[HISTORY: Adopted by the Town Board of the Town of Forestburgh
4-2-1992. Amendments noted where applicable.]
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 person 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.
All purchases of supplies or equipment which will exceed $10,000 in
the fiscal year or public works contracts over $20,000 shall be formally bid
pursuant to General Municipal Law § 103.
A.
All estimated purchases of:
(1)
Less than $10,000 but greater than $3,000 require a written
request for proposal (RFP) and written/fax quotes from three vendors.
(2)
Less than $3,000 but greater than $1,000 require an oral
request for the goods and oral/fax quotes from two vendors.
(3)
Less than $1,000 but greater then $250 are left to the
discretion of the purchaser.
B.
All estimated public works contracts of:
(1)
Less than $20,000 but greater than $10,000 require a
written RFP and written/fax proposals from three contractors.
(2)
Less than $10,000 but greater then $3,000 require a written
RFP and written/fax proposal from two contractors.
(3)
Less then $3,000 but greater then $500 are left to the
discretion of the purchaser.
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/fax/oral quotes have been requested and the written/fax/oral
quotes offered.
D.
All information gathered in complying with the procedures
of these guidelines shall be preserved and filed with the documentation supporting
the subsequent purchase or public works contract.
The person or entity offering the lowest responsible proposal or quote
shall be awarded the purchase or public works contract unless the purchaser
prepares written justification providing reasons why it is in the best interest
of the Town and its taxpayers to make an awarded 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 records supporting the procurement.
A good faith effort shall be made to obtain the required number of proposal
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 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.
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.
H.
Goods purchased for less than $250.
I.
Public works contract for less than $500.
J.
Circumstances where the Town purchases under state or
county bid.
This policy shall be reviewed annually by the Town Board at its organizational
meeting or as soon thereafter as is reasonably practicable.