[HISTORY: Adopted by the Town Board of the Town of Parma 4-7-1992. Amendments noted where applicable.]
This document sets forth the policies and procedures of the Town of Parma to meet the requirements of General Municipal Law § 104-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.
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.
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.
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.
The aggregate spending during the fiscal year must not exceed the limits set by New York State.
Every attempt should be made to purchase locally, provided that the costs are competitive and under the New York State established limits and rules.
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.
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.
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.