[HISTORY: Adopted by the Town Board of the Town of Lowville 1-21-1993 (Ch. 53 of
the 1994 Code). Amendments noted where applicable.]
[1]
Editor's Note: The names and titles of the individuals responsible
for purchasing are on file in the Clerk's office.
The purpose of this chapter is to set forth internal policies
and procedures governing procurements of goods and services which
are not required to be made pursuant to competitive bidding under
the appropriate provisions of the General Municipal Law.
Prior to the determination to purchase goods or services, and
prior to the determination to engage in a public works contract, an
evaluation shall be made to determine the applicability of General
Municipal Law § 103, and a determination shall be made whether
public bidding is required. The Supervisor, Clerk and Highway Superintendent
shall annually estimate the amount of items of supply or equipment
needed in a given year, basing such estimate on past history, anticipated
expenses and need of the item being acquired. A similar determination
shall be made with respect to any public works contract. The information
gathered and the conclusions reached shall be documented by the respective
Town officer and maintained in written form with other documentation
supporting the purchase activity or the public works proposed.
[Amended 9-15-2011 by Res. No. 20-2011]
Pursuant to General Municipal Law § 103, all contracts
for public works involving an expenditure of more than $35,000, and
all purchase contracts involving an expenditure of more than $20,000
shall be awarded by the Town Board to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids,
and such advertisement shall occur at least five days prior to the
date specified for opening and reading of bids. This public bidding
requirement is subject to such exceptions as are permitted by the
General Municipal Law and such other laws as may be specifically applicable
to the public works contract or purchase in question.
A.Â
Purchase contracts. Purchases of goods and services estimated to
cost less than $10,000 but more than $5,000 shall require a written
order, describing the goods or services to be purchased, the quantity
of the same and the particulars of delivery, and written quotes shall
be obtained from three vendors prior to the purchase. Purchases of
goods or services estimated to cost less than $5,000 need not require
any written or verbal quotes prior to purchase.
[Amended 1-20-1994 by Res. No. 2-1994]
B.Â
Public works contracts. Expenditures pursuant to public works contracts
estimated to cost less than $35,000 but more than $20,000 shall require
a written order, describing the public works to be performed and the
particulars of the same, and written quotes shall be obtained from
three contractors prior to the execution of the contract. Expenditures
pursuant to public works contracts estimated to cost less than $20,000
but more than $7,500 may be requested verbally, accompanied by a description
of the desired public works to be performed, and verbal quotes from
two contractors shall be obtained prior to execution of the contract.
A list of contractors from whom written or verbal quotes have been
obtained and the written or verbal quotes offered shall be maintained
in written form and filed with the documentation supporting the public
works contracts in question. No written or verbal quotes shall be
required for expenditure pursuant to public works contracts estimated
to cost less than $7,500.[1]
The lowest responsible written or verbal bidder shall be awarded
the public works contract or purchase contract, unless the Town Board,
in the case of a public bid, or the appropriate Town officer, in the
case of a written or verbal bid without advertisement, prepares a
written justification providing reasons why it is in the best interests
of the Town and its taxpayers to make an award to other than the lowest
bidder. If a bidder is not deemed responsible, facts supporting that
judgment shall 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. If the Town officer is unable to obtain
the required number of proposals or quotations, the officer shall
document the attempt made at obtaining the proposals in written form.
In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
Except when directed by the Town Board, no solicitation of written
proposals or quotations shall be required in the following circumstances:
A.Â
Emergency situations, provided that documentation of the same is
set forth.
B.Â
Goods purchased from correctional facilities, another governmental
agency or from agencies for the blind or severely handicapped.
C.Â
Acquisition of professional services.
D.Â
Acquisition of goods or entering into a public works contract where
there is only one source of such item or one contractor available
to perform the public works contract.
E.Â
Goods purchased at auction.
F.Â
Goods or services costing less than $3,000 and public works contracts
costing less than $7,500.
