Town of Sweden, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Sweden 3-13-2001; amended in its entirety 8-22-2006 by L.L. No. 3-2006. Subsequent amendments noted where applicable.]

§ 40-1 Evaluation of purchase.

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.

§ 40-2 Intent.

The intent of the following policy is so that the Town Board shall have involvement in expenditures from the Town budget. It is not the intent of the Board to micromanage department budgets, but in the end the Town Board is held accountable by the taxpayers for spending its tax money wisely.

§ 40-3 Formal bids.

Purchases which will exceed the threshold amount set forth in General Municipal Law § 103 shall be formally bid pursuant to this chapter and shall be executed after obtaining appropriate Town Board approval.

§ 40-4 Duty of department heads.

It is expected that the department heads will consult with the Director of Finance throughout the year regarding the balance of their budget.

§ 40-5 Quality and quantity of materials.

The material, equipment, supplies and/or services to be purchased shall be of the quality and in the quantity required to serve the function in a satisfactory manner, as determined by the department head and the purchasing agent.

§ 40-6 General procedure. [1]

A. 
Requisitions under $2,000 and signed by the Superintendent of Highways shall be pre-approved and converted to purchase orders.
B. 
Requisitions for expenses to complete a pre-approved project are automatically approved up to $5,000.
C. 
Requisitions above $2,000 but less than $5,000 must be signed by the Supervisor or his designee from the Town Board
D. 
Requisitions over $5,000 are subject to the following rules:
(1) 
At least two written proposals or quotes are required.
(2) 
Proposals/quotes are subject to full Town Board approval.
E. 
Requisitions over $10,000 are subject to New York State bid laws.
[1]
Editor's Note: See also the chart included at the end of this chapter.

§ 40-7 Award to lowest bidder; exception.

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.

§ 40-8 Required number of proposals.

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.

§ 40-9 Exemptions.

Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Emergencies.
B. 
Sole source situations.
C. 
Goods purchased from agencies for the blind or severely handicapped.
D. 
Goods purchased from correctional facilities.
E. 
Goods purchased at auction, which shall be done at or below an established limit agreed upon with the Town Board.

§ 40-10 Federal Surplus Program.

The above provisions notwithstanding, there shall be no purchase, procurement and/or acquisition of property from the Federal Surplus Program, regardless of value or dollar amount, without prior approval of the Town Board.
Review of Purchasing
Standard Purchasing:
Dollars
Department Head
Supervisor or Designee
Town Board
Quotes Required
$0 to $2,000
Yes
More than $2,000 to $5,000
Yes
Yes
2 verbal
More than $5,000 to $10,000
Yes
Yes
Yes
2 written
More than $10,000
Subject to bid
Pre-approved Projects:
Dollars
Department Head
Supervisor or Designee
Town Board
Quotes Required
$0 to $2,000
Yes
More than $2,000 to $5,000
Yes
2 verbal
More than $5,000 to $10,000
Yes
Yes
Yes
2 written
More than $10,000
Subject to bid