisor may designate.
The unintentional failure to fully comply with the provisions of General Municipal Law § 140-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Horseheads or any officer or employee thereof.
[Adopted 6-8-2022 by Res. No. 94-2022]
It is the policy of the Town of Horseheads not to discriminate on the basis of disability. The Town of Horseheads has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) of the U.S. Department of Health and Human Services regulations implementing the Americans with Disabilities Act (the "Act"). Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. The law and the Town of Horseheads regulations may be examined in the office of the Town Clerk of the Town of Horseheads, Section 504 Coordinator, (845) x 302, who has been designated to coordinate the efforts of the Town of Horseheads to comply with Section 504.
Any person who believes she or he has been subjected to discrimination on the basis of disability my file a grievance under this procedure. It is against the law for the Town of Horseheads to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.
A. 
Grievances must be submitted to the Section 504 Coordinator within seven days of the date the person filing the grievance becomes aware of the alleged discriminatory action.
B. 
A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
C. 
The Section 504 Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Section 504 Coordinator will maintain the files and records of the Town of Horseheads relating to such grievances.
D. 
The Section 504 Coordinator will issue a written decision on the grievance no later than 30 days after its filing.
E. 
The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the Town of Horseheads Supervisor within 15 days of receiving the Section 504 Coordinator's decision. The Town of Horseheads Supervisor shall issue a written decision in response to the appeal no later than 30 days after its filing.
F. 
The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Health and Human Services, Office for Civil Rights.
The Town of Horseheads will make appropriate arrangements to ensure that disabled persons are provided other accommodations, if needed, to participate in this grievance process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. The Section 504 Coordinator will be responsible for such arrangements.