[HISTORY: Adopted by the Town Board of the Town of Williamson 4-12-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also superseded former
Ch. 35, Procurement Policy, adopted 4-13-2010.
The Town of Williamson does hereby adopt the following procurement
policy which is intended to apply to all goods and services which
are not required by law to be publicly bid.
The Town Supervisor, Town Clerk, Highway Superintendent, Justices,
Chief Water Plant Operator, Chief Wastewater Treatment Plant Operator
and Outside Working Foreman will be responsible for purchases for
their departments which are not governed by competitive bidding regulations.
It will be left to their discretion in designating who can purchase
for their department.
All purchases will comply with all applicable laws of the State
of New York.
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 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:
A.
Purchase contracts under $20,000 and public works contracts under
$35,000;
B.
Emergency purchases;
C.
Certain municipal hospital purchases;
D.
Goods purchased from agencies for the blind or severely handicapped;
E.
Goods purchased from correctional institutions;
F.
Purchases under state and county contracts; and
G.
Surplus and second-hand purchases from another government entity.
In accordance with General Municipal Law § 103, competitive
bids will be sought for purchase contracts of $20,000 or more and
public works contracts of $35,000 or more.
A.
"Purchase contracts" applies to procurement of commodities.
B.
"Contracts for public works" encompasses contracts for services,
labor or construction.
C.
When a contract involves acquisition of both goods and services such
as a purchase that requires installation, the contract should be viewed
as a goods purchase for the purpose of determining the competitive
bidding monetary threshold if the services are minor, incidental,
or customarily provided by the vendor as a component of the purchase.
Conversely, if the services are extensive, substantial or involve
specialized skills so that the acquisition of the goods is incidental
to the work, the contract should be treated as a contract for public
works.
D.
Competitive bidding is required when it is known or reasonably anticipated
that the amount to be spent on purchases of an item will exceed the
dollar threshold over the course of a fiscal year.
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts under $20,000 and public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases pursuant to § 35-13 of this policy.
A.
All estimated purchase contracts:
|
Estimated Amount
|
Method
| |
|---|---|---|
|
$999 or less
|
Left to discretion of purchaser
| |
|
$1,000 to $2,999
|
2 verbal/fax quotations
| |
|
$3,000 to $19,999
|
3 written/fax quotations or documented requests for a proposal
|
B.
All estimated public works contracts of:
|
Estimated Amount
|
Method
| |
|---|---|---|
|
$2,999 or less
|
Left to the discretion of purchaser
| |
|
$3,000 to 9,999
|
2 written/fax quotations
| |
|
$10,000 to $34,999
|
3 written/fax quotations or documented requests for a proposal
|
The decision that a purchase is not subject to competitive bidding
will be documented in writing by the individual making the purchase.
This documentation may include written, fax 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, from correctional institutions or purchases pursuant to § 35-13 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.
A good-faith effort shall be made to obtain the required number
of alternate proposals. If the purchaser is unable to obtain the required
number of alternate proposals, the purchaser will document the attempt
made at obtaining the proposals. But, in no event shall the failure
to obtain the proposals be a bar to the procurement.
Documentation and an explanation are required whenever a contract
is awarded to other than the lowest possible offeror. This documentation
will include an explanation of how the award will achieve savings.
The purchaser will be responsible for determining if the offeror is
responsible.
In the following circumstances it is not in the best interests
of the Town of Williamson to solicit quotations or document the basis
for not accepting the lowest bid. In these circumstances, the individual
or company must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity, moral worth, and
the ability to have a close relationship with the governing body.
These qualifications are not necessarily found in the individual or
company that offers the lowest price and the nature of the services
are such that they do not readily lend themselves to competitive procurement
procedures. The citizens of the municipality deserve the benefit of
expertise in these types of services as it may ultimately save the
taxpayers money.
A.
Services of an attorney.
B.
Services of a physician.
C.
Technical services of an engineer engaged to prepare plans, maps,
and estimates.
D.
Securing insurance coverage and/or services of an insurance broker.
E.
Services of a certified public accountant.
F.
Investment management services.
G.
Printing services involving extensive writing, editing or art work.
H.
Management of municipally owned property.
I.
Computer software of programming services for customized programs,
or services involved in substantial modification and customizing or
repackaged software.
In addition, in the following situations it is not in the best
interest of the municipality to secure alternate proposals because
of the time required and the type of purchase.
Adequate documentation of all action taken in connection with
each method of procurement as outlined herein will be maintained.
Such documentation shall include but not be limited to any and all
Board resolutions, memoranda, written/fax quotes, verbal quotes, requests
for proposals, proposals, contracts and any other appropriate form
of documentation.
Any and all procurement procedures not specifically covered
in this policy will be adhered to as covered in General Municipal
Law, § 104-b.
[Added 3-26-2013 by L.L. No. 2-2013]
Notwithstanding any other provision of this chapter with respect
to purchase contracts (including contracts for purchase of service
work), and pursuant to the provisions of General Municipal Law § 103(1),
the Town of Williamson may award such purchase contracts to a responsive
and responsible bidder or offer on the basis of "best value."
