[HISTORY: Adopted by the Town Board of the Town of Tully 4-13-2011. Amendments
noted where applicable.]
Every prospective purchase of goods or services shall be evaluated
to determine the applicability of GML, § 103. Every Town
officer, board, department head or other personnel with the requisite
purchasing authority (hereinafter "purchaser") shall endeavor in good
faith to estimate the cumulative amount of the items of supply or
equipment needed in a given fiscal year. That estimate shall include
the canvass of other Town departments and past history to determine
the likely yearly value of the commodity to be acquired. The information
gathered and conclusions reached shall be documented and kept with
the file or other documentation supporting the purchase activity.
All purchases of a) supplies or equipment which will exceed
$20,000 in the fiscal year; or b) public works contracts over $35,000
shall be formally bid pursuant to GML, § 103.
A.
All estimated purchases of:
(1)
Less than $20,000 but greater than $3,000 require standardized contract
terms and specifications requiring responsive written hand-delivered,
mailed/faxed or e-mailed quotes from not less than three vendors.
(2)
Less than $3,000 but greater than $1,000 require an oral request
for the goods and an oral/faxed, e-mailed, mailed or hand-delivered
quote from not less than two vendors.
(3)
Less than $1,000 are left to discretion of the purchaser when included
in the respective budget and/or by approval of the Town Board.
B.
All estimated public works contracts of:
(1)
Less than $35,000 but greater than $10,000 require standardized contract
terms and specifications requiring responsive written hand-delivered,
mailed, faxed or e-mailed proposals from not less than three contractors.
(2)
Less than $10,000 but greater than $3,000 require written hand-delivered,
mailed, faxed or e-mailed proposals from not less than two contractors.
(3)
Less than $3,000 are left to discretion of the purchaser when included
in the respective Budget and/or by approval of the Town Board.
C.
The term "standardized contract terms and specifications" shall mean
and require that uniform specifications for the work to be performed
or the subject matter of the purchase shall be utilized, and that
such specifications shall include sufficient detail of the work/subject
matter of the purchase, as well as such other relevant and mandatory
municipal contract provisions as the Town shall develop and implement
by duly adopted resolution from time to time.
D.
All information gathered in complying with the procedures of this
guideline shall be preserved and filed with the documentation supporting
the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall be awarded the
purchase or public works contract unless the purchaser prepares a
written justification providing reasons why it is in the best interest
of the Town and its taxpayers to make an award to other than the low
bidder. If a bidder is not deemed responsible, facts supporting that
judgment shall also be documented and filed with the record supporting
the procurement.
A good faith effort shall be made to obtain the required number
of proposals or quotations. In the case of procurements requiring
standardized contract terms and specifications (as above provided),
such good faith effort shall require that the public works contracts/purchase
be solicited from the above-required number of contractors unless
there are not such number of potential contractors located or able
to deliver such goods or services from within an area or region outside
of which, due to the reasonably estimated cost of shipping or travel,
precludes a competitive pricing of such goods or services. In any
event, and, notwithstanding such good faith efforts, if for any reason
the purchaser is unable to obtain the required number of proposals
or quotations, the purchaser shall document the attempt made at obtaining
the proposals. In no event shall the inability to obtain the proposals
or quotes be a bar to the procurement.
Attach a voucher with a completed claimant's certification
signed and dated to the Town Board for audit and payment upon receipt
of goods or services.
Except when otherwise directed by the Town Board (and with specific
reference to GML § 103 and applicable law thereunder as
to the applicability of same to a particular case), no solicitation
of written proposals or quotations shall be required relative to contracts
to be entered into with, or otherwise under, the following circumstances:
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.
