[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.