It is the policy of the town to award contracts for the purchase of
goods and services to the lowest bidder at the lowest quote.
However, exceptions may be made in the event that the lowest bid is not the
lowest responsible bidder, or if there is a compelling reason to award the
contract to another, such as there is a significant and measurable difference
of quality between the lowest bidder and the lowest acceptable bidder, or
there is a need for standardization of parts, et cetera. In each such occasion,
the person responsible for the procurement shall set forth in writing the
reason why the lowest bidder is not recommended or not awarded the contract,
and such procurement shall be subject to the approval of the Town Board. No
bid shall be solicited from any firm in which the officer or employee, or
any member of his or her family, has any direct financial interest.
Unless otherwise directed by the Town Board, solicitation of written
proposals or quotations is not 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 an auction.
H. Goods purchased under New York State contract.
I. Original equipment replacement parts/service.
This policy shall be reviewed annually by the Town Board at its organizational
meeting or as soon thereafter as reasonably practicable.
It shall be the practice for all officials and employees of the Town
of Niagara to procure goods and services by advertisement for sealed bids
as set forth in the bidding requirements of Town Law § 122 and the
General Municipal Law § 103.
Exceptions to this policy are allowable pursuant to the General Municipal
Law where contract for public works projects are less than $20,000 and contracts
for the purchase of goods are less than $10,000. In those cases, the exceptions
to General Municipal Law § 103 may be allowed pursuant to General
Municipal Law § 104 and the following:
A. In connection with the procurement of goods having a
value of more than $2,000 but equal to or less than $10,000, and for the procurement
of contracts for public works having a cost of more than $10,000 but equal
to or less than $20,000, there shall be obtained three written/fax quotations
which shall be maintained in a separate nonbid procurement file to be presented
to and approved by the Town Board.
B. For the procurement of goods having a value of more than
$1,000 but less than $2,000, or services having a cost of more than $1,000
but equal to or less than $10,000, three oral quotations shall be obtained,
and a written memorandum setting out the bidder, bid price, date the oral
quotation was made and any conditions or limitations on the offer shall be
prepared and maintained, to be presented to and approved by the Supervisor.
C. For goods having a value of less than $1,000, or services
having a cost of less than $1,000, alternate price quotations are not required,
provided that department head approval is obtained.
In all cases, the town shall create a written request form for oral
and/or written quotations for each nonbid item, and the same shall be maintained
in the nonbid procurement file in the department.
All information gathered in complying with the procedures of this guide
shall be preserved and filed with the proper documentation supporting the
subsequent purchase or service.
Appropriate town officials shall take such further action as may be
required.