[HISTORY: Adopted by the Town Board of the
Town of Wappinger as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-25-1996; amended
in its entirety 1-24-2005 by L.L.
No. 1-2005]
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.
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.
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.
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.
[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.
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]
[Amended 4-9-2012 by L.L. No. 6-2012]
No portion of this article shall be construed
as preventing the competitive bidding of purchase contracts under
$20,000 or public works projects under $35,000, if so desired.
This policy shall be reviewed annually by the
Town Board at its organizational meeting or as soon thereafter as
is reasonably practicable.
[Adopted 3-8-2021 by L.L.
No. 1-2021]
The intent of this article is to authorize the Town Board to
award certain purchase contracts (including contracts for services)
subject to competitive bidding under General Municipal Law § 103
on the basis of low bid or best value as defined in § 163
of New York State Finance Law.
This article is enacted pursuant to General Municipal Law § 103.
The Town Board may award purchase contracts, including contracts
for services, on the basis of best value as that term is defined in
New York State Finance Law § 163. All awards based on best
value shall require Town Board approval.
New York General Municipal Law § 103, Subdivision
1, allows the Town to authorize, by local law, the award of certain
purchase contracts, including contracts for service work subject to
competitive bidding under General Municipal Law § 103 on
the basis of best value as defined in § 163 of the New York
State Finance Law, or any state law superseding or amending said provision.
The best value option may be used, for example, if it is more cost
efficient over time to award the good or service to other than the
lowest responsible bidder or offeror if factors such as lower cost
of maintenance, durability, higher quality and longer product life
can be determined.
The provisions of this article apply to Town purchase contracts,
including contracts for services involving an expenditure of more
than $20,000, but excluding purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option. If the dollar thresholds of
New York 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.
A.
Goods and services procured and awarded on the basis of best value
are those that the Town Board determines optimize quality, cost and
efficiency, among responsive and responsible bidder or offerors.
B.
The determination shall be based on an objective and quantifiable
analysis of clearly described and documented criteria as they apply
to the rating of bids or offers.
C.
The criteria may include, but shall not be limited to, any or all
of the following: cost of maintenance; proximity to the contractors;
durability; longer product life; product performance criteria; and
quality of craftmanship.
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.
Any inconsistent provisions of the Town's procurement policy,
as adopted prior to the effective date of this article by resolution
of the Town Board shall be deemed superseded by the provisions of
this article.
