Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 3-25-1996; amended in its entirety 1-24-2005 by L.L. No. 1-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Comptroller — See Ch. 35, Art. V.

§ 46-1 Initial review; determination of need for competitive bidding.

Every purchase made will be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good-faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service or project is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.

§ 46-2 Items not subject to competitive bidding.

The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law and are addressed further in § 46-6B herein:
A. 
Purchase contracts under $20,000;
[Amended 4-9-2012 by L.L. No. 6-2012]
B. 
Public Works contracts under $35,000;
[Amended 4-9-2012 by L.L. No. 6-2012]
C. 
Emergency purchases and contracts pursuant to General Municipal Law § 103(4);
D. 
Goods purchased from agencies for the blind and severely handicapped;
E. 
Goods purchased from correctional institutions;
F. 
Purchases under state and county contracts;
G. 
Surplus and secondhand purchases from another governmental entity; and
H. 
Professional and technical services.

§ 46-3 Documentation on purchases not going out to bid.

The decision that a purchase is not subject to competitive bidding will be documented in writing by the department head making the purchase. This documentation should include, at a minimum, written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt or a memo from the purchaser detailing the circumstances which led to an emergency purchase.

§ 46-4 Use of purchasing methods to ensure lowest price and avoid favoritism.

All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped or from correctional institutions, or purchases pursuant to § 46-6B of this policy, 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.

§ 46-5 Methods of purchase for goods, services and public works contracts.

[Amended 4-9-2012 by L.L. No. 6-2012]
A. 
The following methods of purchase will be used in order to achieve the highest savings for purchase contracts under $20,000 and public works contracts under $35,000, except for goods purchased from agencies for the blind or severely handicapped, goods purchased from correctional institutions, purchases under state and county contracts, or except for purchases or services pursuant to § 46-6B of this policy:
Estimated Amount of Purchase Contract
Method
$0 to $1,000
Discretion of purchaser. Voucher or purchase order signed by department head only and approved by Supervisor (exclusive of Highway Department)
$0 to $2,500 (Highway Department only)
Discretion of purchaser. Voucher or purchase order signed by Highway Superintendent; no countersignature required of Supervisor
$1,000 to $2,500
Oral request for the goods and oral/fax quotes from two vendors; voucher or purchase order signed by department head and countersigned by Supervisor
$2,500 to $7,500
Oral request for the goods and oral/fax quotes from two vendors; voucher or purchase order signed by department head and countersigned by Supervisor; no countersignature of Supervisor is required for Highway Department purchases if voucher or purchase order is signed by Highway Superintendent
$7,500 to $20,000
A written request for proposals (RFP) and written/fax quotes from three vendors; purchase order signed by department head (including Highway Superintendent) and countersigned by Supervisor
$20,000 and over
Formal bid pursuant to General Municipal Law § 103
Estimated Amount of Public Works Contract
Method
$0 to $2,500
Discretion of purchaser. Purchase order signed by department head only and approved by Supervisor
$0 to $2,500 (Highway Department only)
Discretion of purchaser. Purchase order signed by Highway Superintendent or his Deputy
$2,500 to $15,000
Purchase order signed by department head, Highway Superintendent or Highway Superintendent's Deputy and approved by Supervisor; no approval of Supervisor is required if purchase order is signed by Highway Superintendent; approval of Supervisor is required if Deputy Highway Superintendent signs purchase order. Written RFP required with written/fax proposals from two contractors
$15,000 to $35,000
Written RFP and written/fax proposals from three contractors; purchase order signed by department head (including Superintendent of Highways if Highway Department purchase), and approved by Supervisor
$35,000 and over
Formal bid pursuant to General Municipal Law § 103
B. 
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.
C. 
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 will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to procurement.

§ 46-6 Award of contracts to other than lowest bidder.

A. 
The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written specification providing reasons why it is in the best interest of the Town of Wappinger and its taxpayers to make an award to other than the low proposer. If a proposer is not deemed responsible, facts supporting that judgment shall also be documented and filed with the records supporting the procurement.
[Amended 4-9-2012 by L.L. No. 6-2012]
B. 
Pursuant to General Municipal Law § 104-b(2)(f), the solicitation of alternative proposals or quotations will not be required in the best interest 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:
(1) 
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.
(a) 
In determining whether a service shall fit into this category, the individual making the purchase shall take into consideration the following guidelines:
[1] 
Whether the services arc subject to state licensing or testing requirements;
[2] 
Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and
[3] 
Whether the services require a personal relationship between the individual and municipal officials.
(b) 
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 or surveyor engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant/ auditors; investment management services; financial advisors; emergency medical/ambulance operators; labor negotiators; printing services involving extensive writing, editing or artwork; management of municipally owned property; planning consultants; and computer software or programming services for customized programs or services in substantial modification and customizing of prepackaged software.
(2) 
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.
(3) 
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 process are usually contained. It is also difficult to try to compare process of used goods, and a lower price may indicate an older product.
(4) 
Goods under $1,000 and public works contracts less than $2,500. 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 interest of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.
[Amended 4-9-2012 by L.L. No. 6-2012]

§ 46-7 Effect on purchases under bid limits.

[Amended 4-9-2012 by L.L. No. 6-2012]
No portion of this chapter shall be construed as preventing the competitive bidding of purchase contracts under $20,000 or public works projects under $35,000, if so desired.

§ 46-8 Review of policy.

This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.