[HISTORY: Adopted by the Town Board of the Town of Batavia 2-12-1992; amended in its entirety 11-17-2021 by L.L. No. 6-2021. Amendments noted where applicable.]
Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law § 103.
[Amended 6-21-2023 by L.L. No. 1-2023]
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.
[Amended 6-21-2023 by L.L. No. 1-2023]
A. 
All estimated purchases of:
(1) 
Less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written quotes from three vendors.
(2) 
Less than $10,000 but greater than $2,500 require an oral request for the goods and oral/written quotes from two vendors.
(3) 
Less than $2,500 are left to discretion of the department head/designee.
B. 
All estimated public works contracts of:
(1) 
Less than $35,000 but greater than $15,000 require a written RFP and written proposals from three contractors.
(2) 
Less than $15,000 but greater than $5,000 require an oral RFP and written proposals from two contractors.
(3) 
Less than $5,000 are left to the discretion of the department head/designee.
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/oral quotes have been requested and the written/oral quotes offered.
D. 
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.
[Amended 6-21-2023 by L.L. No. 1-2023]
A. 
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.
B. 
Award based on "best value" pursuant to Labor Law Article 8, as defined in the State Finance Law § 163, for award of purchase contracts for the completion of a public works contract to a responsive and responsible bidder/offeror.
C. 
Where the basis for award is the best value offer, the Town shall document, in the procurement record and in advance of the initial receipt of offers, the determination of evaluation criteria, which, whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted.
D. 
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Town in the determination of best value.
E. 
The election to award any such contract on the basis of best value shall be made by the Town. If no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with the Town's requests.
F. 
The Town of Batavia may piggyback upon contracts that have been awarded by the United States or agency thereof, any state or any county, political subdivision or district therein. In order for this exception to apply, a contract must be let either to the lowest responsible bidder or on the basis of best value in a manner consistent with § 103 of the General Municipal Law. The contract must explicitly authorize piggybacking and must be let in accordance with competitive bidding laws.
G. 
The Town of Batavia is authorized to enter cooperative purchasing arrangements for the purchase of goods, services, supplies or equipment. The benefits of cooperative purchasing are potential cost savings obtained by lower commodity prices achieved through economies of scale and lower joint administrative costs. In a cooperative purchasing arrangement, all laws relating to competitive bidding or competitive offering must be complied with and the cooperative agreement must be in place prior to the solicitation of bids or offers.
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:
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.[1]
[1]
Editor's Note: Former Subsections H, Goods purchased for less than $250, and I, Public works contracts for less than $500, were repealed 6-21-2023 by L.L. No. 1-2023.
The Town requires that consideration in the solicitation of bids or quotes for services, supplies or contracts be given to:
A. 
Small and/or locally owned businesses, with priority to businesses owned by or which employ low- or moderate-income persons, as defined by HUD; and
B. 
MBEs and/or WBEs,[1] when appropriate. Solicitation may be undertaken via advertisements in local publications or advertisements in minority publications or direct outreach by letter or email to identified state-certified M/WBEs. The Town's established purchase/contracting thresholds will apply. In an effort to affirmatively increase procurement and contracting opportunities for minority- and women-owned business enterprises, the M/WBE must be certified by Empire State Development (ESD) through the Division of Minority and Women Business Development (DMWBD).
[1]
Editor's Note: "MBE" refers to minority-owned businesses; "WBE" refers to woman-owned businesses.
C. 
For federally funded projects or activities subject to Section 3 of 24 CFR Part 135 of the Housing and Urban Development Act of 1968, as amended, the Town will, to the extent feasible, facilitate participation of Section 3 residents and Section 3 businesses in the procurement of goods and services pursuant to its Section 3 Participation Plan. Solicitation may be undertaken via advertisements in local publications encouraging Section 3 participation, or direct outreach by letter or email to identified Section 3 businesses or individuals included on the Department of Housing and Urban Development's Section 3 Businesses Registry. The Town's established purchase/contracting thresholds will apply.
In accordance with Office of Management and Budget (OMB) guidance in 2 CFR 180, Debarment and Suspension, the Town must verify vendors for purchases of more than $25,000 worth of goods or services during the year with the Excluded Parties List System (EPLS) government website, verifying that the vendor has not been suspended or debarred and retaining documentation as evidence of the Town's verification.
[Amended 6-21-2023 by L.L. No. 1-2023]
All federal awards or purchases shall comply fully with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, codified in CFR Part 200 at 200.317 through 200.326 (the "Federal Regulations"), which are incorporated by reference into this policy and made a part hereof. To obtain a current copy of the Federal Regulations, contact the office of the Town Clerk. Where there is inconsistency between this policy and the Federal Regulations, the Federal Regulations shall control.
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.