Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 2-11-1992. Amendments noted where applicable.]

§ 35-1 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 at the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvas 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.

§ 35-2 Purchases to be formally bid.

[Amended 2-13-2012 by L.L. No. 1-2012]
All purchase contracts which will exceed $20,000 in the fiscal year or public works contracts over $35,000 shall be formally bid pursuant to General Municipal Law § 103, as amended.

§ 35-3 Estimated purchases requiring quotes or proposals.

A. 
Estimated purchases. All estimated purchases of:
(1) 
Less than $10,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.
(2) 
Less than $3,000 but greater than $1,000 require an oral request for the goods and oral/fax quotes from two vendors.
(3) 
Less than $1,000 but greater than $250 are left to the discretion of the purchaser.
B. 
Estimated public works contracts. All estimated public works contracts of:
(1) 
Less than $20,000 but greater than $10,000 require a written RFP and fax/proposals from three contractors.
(2) 
Less than $10,000 but greater than $3,000 require a written RFP and fax/proposals from two contractors.
(3) 
Less than $3,000 but greater than $500 are left to the discretion of the purchaser.
C. 
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.
D. 
All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

§ 35-4 Award of purchase or 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.

§ 35-5 Inability to obtain 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.

§ 35-6 Exceptions.

Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Acquisition of professional services.
B. 
Emergencies.
C. 
Sole source situations.
D. 
Goods purchased from agencies for the blind or severely handicapped.
E. 
Goods purchased from correctional facilities.
F. 
Goods purchased from another governmental agency.
G. 
Goods purchased at auction.
H. 
Goods purchased for less than $250.
I. 
Public works contracts for less than $500.

§ 35-7 Annual review.

[Amended 2-13-2012 by L.L. No. 1-2012]
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable and if it is determined that a change or changes need be made to monetary thresholds in §§ 35-2 and 35-3, the Town Board may adopt such changes by resolution.