Every prospective purchase of goods or services shall be evaluated
to determine the applicability of General Municipal Law § 103.
[Amended 6-21-2023 by L.L. No. 1-2023]
All purchases of supplies or equipment which will exceed $20,000
in the fiscal year or public works contracts over $35,000 shall be
formally bid pursuant to General Municipal Law § 103.
[Amended 6-21-2023 by L.L. No. 1-2023]
A. All estimated purchases of:
(1) Less than $20,000 but greater than $10,000 require a written request
for a proposal (RFP) and written quotes from three vendors.
(2) Less than $10,000 but greater than $2,500 require an oral request
for the goods and oral/written quotes from two vendors.
(3) Less than $2,500 are left to discretion of the department head/designee.
B. All estimated public works contracts of:
(1) Less than $35,000 but greater than $15,000 require a written RFP
and written proposals from three contractors.
(2) Less than $15,000 but greater than $5,000 require an oral RFP and
written proposals from two contractors.
(3) Less than $5,000 are left to the discretion of the department head/designee.
C. Any written RFP shall describe the desired goods, quantity and the
particulars of delivery. The purchaser shall compile a list of all
vendors from whom written/oral quotes have been requested and the
written/oral quotes offered.
D. All information gathered in complying with the procedures of this
section shall be preserved and filed with the documentation supporting
the subsequent purchase or public works contract.
[Amended 6-21-2023 by L.L. No. 1-2023]
A. The lowest responsible proposal or quote shall be awarded the purchase
or public works contract unless the purchaser 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. If a bidder
is not deemed responsible, facts supporting that judgment shall also
be documented and filed with the record supporting the procurement.
B. Award based on "best value" pursuant to Labor Law Article 8, as defined
in the State Finance Law § 163, for award of purchase contracts
for the completion of a public works contract to a responsive and
responsible bidder/offeror.
C. Where the basis for award is the best value offer, the Town shall
document, in the procurement record and in advance of the initial
receipt of offers, the determination of evaluation criteria, which,
whenever possible, shall be quantifiable, and the process to be used
in the determination of best value and the manner in which the evaluation
process and selection shall be conducted.
D. Where appropriate, the solicitation shall identify the relative importance
and/or weight of cost and the overall technical criterion to be considered
by the Town in the determination of best value.
E. The election to award any such contract on the basis of best value
shall be made by the Town. If no such election is made, purchase contracts
will continue to be awarded to the lowest responsible bidder furnishing
any required security in accordance with the Town's requests.
F. The Town of Batavia may piggyback upon contracts that have been awarded
by the United States or agency thereof, any state or any county, political
subdivision or district therein. In order for this exception to apply,
a contract must be let either to the lowest responsible bidder or
on the basis of best value in a manner consistent with § 103
of the General Municipal Law. The contract must explicitly authorize
piggybacking and must be let in accordance with competitive bidding
laws.
G. The Town of Batavia is authorized to enter cooperative purchasing
arrangements for the purchase of goods, services, supplies or equipment.
The benefits of cooperative purchasing are potential cost savings
obtained by lower commodity prices achieved through economies of scale
and lower joint administrative costs. In a cooperative purchasing
arrangement, all laws relating to competitive bidding or competitive
offering must be complied with and the cooperative agreement must
be in place prior to the solicitation of bids or offers.
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 shall document
the attempt made at obtaining the proposals. In no event shall the
inability to obtain the proposals or quotes be a bar to the procurement.
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.
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.
The Town requires that consideration in the solicitation of
bids or quotes for services, supplies or contracts be given to:
A. Small and/or locally owned businesses, with priority to businesses
owned by or which employ low- or moderate-income persons, as defined
by HUD; and
B. MBEs and/or WBEs, when appropriate. Solicitation may be undertaken via advertisements
in local publications or advertisements in minority publications or
direct outreach by letter or email to identified state-certified M/WBEs.
The Town's established purchase/contracting thresholds will apply.
In an effort to affirmatively increase procurement and contracting
opportunities for minority- and women-owned business enterprises,
the M/WBE must be certified by Empire State Development (ESD) through
the Division of Minority and Women Business Development (DMWBD).
C. For federally funded projects or activities subject to Section 3
of 24 CFR Part 135 of the Housing and Urban Development Act of 1968,
as amended, the Town will, to the extent feasible, facilitate participation
of Section 3 residents and Section 3 businesses in the procurement
of goods and services pursuant to its Section 3 Participation Plan.
Solicitation may be undertaken via advertisements in local publications
encouraging Section 3 participation, or direct outreach by letter
or email to identified Section 3 businesses or individuals included
on the Department of Housing and Urban Development's Section 3 Businesses
Registry. The Town's established purchase/contracting thresholds will
apply.
In accordance with Office of Management and Budget (OMB) guidance
in 2 CFR 180, Debarment and Suspension, the Town must verify vendors
for purchases of more than $25,000 worth of goods or services during
the year with the Excluded Parties List System (EPLS) government website,
verifying that the vendor has not been suspended or debarred and retaining
documentation as evidence of the Town's verification.
[Amended 6-21-2023 by L.L. No. 1-2023]
All federal awards or purchases shall comply fully with the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, codified in CFR Part 200 at 200.317 through 200.326
(the "Federal Regulations"), which are incorporated by reference into
this policy and made a part hereof. To obtain a current copy of the
Federal Regulations, contact the office of the Town Clerk. Where there
is inconsistency between this policy and the Federal Regulations,
the Federal Regulations shall control.
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.