All goods and services not subject to competitive
bidding will be secured by use of written requests for proposals,
written quotations, verbal quotations or any other method that assures
that goods will be purchased at the lowest price and that favoritism
will be avoided. Whenever possible, requests or quotations will be
solicited for local or minority vendors and contractors to whom special
consideration shall be extended in the awarding of contracts. Local
minority vendors and contractors desiring to be considered for such
work may submit notice of their intent and qualifications to the Town
Board and Highway Superintendent.
The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepared 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 proposer. Such justification may give special consideration to local or minority vendors or contractors pursuant to §
123-3. If a proposer is not deemed responsible, facts supporting that judgment shall also be documented and filed with the records supporting the procurement. In order to minimize and/or preclude these situations, it is expected that the purchaser would not solicit quotes from suppliers previously deemed unacceptable due to justifiable reasons.
Pursuant to General Municipal Law § 104-b(2)(f),
the solicitation of alternative proposals or quotations will not be
required in the best interests of the municipality in the following
circumstances where proper qualifications are not necessarily found
in the individual or company that offers the lowest price and the
nature of these services are such that they do not readily lend themselves
to competitive procurement procedures:
A. Professional services or services requiring special
or technical skill, training or expertise. The individual or company
must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity and moral worth.
(1) In determining whether a service shall fit into this
category, the Town Board shall take into consideration the following
guidelines:
(a)
Whether the services are subject to state licensing
or testing requirements;
(b)
Whether substantial formal education or training
is a necessary prerequisite to the performance of the services; and
(c)
Whether the services require a personal relationship
between the individual and municipal officials.
(2) Professional and technical services shall include
but not be limited to the following: services of an attorney; services
of a physician; technical services of an engineer or architect engaged
to prepare plans, maps and estimates; securing insurance coverage
and/or services of an insurance broker, services of a certified public
accountant; investment management services; printing services involving
extensive writing, editing or artwork; management of municipally owned
property; and computer software or programming services for customized
programs or services involved in substantial modification and customizing
of prepackaged software.
B. Emergency purchases pursuant to § 103(4)
of the General Municipal Law. Due to the nature of this exception,
these goods or services must be purchased immediately and a delay
in order to seek alternate proposals may threaten life, health, safety
or welfare of the residents. This section does not preclude alternate
proposals if time permits.
C. Purchases of surplus and secondhand goods from any
source. If alternate proposals are required, the Town is precluded
from purchasing surplus and secondhand goods at auctions or through
specific advertised sources where the best prices are usually contained.
It is also difficult to try to compare prices of used goods and a
lower price may indicate an older product.
D. Goods under $250 and public works contracts for less
than $500. The time and documentation required to purchase through
this policy may be more costly than the item itself and therefore
not be in the best interests of the taxpayer. In addition, it is not
likely that such de minimis contracts would be awarded based on favoritism.
E. Sole source. When it can be justified that this supplier
is the only source which can manufacture a product or provide a service
so that there is no possibility of competition (i.e., patent, directed
by law, possesses unique expertise).
F. Single source. Source identified as the result of
previous standardization of a specific purchase when there are no
other suppliers of that item for the Town service area.
G. Lease of equipment with operators so long as the project
is under the complete control and supervision of the Town. However,
in such event competitive proposals are to be solicited from vendors
who can provide a similar type service when the Town wishes to make
such leases or rentals in the future, and any lease or rental rates
shall be subject to the prior approval of the Town Board.
No portion of this resolution shall be construed
as preventing the competitive bidding of purchase contracts under
$10,000 or public works projects under $20,000, if so desired.
Where the cost of the item exceeds the sum of
$1,000, no officer or employee of the Town of Maine, other than the
Highway Superintendent of the Town of Maine, shall purchase on behalf
of the Town of Maine, or place any order for the purchase of any item
on behalf of the Town of Maine, unless and until a majority of the
members of the Maine Town Board shall have voted, in advance, to give
prior approval to such purchase or order.
This policy shall be reviewed annually by the
Town Board at its organizational meeting or as soon thereafter as
is reasonably practicable.
The resolution entitled "A Resolution Amending
a Resolution Entitled, 'A Resolution Adopting a Procurement Policy,'"
adopted by the Town Board of the Town of Maine on July 11, 2006, is
hereby repealed; provided, however, that the repeal of that resolution
shall not affect or impair any act done or right accruing, accrued
or acquired prior to the time such repeal takes effect, but the same
may be enjoyed, asserted and enforced as fully and to the same extent
as if such repeal had not been effected.