Town of Marilla, NY Chapter 115 Procurement Policy

[HISTORY: Adopted by the Town Board of the Town of Marilla 3-11-1999 by L.L. No. 2-1999 (Ch. 47 of the 1999 Code); amended in its entirety 1-12-2012 by L.L. No. 1-2012. Subsequent amendments noted where applicable.]

§ 115-1 Evaluation of purchase.

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 may 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 maintained with file or other documentation supporting the purchase activity.

§ 115-2 Purchases to be formally bid.

All purchases of supplies or equipment which will exceed $10,000 in the fiscal year, or public works contracts over $20,000 in the fiscal year, shall be formally bid pursuant to General Municipal Law § 103.

§ 115-3 Estimated purchases requiring quotes or proposals.

A. Estimated purchases.

(1) All estimated purchases of less than $10,000 but greater than $6,000 require a written request for a proposal (RFP) and written/fax quotes from at least three suppliers.

(2) All estimated purchases of less than $6,000 but greater than $2,500 require an oral request for goods/services and oral/fax quotes from at least two suppliers.

(3) The choice for all estimated purchases of less than $2,500 but greater than $250 are left to the discretion of the purchaser. However, any purchases of $500 or greater shall require prior approval of the Town Board or of the Supervisor where it is not feasible to obtain prior Town Board approval before such purchases shall be made.

[Amended 2-11-2016 by L.L. No. 1-2016]

B. Estimated public works contracts.

(1) All estimated public works contracts of less than $20,000 but greater than $10,000 require a written request for proposal (RFP) and written/fax quotes from at least three suppliers.

(2) All estimated public works contracts of less than $10,000 but greater than $3,000 require a written request for proposal (RFP) and written/fax quotes from at least two suppliers.

(3) All estimated public works contracts of less than $3,000 but greater than $500 are left to the discretion of the purchaser, following normal operating procedure of the Town.

C. All written requests for proposal (RFP) shall describe the goods/services, quantity and particulars of delivery. The purchaser shall compile a list of all suppliers from whom written/fax quotes have been requested and offered. All information gathered in complying with the procedures of this guideline shall be documented and maintained with the file or other documentation supporting the subsequent purchase or public works contract.

§ 115-4 Award to lowest responsible bidder.

The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares 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.

§ 115-5 Good faith effort.

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, the purchaser shall document the attempt made at obtaining the required proposals. In no event shall the inability to obtain the required number of proposals or quotes be a bar to the procurement.

§ 115-6 Exceptions.

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/services purchased from agencies for the blind or handicapped.

E. Goods/services purchased from correctional facilities.

F. Goods/services purchased from other government agencies.

G. Goods purchased at auction.

H. Goods/services purchased for less than $250.

I. Public works contracts for less than $500.

J. Goods/services purchased under state contracts.

§ 115-7 Annual review.

This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon after as is reasonably practicable.