[HISTORY: Adopted by the Town Board of the Town of Shandaken 8-20-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 41, Procurement Policy, adopted 2-8-1995.
Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public moneys in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the governing Board is adopting internal policies and procedures governing all procurement of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law § 103, or of any other general, special or local law.
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows:
Except for procurement made pursuant to General Municipal Law § 103, Subdivision 3 (through county contracts), or § 104 (through state contracts), State Finance Law § 175-b (from agencies for the blind or other severely handicapped, special employment programs for the mentally ill or veterans' workshops), Correction Law § 186 (articles manufactured in correctional institutions) or the items excepted herein (See § 41-7.), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law § 104-b.
The methods of procurement to be used are as follows:
Documentation of actions taken in connection with each such method of procurement is required as follows:
For contracts involving supplies or equipment in excess of $3,000 but less than $20,000 and for contracts for public works in excess of $10,000 but less than $35,000, there shall be a written specification request and written quotes from three vendors.
For contracts for public works in excess of $3,000 but less than $10,000, there shall be an oral or written specification request and written quotes from two vendors.
For contracts for supplies and equipment and for contracts for public works in excess of $1,000 but less than $3,000, there shall be an oral specification request and oral or written quotes from two vendors.
For contracts for supplies and equipment and contracts for public works less than $1,000, the contract may be awarded at the discretion of the entity making the purchase.
All quotes are to be documented, in writing, by the department head or the designee making the request.
If the department head or designee has a failure in meeting guidelines set forth above, then the department head or designee is required to document, in writing, reasons for failure in process (i.e., low reply rate, etc.).
Whenever any contract is awarded to other than the lowest responsible dollar offerer, the reasons such an award furthers the purpose of General Municipal Law § 104-b as set forth hereinabove shall be documented as follows:
There must be documentation and justification of the reason why the purchase is in the best interest of the governmental unit.
The Board sets forth the following circumstances when or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Shandaken.
Comments concerning the policies and procedures shall be solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of policies and procedures, and will be solicited from time to time hereafter.
The governing Board shall annually review these policies and procedures. The Supervisor shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
The unintentional failure to fully comply with the provisions of General Municipal Law § 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Shandaken or any officer or employee thereof.