Town of Milton, NY Chapter 40 Procurement Policy

[HISTORY: Adopted by the Town Board of the Town of Milton 1-6-1992. Amendments noted where applicable.]

§ 40-1 Evaluation of prospective purchases.

Every prospective purchase 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. That estimate shall include the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity.

§ 40-2 Purchases requiring formal bid.

[Amended 5-5-2011 by L.L. No. 1-2011]

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 § 103 of the General Municipal Law.

§ 40-3 Purchases requiring written or oral quotes or proposals.

[Amended 5-5-2011 by L.L. No. 1-2011]

A. All estimated purchases of:

(1) Less than $20,000 but greater than $5,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.

(2) Five thousand dollars or less, but greater than $50, require an oral request for the goods and oral/fax quotes from two vendors.

B. All estimated public works contracts of:

(1) Less than $35,000 but greater than $10,000, require a written RFP and fax/proposals from three contractors.

(2) Ten thousand dollars or less, but greater than $3,000, require a written RFP and fax/proposals from two contractors.

(3) Three thousand dollars or less are left to the discretion of the purchaser.

C. Any written RFP shall describe the desired goods and quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered.

D. All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

§ 40-4 Lowest responsible proposal to be awarded contract.

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 lowest bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

§ 40-5 Obtaining required number of proposals.

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.

§ 40-6 Exceptions.

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.

B. Emergencies.

C. Sole source situations.

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.

§ 40-7 Responsibility of purchasing agent.

The central purchasing agent will be responsible for all quotes and documentations of purchases.

§ 40-8 Annual review of policy.

This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.