[HISTORY: Adopted by the Town Board of the
Town of Gardiner 11-14-2000. Amendments noted where applicable.]
These policies and procedures have been developed
in compliance with New York State General Municipal Law § 104-b
and to help protect local government taxpayers by assuring that competition
is sought in a reasonable, cost-effective manner for small procurements
and other situations when competitive bidding is not required by law.
Appropriate use of competition provides taxpayers with the greatest
assurance that goods and services are procured in the most prudent
and economical manner, goods and services of desired quality are being
acquired at the lowest possible price and procurements are not influenced
by favoritism, improvidence, extravagance, fraud or corruption.
[Amended 11-8-2012 by L.L. No. 1-2012]
The procedures for determining whether a procurement of goods
or services is subject to competitive bidding and documenting the
basis for any determination that competitive bidding is not required
by law is as follows:
A.
Determine
whether the procurement is a purchase contract or a contract for public
works. Formal competitive bidding is required for all purchase contracts
above $20,000 and contracts for public works above $35,000.
(1)
In general, a purchase contract is one which involves the acquisition
of commodities (e.g., materials, supplies, or equipment). In general,
a public works contract involves the provision of services, labor
or construction. Where a contract involves both, it should be reviewed
on a case-by-case basis and a determination made as to the total character
of the contract. This analysis may turn on whether there is only an
incidental amount of services or commodities in proportion to the
entire contract.
(2)
If a determination is made that competitive bidding is not required,
the following guidelines must be followed.
The Town Board sets forth the following circumstances
when, or types of procurements for which, in the sole discretion of
the Town Board, the solicitation of alternative proposals or quotations
will not be in the best interest of the Town of Gardiner.
A.
Emergencies. There are statutory criteria to be met
to fall within this exception but, generally, there must be a present,
immediate and existing condition which is creating an imminent threat
or danger and which requires such immediate action. Emergency procurement
must be documented with a statement that an emergency situation makes
it necessary to forgo standard procedure. Documentation shall include
the following as soon as circumstances permit.
B.
Procurement from state, county, Department of Corrections.
The exception for state or county contracts purchases applies only
when purchases are made from the current state or county vendor, or
in certain cases, a listed agent or distributor, whose contract has
been extended to the Town of Gardiner.
C.
Professional services. Professional services involve
specialized expertise, use of professional judgment, a relationship
of personal trust and confidence, and/or a high degree of creativity.
D.
Sole source procurement. Such exemptions apply for
goods or services for which there is not substantial equivalent and
which are, in fact, available from only one source. Before making
such purchases, a determination should be made that no other item
provides substantially similar benefits and that the cost of the item
is reasonable given the benefit derived from the purchase.
E.
Insurance. Insurance coverage, by New York State law,
is not subject to formal competitive bidding. It is the policy of
the Town of Gardiner to, from time to time, seek requests for proposals
for insurance coverage; such procurement shall occur at a minimum
of once every five years.
Purchases and contracts procured in accordance
with this policy must be documented as follows:
A.
Verbal quotations.
(1)
Telephone log listing date, time, name of vendor,
telephone number called, item and price quoted.
C.
Requests for proposals.
(1)
Requests for proposals (RFP's) should be announced
through public notice and/or by directly contacting a minimum number
of professionals.
(2)
Where possible, a written solicitation should be prepared
in advance.
(3)
Selection of professional may be based on factors
other than quoted price as follows:
Anytime a purchase is made from other than the
lowest responsible vendor or contractor submitting a quotation or
proposal, there must be justification and documentation of the factual
reasons why the purchase is in the best interest of the Town of Gardiner
and otherwise furthers the purposes of § 104-b.
The Town Board shall annually review these policies
and procedures to ensure they stay current and appropriate in order
to meet any changing needs of the Town.
Department heads are directed to file with the
Budget Officer written comments regarding any difficulty with these
procedures.
A.
A good faith effort shall be made to obtain the required
number of quotes. If the purchaser is unable to obtain the required
number of quotes, the purchaser will document the attempt made to
obtain such quotes. In no event shall the failure to obtain the proposals
be a bar to the procurement.
B.
The unintentional failure to fully comply with the
provisions of General Municipal Law § 104-b shall not be
grounds to void action taken or given rise to cause of action against
the Town of Gardiner or any officers or employees thereof.
[Added 11-8-2012 by L.L.
No. 1-2012]
|
Entity
|
Individual Responsible for Purchasing
|
|---|---|
|
Town Board
|
Town Supervisor
|
|
Assessor
|
Town Supervisor
|
|
Dog Control
|
Town Supervisor
|
|
Bookkeeping
|
Town Supervisor
|
|
Town Clerk's Office
|
Town Clerk
|
|
Tax Collector's Office
|
Tax Collector
|
|
Highway Department
|
Highway Superintendent
|
|
Planning Board
|
Chairman
|
|
Zoning Board of Appeals
|
Chairman
|
|
Town Court
|
Town Justice
|
|
Building Department
|
Building Inspector
|
|
Code Enforcement
|
Code Enforcement Officer
|
|
Transfer Station
|
Transfer Station Manager
|
|
Env. Conserv. Commission
|
Chairman
|
|
Parks and Recreation
|
Chairman
|
|
Library
|
Library Director
|
|
Open Space Commission
|
Chairman
|
|
Town Entities not on this list
|
Town Supervisor
|
