Town of New Berlin, NY
Chenango County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Berlin 2-16-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Finances — See Ch. 25.
The Town of New Berlin does hereby adopt the following procurement policies and procedures.
A. 
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.
B. 
All purchases of supplies or equipment which will exceed $10,000 in the first year or public works contracts over $35,000 shall be formally bid pursuant to General Municipal Law § 103.
[Amended 3-11-2013 by L.L. No. 3-2013]
Non-bid procurements shall be as follows:
A. 
Purchase contracts. All estimated purchases of:
[Amended 8-21-1995 by L.L. No. 5-1995]
(1) 
Less than $10,000 but greater than $5,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.
[Amended 3-11-2013 by L.L. No. 3-2013]
(2) 
Five thousand dollars or less but greater than $1,000 require an oral request for the goods and oral/fax quotes from two vendors.
(3) 
One thousand dollars or less are left to the discretion of the purchaser.
B. 
Public works contracts. All estimated public works contracts of:
[Amended 8-21-1995 by L.L. No. 5-1995]
(1) 
Less than $20,000 but greater than $10,000 require a written RFP and fax/written proposals from three contractors.
(2) 
Ten thousand dollars or less but greater than $5,000 require a written RFP and fax/written proposals from two contractors.
(3) 
Five thousand dollars or less but greater than $1,000 require an oral request for the goods and oral/fax quotes from two vendors.
(4) 
One thousand dollars or less are left to the discretion of the purchaser.
C. 
Insurance. Insurance coverage will be put to bid at a minimum of every four years but no later than every five years.
D. 
Purchases made from the state or county require no bidding if purchased under state or county contract.
[Added 5-17-1993]
E. 
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.
F. 
All information gathered in complying with the procedures of this policy shall be preserved and filed with the documentation supporting the subsequent purchase or public works 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 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. 
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
(1) 
Acquisition of professional services.
(2) 
Emergencies.
(3) 
Sole source situations.
(4) 
Goods purchased from agencies for the blind or severely handicapped.
(5) 
Goods purchased from correctional facilities.
(6) 
Goods purchased from another governmental agency.
(7) 
Goods purchased at auction.
(8) 
Goods purchased for less than $250.
(9) 
Public works contracts for less than $500.
B. 
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.
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.
The unintentional failure to fully comply with the provisions of General Municipal Law § 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of New Berlin or any officer or employee thereof.