[HISTORY: Adopted by the Town Board of the Town of Chautauqua 1-8-2007 by L.L. No. 2-2007, amended in its entirety 2-11-2008 by L.L. No. 1-2008. Subsequent amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 42, Procurement Policy, adopted 1-9-1995.
Purchases 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. This requirement shall be satisfied upon the completion and filing of the annual budget requests to the Budget Officer.
[Amended 8-14-2017 by L.L. No. 3-2017]
Specific requirements for purchases of supplies and equipment:
[Amended 1-2-2010 by L.L. No. 1-2010; 8-14-2017 by L.L. No. 3-2017]
Specific requirements for public work contracts:
The purchaser shall make a good-faith effort to obtain the required number of proposals or quotes. If the purchaser is unable to obtain the required number of proposals or quotes, the purchaser shall document the attempts made to obtain them. In no event shall the inability to obtain a sufficient number of proposals or quotations be a bar to procurement.
An RFP for sealed quotes shall describe the goods desired, quantity needed, and the particulars of delivery.
The purchaser shall compile a list of all vendors from whom written quotes were requested and from whom quotes were received.
No sealed quotes shall be opened by the purchaser except in the presence of at least two members of the Town Board.
[Amended 5-13-2013 by L.L. No. 2-2013]
The lowest responsible bidder shall be awarded the purchase or public works contract unless the purchaser either prepares a 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 or uses the "best value" option set out below. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
Best value purchasing. Pursuant to General Municipal Law § 103, the Town may award certain purchase contracts and contracts for services using the "best value" standard, as follows:
Definition. For purposes of this section, "best value" means the basis for awarding contracts for purchases and services to the offerer that optimizes quality, cost, and efficiency, among responsive and responsible offerers.
Applicability. The "best value" option may be used for purchase contracts involving an expenditure of more than $20,000 and contracts for services involving an expenditure of more than $35,000 but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Town Board determines will be of the highest quality and most cost-efficient in the long term. The determination of quality and cost efficiency shall be based on an objective and quantifiable analysis, which may take into account the cost of maintenance, proximity to the end user, durability, availability of replacement parts or maintenance contractors, longer product life, quality of craftsmanship, and any other factors deemed relevant by the Town Board.
Documentation. Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the purchase.
Except when directed by the Town Board, the requirements of §§ 42-2 and 42-3 shall not apply in the following circumstances:
Acquisition of professional services.
Emergencies. The purchaser shall document the nature of the emergency with a letter of clarification attached to the payment voucher for the purchase.
Sole-source situations, when documented.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional facilities.
Goods purchased from another governmental agency.
Goods purchased at auction not exceeding $3,000.
Goods purchased for less than $250.
In addition to other remedies available to the Town as an employer, if after a hearing held by the Town Board, it is determined that a Town employee or official made an expenditure in willful violation of this chapter, the Town Board may impose a disciplinary penalty against the violator of up to 10% of the expenditure so made, and the Town may thereafter deduct the penalty amount from the violator's wages, salary, or other form of compensation.
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as reasonably practicable.