[HISTORY: Adopted by the Town Board of the
Town of DeWitt as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-8-1993]
Every prospective purchase of goods to be made
must be initially reviewed to determine whether it is a purchase contract
or a public works contract. Once that determination is made, a good-faith
effort will be made to determine whether it is known or can reasonably
be expected that the aggregate amount to be spent on the item of supply
or service is not subject to competitive bidding, taking into account
past purchases and the aggregate amount to be spent in a year.
[Amended 6-24-2013 by L.L. No. 4-2013; 9-23-2019 by L.L. No. 4-2019]
The following items are not subject
to competitive bidding pursuant to § 103 of the General
Municipal Law:
A.
Purchase contracts under $20,000 and public
works contracts under $35,000.
B.
Emergency purchases.
C.
Certain municipal hospital purchases.
D.
Goods purchased from agencies for the blind
or severely handicapped.
E.
Goods purchased from correctional institutions.
F.
Purchases under contracts let by the United
States or any agency thereof, any state or any other political subdivision
or district therein.
G.
Purchases of any surplus and/or second-hand
supplies, material or equipment from the federal government, the State
of New York or from any other political subdivision, district or public
benefit corporation.
H.
Purchase contracts (including contracts
for service work, but excluding any purchase contracts necessary for
the completion of a public works contract pursuant to Article 8 of
the Labor Law) awarded on the basis of best value, as defined in §
163 of the State Finance Law, to a responsive and responsible bidder
or offerer in the manner provided by § 103 of the General Municipal
Law.
I.
Purchases of apparatus, materials, equipment
or supplies, or to contracts for services related to the installation,
maintenance or repair of apparatus, materials, equipment, and supplies
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 in a manner consistent with General
Municipal Law § 103.
The decision that a purchase is not subject
to competitive bidding will be documented in writing by the individual
making the purchase. This document may include written or verbal quotes
from vendors, a memo from the purchaser indicating how the decision
was arrived at, 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.
All goods and services not subject to competitive
bidding will be secured by use of written requests for proposals (RFP),
written quotations, verbal quotations or any other method that assures
that goods will be purchased at the lowest price and that favoritism
will be avoided.
A.
The following method of purchase will be used when
required by this policy in order to achieve the highest savings:
[Amended 6-24-2013 by L.L. No. 4-2013]
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$500 to $2,000
|
Discretion of purchaser
|
|
$2,001 to $5,000
|
Oral request for the goods and oral, fax or
e-mail quotes from 2 vendors
|
|
$5,001 to $20,000
|
A written request (RFP) and written, fax or
e-mail quotes from 3 vendors
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$1,000 to $5,000
|
Discretion of purchaser
|
|
$5,001 to $15,000
|
Written RFP and written or e-mail proposals
from 2 contractors
|
|
$15,001 to $35,000
|
Written RFP and written, fax or e-mail proposals
from 3 contractors
|
B.
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.
C.
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 will
document the attempt made at obtaining the proposals. In no event
shall the failure to obtain the proposals be a bar to procurement.
All information gathered in complying with the
procedures of this policy shall be preserved and filed with the documentation
supporting the subsequent purchase of 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 of DeWitt and its taxpayers to make an award
to other than the low proposer. If a proposer is not deemed responsible,
facts supporting that judgment shall also be documented and filed
with the records supporting the procurement.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, the solicitation of alternative proposals or quotations
will not be required in the best interest of the municipality in the
following circumstances where proper qualifications are not necessarily
found in the individual or company that offers the lowest price and
the nature of these services are such that they do not readily lend
themselves to competitive procurement procedures:
A.
Professional services or services requiring special
or technical skills, training or expertise.
(1)
The individual or company must be chosen based on
accountability, reliability, responsibility, skill, education and
training, judgment, integrity and moral worth.
(2)
In determining whether a service shall fit into this
category, the Town Board shall take into consideration the following
guidelines:
(a)
Whether the services are subject to state licensing
or testing requirements;
(b)
Whether substantial formal education or training is
a necessary prerequisite to the performance of the services; and
(c)
Whether the services require a personal relationship
between the individual and municipal officials.
(3)
Professional and technical services shall include
but not be limited to the following: services of an attorney; services
of a physician; technical services of an engineer or architect engaged
to prepare plans, maps and estimates; securing insurance coverage
and/or services of an insurance broker; services of a certified public
accountant; investment management services; printing services involving
extensive writing, editing or artwork; management of municipally owned
property; and computer software or programming services for customized
programs or services involved in substantial modifications and customizing
of prepackaged software.
B.
Emergency purchases pursuant to § 103, Subdivision
4, of the General Municipal Law. Due to the nature of this exception,
these goods or services must be purchased immediately, and a delay
in order to seek alternate proposals may threaten the life, health,
safety or welfare of the residents. This section does not preclude
alternate proposals if time permits.
C.
Purchases of surplus and secondhand goods from any
source. If alternate proposals are required, the Town is precluded
from purchasing surplus and secondhand goods at auction or through
specific advertised sources where the best prices are usually contained.
It is also difficult to try to compare prices of used goods, and a
lower price may indicate an older product.
D.
Goods under $500 and public works contracts for less
than $1,000. The time and documentation required to purchase through
this policy may be more costly than the item itself and therefore
not be in the best interest of the taxpayer. In addition, it is not
likely that such de minimis contracts would be awarded based on favoritism.
[Amended 6-24-2013 by L.L. No. 4-2013]
[Amended 6-24-2013 by L.L. No. 4-2013]
No portion of this article shall be construed
as preventing the competitive bidding of purchase contracts under
$20,000 or public works projects under $35,000, if so desired.
This policy shall be reviewed annually by the
Town Board at its organizational meeting or as soon thereafter as
is reasonably practicable.
