[HISTORY: Adopted by the Town Board of the Town of Parma 4-7-1992. Amendments
noted where applicable.]
A.
This document sets forth the policies and procedures of the Town
of Parma to meet the requirements of General Municipal Law § 104-b.
B.
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 Parma Town Board
is adopting internal policies and procedures governing all procurements
of goods and services which are not required to be made pursuant to
the competitive bidding requirements of the General Municipal Law, § 103
or of any other general, special or local law.
A.
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.
B.
Procedure. Effective January 1, 1992, New York State minimum bid
requirements are $10,000 for standard purchase contracts and $20,000
for Public Works Contracts. These changes are outlined in § 103
of the General Municipal Law.[1]
C.
The Parma Superintendent of Highways is authorized to make Public
Works purchases and standard purchases. The Town of Parma Supervisor
is also authorized to make standard purchases. The Library Board is
authorized to make standard library purchases. The Superintendent
of Highways and the Town Supervisor must provide the documentation
of each purchase. All purchases over $1,000 must have documentation
reflecting written, verbal quotes, state and county bid contracts
or emergency purchases.
D.
The aggregate spending during the fiscal year must not exceed the
limits set by New York State.
E.
Every attempt should be made to purchase locally, provided that the
costs are competitive and under the New York State established limits
and rules.
F.
Documentation. Emergency purchases must be approved by the Parma
Town Board and documentation explaining the emergency and reasons
for purchasing the equipment or services without bid will be kept
in the official minutes of the Parma Town Board.
G.
A copy of the state and county bid contract must be kept on file
for two years to verify any purchases of those contracts. Purchases
from other governments must be kept in a specific file for the equipment
with a copy of the contract and kept at the Superintendent of Highways's
office.
H.
All purchases must assure that goods will be bought at the lowest
price and show no favoritism. Any deviation must be explained in the
documentation.
Except for procurements made pursuant to General Municipal Law
§ 103, Subdivision 3, (through county contracts) or § 104
(through state contract), State Finance Law § 162 (from
agencies for the blind or severely handicapped), Correction Law § 186
(articles manufactured in correctional institutions), or the items
excepted herein, 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 Parma Town Supervisor or the Parma Superintendent of Highways
is responsible for deciding which method of procurement will be used
based on factors under their control at the time such as timing, need,
standardization requirements, cost, moneys available, savings, etc.
All verbal or written quotes must be recorded at the time of
purchase in a manner decided by the Parma Town Supervisor or the Parma
Superintendent of Highways and kept on file in the Parma Town Clerk's
office or the Parma Superintendent of Highways's office.
Whenever any contract is awarded to other than the lowest responsible
dollar offerer, justification must be documented including cost savings.
The Parma Town Board will decide whether to solicit bids or
quotes for professional services based on their needs at the time
and whether it is in the best interest of the Town of Parma.
Comments concerning the policies and procedures shall be solicited
from the Parma Town Board involved in the procurement process prior
to the enactment of the policies and procedures, and will be solicited
from time to time hereafter.
The Parma Town Board shall annually review these policies and
procedures. The Parma Town Supervisor shall be responsible for conducting
an annual review of the procurement policy and for an evaluation of
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 Parma or any officer or employee thereof.
