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.
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.
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.
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.
H. Goods purchased for less than $250.
I. Public works contracts for less than $500.
This policy shall be reviewed annually by the Town Board at its organizational
meeting or as soon thereafter as is reasonably practicable.
Mandated procurement sources shall be investigated which products offered
are requested by using departments. These sources include Department of Correction,
Industries for the Blind of New York State and the New York State Industries
for the Disabled.
All agreements for insurance coverage shall be investigated by the purchasing
director. if competition is available in the market, RFP's shall be requested,
evaluated and the award made. If no competition is available, a contract shall
be negotiated between the Town and the respective carrier with final determination
made by the Town Board.
In the event that an appropriation balance is insufficient, the purchasing
director will return the purchase request to the originating department. It
will be accompanied by a statement containing the following information:
A. Amounts available for transfer, i.e., contingent account,
other unneeded appropriation balances or unappropriated cash surplus.
B. Any unestimated revenues, i.e., state, federal, insurance
recoveries or gifts not previously appropriated.
Thus far we have discussed the procedures to be followed when a purchase
request is needed. We reflected on the need for cooperation and control. Control
involves not only compliance with required purchasing procedures, but also
affects the paperwork necessary. Overpapering can ruin the effectiveness of
the system almost as quickly as noncompliance. There are certain expenditures
for which the processing of a purchase request is unnecessary. The following
should be made without purchase requests:
A. Contracts for professional/personal services. Any encumbering
should be on the basis of contracts.
B. Employee expenses, such as conference expenses, mileage
and meal allowances. All out-of-Town travel and classes or courses must be
preapproved by the Town Board as per the Personnel Policy.
C. Reimbursement of petty cash funds.
E. Service contracts for a fixed monthly or annual amount
(may be encumbered on the basis of the contract).
F. Interdepartmental charges, for instance Water Department
billings to recreation; Fire Department billing for fire alarm system; intergovernmental
charges, etc.,
I. Claims for food for jurors.
To be determined by the Town Board at reorganization each year.
Shall be determined by the Town Board at reorganization each year.