[HISTORY: Adopted by the Town Board of the
Town of Stillwater 4-7-2005. Amendments noted where applicable.]
Every purchase to be made must be initially
reviewed to determine whether it is a purchase contract or public
works contract in which the Town Highway Superintendent will manage
the goods or services. The Town, assisted by the Office of Fiscal
Management, will be responsible to make said determination. Once a
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, goods or service is not
subject to competitive bidding, taking into account past purchases
and the adopted Town budget approved for the fiscal year in which
the purchase will be made.
The following items are not subject to competitive
bidding pursuant to the General Municipal Law:
A.
Purchase contracts under $10,000 and Public Works
or Highway Department contracts under $20,000;
B.
Emergency management and preparedness;
C.
Goods purchased from agencies for the blind or severely
handicapped;
D.
Goods purchased from state or county correctional
institutions;
E.
Purchases under state and county contracts and surplus
and secondhand purchases from another governmental entity.
The individual making the purchase will document
the decision that a purchase is not subject to competitive bidding
in writing. This documentation may include written or verbal quotes
from vendors; a memorandum from the purchaser indicating how the decision
was arrived at; a copy of the contract indicating the source which
makes the item or service provided exempt; a memorandum from the purchaser
detailing the circumstances which led to an emergency purchase, or
any other written documentation that may be deemed appropriate by
the Office of Fiscal Management.
All goods and services will be secured by use
of written requests for proposals, written quotations, verbal quotations
(followed by written confirmation of the verbal quote within three
business days) or any other method, as determined by the Office of
Fiscal Management, that assures the goods will be purchased at the
lowest price and that favoritism will be avoided except as follows:
A.
Purchase contracts over $10,000;
B.
Public works contracts over $20,000;
C.
Goods or services purchased pursuant to State Finance
Law § 162 (agencies for the blind or severely handicapped);
[Amended 2-19-2009 by L.L. No. 5-2009]
D.
Goods or services purchased pursuant to § 186
of the Correction Law (state or county correctional institutions);
E.
Goods or services purchased pursuant to § 104
of the General Municipal Law (purchases made under state contract);
F.
Goods or services purchased pursuant to § 103,
Subdivision 3, of the General Municipal Law (purchases made under
county contract);
A.
The following methods of purchase will be used when
required by this policy in order to achieve the highest amount of
taxpayer savings:
B.
A good faith effort shall be made to obtain the required
number of proposals or quotations. If the department head (purchaser)
is unable to obtain the required number of proposals or quotations,
the department head will document, in writing, the attempt made at
obtaining the proposals. In no event shall the failure to obtain the
proposals be a bar to the procurement.
Written documentation is required of each action
taken in connection with each procurement.
Written documentation and explanation by the
department head is required whenever a contract is awarded to other
than the lowest bidder. This documentation will include an explanation
of how the award will achieve savings or how the low bidder (or bid)
was not responsible. The determination that the low bidder (or bid)
is not responsible shall be documented by the department head and
may not be challenged under any circumstances.
A.
Pursuant to General Municipal Law § 104-b,
Subdivision 2, f, the procurement policy may contain circumstances
when or types of procurement for which, in the sole discretion of
the Town Board, the solicitation of alternative proposals or quotations
will not be in the best interests of the municipality. In the following
circumstances it may be in the best interest of the Town of Stillwater
to solicit quotations or document the basis for not accepting the
lowest bid:
(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; judgement integrity and moral worth.
These qualifications are not necessarily found in the individual or
company that offers the lowest price and nature of these services
are such that they do not readily lend themselves to competitive procurement
policies and procedures.
(a)
In determining whether a service fits into this
category, first the Office of Fiscal Management and then the members
of the Stillwater Town Board shall take into consideration the following
guidelines:
[1]
Whether the services are subject to state licensing
or testing requirements;
[2]
Whether substantial formal education or training
is a necessary prerequisite to the performance of the services;
[3]
Whether the services require a personal relationship
between the individual and municipal officials.
(b)
Professional or technical services shall include
but not be limited to the following:
[1]
Services of an attorney;
[2]
Services of a physician;
[3]
Technical services of an engineer engaged to
prepare maps and estimates;
[4]
Securing insurance coverage and/or services
of an insurance broker;
[5]
Services of a certified public accountant;
[6]
Investment management services;
[7]
Printing services involving extensive writing,
editing or art work;
[8]
Management of a municipally owned property;
[9]
Computer software or programming services for
customized programs or services involved in substantial modification
and customization of prepackaged software.
(2)
Emergency purchases pursuant to § 103, Subdivision
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 the life, health,
safety or welfare of 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, online or
through specific advertised sources where best prices are usually
obtained. It is also difficult to try to compare prices of used goods
and a lower may price may indicate an older and less efficient product.
(4)
Goods or services over $250 require a signed requisition
(purchase order) to be prepared by the head of the department wishing
to make said purchases. This requisition will also require verification
from the Town Budget Officer that the funds are available for this
purpose, including purchases required for special taxing districts
(water, sewer and lighting).
(5)
Goods or services under $250. The time and documentation
required to purchase through this policy may be more costly than the
item itself and would therefore not be in the best interest of the
taxpayer. In addition, it is not likely that such de minimus contracts
would be awarded based on favoritism.
B.
All payments made by the Town of Stillwater will be
made by the voucher system. Invoices for goods or services provided
will not, by themselves, form the basis for payment by the Town. All
vouchers must be prepared and signed by the department head. Invoices,
receipts or any other form that confirms cost or products received
are in fact in good working order will be attached to vouchers submitted
for review by the Budget Officer, Office of Fiscal Management and
Town Clerk. Invoices submitted without a voucher complete and properly
signed will be returned to the department head for compliance with
this procurement policy.
C.
Vouchers submitted on behalf of the Town Attorney
and Town Engineer will be first audited by the Town Supervisor or
Deputy Town Supervisor prior to submission to the Office of Fiscal
Management. Professional fees for the Town Attorney and Town Engineer
will be authorized for payment at the business meeting of the Town
Board only (once every 30 days).
Only those documents attached to this procurement
policy will be considered as authorized forms for the purpose of payment
by the Town of Stillwater.[1]
[1]
Editor's Note: The procurement procedures/price
quotes document is on file in the Town offices.
This policy shall go into effect on April 7,
2005. It will be reviewed annually and may not be changed without
a recommendation by the Office of Fiscal Management and a majority
vote of the Stillwater Town Board.
