[HISTORY: Adopted by the Town Board of the Town of Busti 4-15-2013 by L.L. No. 1-2013. Amendments noted where applicable.]
Editor's Note: This local law was originally adopted as Ch. 10 but was renumbered to preserve the alphabetical sequence of the Code.
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.
All purchases of supplies or equipment 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.
All estimated purchases of:
Less than $20,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.
Less than $3,000 but greater than $1,000 require an oral request for the goods and oral/fax quotes from two vendors.
Less than $1,000 but greater than $250 are left to the discretion of the purchaser.
All estimated public works contracts of:
Less than $35,000 but greater than $10,000 require a written RFP and proposals from three contractors, which may be faxed or received by other electronic means.
Less than $10,000 but greater than $3,000 require a written RFP and proposals from two contractors, which may be faxed or received by other electronic means.
Less than $3,000 but greater than $500 are left to the discretion of the purchaser.
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.
All information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
The lowest responsible bidder shall be awarded the purchase or public works contract unless the purchaser either 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 or uses the "best value" option set out below. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
Best value purchasing. Pursuant to § 103(1) of New York's General Municipal Law, the Town may award certain purchase contracts and contracts for services using the "best value" standard, as follows:
Definition. For purposes of this section, "best value" means the basis for awarding contracts for purchases and services to the offerer that optimizes quality, cost, and efficiency, among responsive and responsible offerers.
Applicability. The "best value" option may be used for purchase contracts involving an expenditure of more than $20,000 and contracts for services involving an expenditure of more than $35,000 but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Town Board determines will be of the highest quality and most cost-efficient in the long term. The determination of quality and cost-efficiency shall be based on an objective and quantifiable analysis, which may take into account, the cost of maintenance, proximity to the end user, durability, availability of replacement parts or maintenance contractors, longer product life, quality of craftsmanship, and any other factors deemed relevant by the Town Board.
Documentation. Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
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.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
Emergencies declared by the Town Supervisor and highway-related emergencies declared by the Highway Superintendent.
Sole-source situations where the supplier provides documented verification of being the sole-source provider.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional facilities.
Goods purchased from another governmental agency and goods purchased through state or county bid contracts.
Goods purchased at auction.
Goods purchased for less than $250.
Public works contracts for less than $500.