Town of Blooming Grove, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 3-9-1992. Amendments noted where applicable.]
A. 
Every purchase 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. The following items are not subject to a requirement of competitive bidding pursuant to § 103 of the General Municipal Law:
[Amended 8-11-2015 by L.L. No. 4-2015]
(1) 
Purchase contracts in the amount of $20,000 or less and public works contracts in the amount of $35,000 or less;
(2) 
Emergency purchases;
(3) 
Goods purchased from agencies for the blind and severely handicapped;
(4) 
Goods purchased from correctional institutions;
(5) 
Purchases or services pursuant to § 40-5 of this chapter;
(6) 
Surplus and secondhand purchases from another governmental entity.
B. 
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation 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 lead to an emergency purchase or any other written documentation that is appropriate.
C. 
Every purchase exceeding the monetary limits in § 40-1A(1) shall be subject to competitive bidding. This requirement shall not preclude the Town from purchasing under state, county, or other publically bid contracts.
[Added 8-11-2015 by L.L. No. 4-2015]
A. 
All goods and services will be secured by use of 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, except in the following circumstances:
(1) 
Purchase contracts in the amount of $20,000 or over and public works contracts in the amount of $35,000 or over;
[Amended 8-11-2015 by L.L. No. 4-2015]
(2) 
Goods purchased from agencies for the blind or severely handicapped pursuant to § 162, Subdivision 6, of the State Finance Law;
(3) 
Goods purchased from correctional institutions pursuant to § 186 of the Correction Law;
(4) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(4), regarding purchases under state contracts, was repealed 8-11-2015 by L.L. No. 4-2015.
(5) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(5), regarding purchases under county contracts, was repealed 8-11-2015 by L.L. No. 4-2015.
(6) 
Purchases pursuant to § 40-5 of this chapter.
B. 
Method of purchase.
[Amended 8-11-2015 by L.L. No. 4-2015; 3-8-2016]
(1) 
The following method of purchase will be used when required by this chapter in order to achieve the highest savings:
Estimate Amount of Purchases Contract
Method
Up to $1,000
Discretion of department head
$1,001 to $5,000
Discretion of supervisor with 3 verbal quotes
$5,001 to $19,999
3 written quotations with list of deliverables and schedule
$20,000 and over
To be bid
Estimate Amount of Public Works Contract
Method
Up to $1,000
Discretion of department head
$1,001 to $5,000
Discretion of supervisor with 3 verbal quotes
$5,001 to $34,999
3 written quotations with list of deliverables and schedule
$35,000 and over
To be bid
(2) 
The Town Board may, from time to time, by resolution, amend the limit amounts set forth above.
C. 
The purchase of goods or services which cost $5,000 or more and are not expressly designated in a budget line item shall not be authorized or ordered unless first approved by the Town Board. No purchase shall be made unless a written purchase order sufficiently identifying the goods or service and the contract amount is co-signed by the department head and submitted to the Town Board for approval. In the event of an emergency, a purchase may be made without prior Town Board approval but the purchase order must be co-signed by the department head and any Town Board member.
[Amended 8-11-2015 by L.L. No. 4-2015; 3-8-2016]
D. 
For all contracts requiring the solicitation of price quotations (i.e., contracts in the amount of $1,000 or more), one quotation shall be the state or county contract price, if available.
[Amended 8-11-2015 by L.L. No. 4-2015]
A good-faith effort shall be made to obtain the required number of proposals or quotations and 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 the procurement.
A. 
Documentation is required of each action taken in connection with each procurement.
B. 
Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
Pursuant to General Municipal Law § 104-b, Subdivision 2f, the procurement policy may contain circumstances when or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposal or quotations will not be in the best interest of the municipality. In the following circumstances it may be in the best interest of Blooming Grove to solicit quotations or document the basis for not accepting the lowest bid:
A. 
Professional service or services requiring special or technical skill, 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. These 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.
(2) 
In determining whether a service fits into the 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 or technical services shall include, but not be limited to, the following:
(a) 
Services of an attorney;
(b) 
Services of a physician;
(c) 
Technical services of an engineer engaged to prepare plans, maps and estimates;
(d) 
Securing insurance coverage and/or services of an insurance broker;
(e) 
Services of a certified public accountant;
(f) 
Investment management services and printing services involving extensive writing, editing or art work;
(g) 
Management of municipally owned property; and
(h) 
Computer software or programming services for customized programs or services involved in substantial modification 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 and welfare of the residents. This section does not preclude alternate proposals if time permits.
C. 
Purchase of surplus and secondhand goods from any source. If alternate proposals are required, the town is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product.
D. 
Goods and services under $1,000. The time and documentation required to purchase through this chapter may be more costly than the item itself and would 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 8-11-2015 by L.L. No. 4-2015]