[HISTORY: Adopted by the Town Board of the Town of Cazenovia 8-12-2013; amended in its entirety 1-13-2014. Subsequent amendments noted where applicable.]
Purchasing — See Ch. 30.
Editor's Note: This resolution also superseded former Ch. 29, Procurement Policy, adopted 7-13-1992.
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.
The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; certain goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under New York State and county contracts; and surplus and secondhand purchases from another governmental entity.
The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual or department head 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 item or service is exempt, a memo from the purchaser detailing the circumstances which lead to an emergency purchase, or any other written documentation that is appropriate.
All goods and services will be secured by the use of written requests for proposals, written quotations, verbal quotations or any other methods that assure its goods will be purchased at the lowest price and favoritism will be avoided, except in the following circumstances: purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from the agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to § 186 of the correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law, as amended; and purchases under county contracts pursuant to § 103(3) of the General Municipal Law.
Editor's Note: Section 175-b of the State Finance Law was repealed by L. 1995, c. 83, effective April 1, 1995.
The following method of purchase will be used when required by this policy in order to achieve the highest savings:
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 required number of proposals be a bar to the procurement.
If a contract is not awarded to the lowest responsive, responsible offerer, an explanation shall be provided and kept by the Town. The documentation will include an explanation of how the award will achieve savings or how the offer was not a responsible or responsive one. A determination that the offer is not from a responsible or a responsive party may not be challenged under any circumstances. A purchase may also be made in conformance with the best-value practice as adopted by the Town of Cazenovia Local Law Authorizing Purchasing Based on Best Value.
Pursuant to General Municipal Law § 104-b(2)(f), there are circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interests of the Town. In the following circumstances, it may not be in the best interests of the Town of Cazenovia to solicit quotations or documents as a basis for not accepting the lowest bid:
Professional services or services requiring special technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skills, 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 is such that they do not readily lend themselves to competitive procurement procedures.
In determining whether a service fits into this category, the Town Board shall take into consideration the following guidelines:
Professional technical services shall include, but are not limited to, the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or artwork; management of a municipally owned property; and computer software or programming services for customized programs or services involving a substantial modification and customization of prepackaged software.
Emergency purchases pursuant to § 103(4) of the General Municipal Law. Due to the nature of this exception, these goods and services must be purchased immediately, and a delay in order to seek alternate proposals may threaten the life, health, safety and/or welfare of the residents. This section does not preclude alternate proposals if time permits.
Purchases of surplus and secondhand goods, subject to written approval of the Town Board. Purchases from auctions are subject to prior Town Board approval.
Goods under $250 and public works contracts for less than $500. The time and documentation required is more costly then the item itself and would, therefore, not be in the best interests of the taxpayer. In addition, it is not likely that such contracts would be awarded based on favoritism.
Notwithstanding anything to the contrary included in the policy, the following special additional provisions for Highway Department purchases shall apply:
The Highway Superintendent may contract the purchase of equipment and tools, without additional Town Board approval, up to $3,000 [Highway Law § 142(1a)].
When highway machinery is to be purchased, the Town Board shall authorize the Supervisor to procure such equipment (Highway Law § 266).
The Highway Superintendent shall file with the Town Board, before September 30 of each year, written recommendations on equipment that should be purchased and the projected costs thereof [Highway Law § 142(3)].
The Highway Superintendent may sell equipment when the Town Board approves. Such equipment may also be used as trade-in for new equipment (Highway Law § 143).
Upon Town Board approval and subject to applicable law, needed machinery may be leased or rented by the Highway Superintendent, upon whose order payment will be made by the Supervisor from highway repair funds (Highway Law § 143). Written estimates shall be obtained by the Highway Superintendent for review by the Town Board, as needed.
Equipment may be purchased under installment contract pursuant to General Municipal Law § 109-b when approved by the Town Board.
The Town Board and the Highway Superintendent shall develop a system to track costs associated with each of the Town's vehicles, including repairs and refurbishing, noting gas, parts, equipment and labor for the upkeep, maintenance and repair of each of said vehicles and such other pertinent cost information as may be needed to evaluate the expended life of the vehicle and for evaluation as to the need for replacement and procurement.
Notwithstanding the provisions of this Procurement Policy, the Town of Cazenovia may, for purposes of public purchases, utilize the provisions of General Municipal Law § 103 with regard to so-called "piggybacking" of purchases. Pursuant to General Municipal Law § 103, the Town of Cazenovia may purchase through the bids solicited by the United States government, New York State and/or any other political subdivision (counties, towns, villages, school districts, etc.), provided those contracts clearly state that they are available for use by other governmental entities within the requirements of General Municipal Law § 103(16). Prior to such purchase, the Town of Cazenovia will ensure that a piggyback purchase qualifies as follows:
The contract involved must have been available for use by other governmental entities through the bid solicitation process. In such case, the Town of Cazenovia should determine that there is contained within the bidding municipality's bid package a provision that the bid is open to and can be used by either the Town of Cazenovia or other municipalities. This determination should be made on a case-by-case basis.
The specific contract must have been issued in accordance with the provision of General Municipal Law § 103.
The Town Board shall review this Procurement Policy annually and, where needed, update the policy.
This policy shall go into effect upon Town Board resolution approval.