[HISTORY: Adopted by the Town Board of the
Town of Chautauqua 1-8-2007 by L.L. No. 2-2007;[1] amended in its entirety 2-11-2008 by L.L. No. 1-2008.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed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:
|
Estimated Cost of Purchase
|
Procedure
|
|---|---|
|
More than $500 but less than $14,999.99
|
May be made at the discretion of the purchaser,
provided the appropriate budget line item supports the purchase
|
|
More than $15,000 but less than $49,999.99
|
Requires an oral request for the goods and written
quotes from at least three vendors
|
|
More than $50,000 but less than $99,999.99
|
Requires a written request for proposal (RFP)
and sealed quotes from at least three vendors
|
|
Greater than $100,000
|
Requires formal bidding process pursuant to
General Municipal Law § 103
|
[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:
|
Estimated Cost of Contract
|
Procedure
|
|---|---|
|
More than $500 but less than $14,999.99
|
May be made at the discretion of the purchaser,
provided the appropriate budget line item supports the purchase
|
|
More than $15,000 but less than $49,999.99
|
Requires a written request for proposal (RFP)
and sealed quotes from at least three vendors
|
|
Greater than $50,000
|
Requires formal bidding process pursuant to
General Municipal Law § 103
|
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.
A.
An RFP for sealed quotes shall describe the goods
desired, quantity needed, and the particulars of delivery.
B.
The purchaser shall compile a list of all vendors
from whom written quotes were requested and from whom quotes were
received.
C.
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]
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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:
A.
Acquisition of professional services.
B.
Emergencies. The purchaser shall document the nature
of the emergency with a letter of clarification attached to the payment
voucher for the purchase.
C.
Sole-source situations, when documented.
D.
Goods purchased from agencies for the blind or severely
handicapped.
E.
Goods purchased from correctional facilities.
F.
Goods purchased from another governmental agency.
G.
Goods purchased at auction not exceeding $3,000.
H.
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.
