Town of Webb, NY
Herkimer County
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[HISTORY: Adopted by the Town Board of the Town of Webb at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 60.
This chapter shall be known as the "Town of Webb Procurement Policy."
Each purchase to be made by the Town of Webb, or any department thereof, must be initially reviewed to determine whether it is a purchase contract or a public works contract and a good faith effort made to determine whether or not the proposed purchase is subject to competitive bidding pursuant to § 103 of the General Municipal Law. In making that determination, the Town officers, board, department heads or other individuals with the requisite purchasing authority shall consider the reasonably expected aggregate amount of all purchases of the same commodities or services to be made within the fiscal year. A determination that a purchase is not subject to competitive bidding shall be documented in writing by the individual or board responsible for making the purchase. Such documentation may include written quotes, written notes relating to verbal quotes solicited, 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, a memo from the purchaser detailing the circumstances which led to an emergency purchase, or other appropriate written documentation.
All goods and services not subject to competitive bidding will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method which assures that quality goods will be purchased at the lowest responsible price and that favoritism will be avoided.
A. 
The following methods will be used when required by this policy:
(1) 
Purchase contracts:
Estimated Amount of Purchase Contract
Method
$250 to $2,999
Two verbal quotations or written/FAX quotations
$3,000 to $20,000
Three written/FAX quotations or responses to written requests for proposals
(2) 
Public works contracts:
Estimated Amount of Public Works Contract
Method
$500 to $6,999
Two verbal quotations or written/FAX quotations
$7,000 to $35,000
Three written/FAX quotations or responses to written requests for proposals
B. 
A good faith effort shall be made to obtain more than one quotation or proposal. If the purchaser is unable to obtain more than one proposal or quotation, the purchaser will document the attempt made at obtaining proposals or quotations. In no event shall the failure to obtain quotations or proposals be a bar to the procurement.
C. 
Any written request for proposals shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered.
D. 
A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to procurement.
E. 
All information gathered in complying with the procedures of this policy shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
A. 
Written documentation is required of each action taken in connection with each procurement.
B. 
Written documentation and a written explanation are required whenever a contract is awarded to other than the offeror with the lowest price. This documentation will include an explanation of how the purchase will achieve savings or how the offeror was not responsible. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. 
Acquisition of professional services;
B. 
Emergencies;
C. 
Sole source situations;
D. 
Goods purchased from agencies for the blind or severely handicapped;
E. 
Goods purchased from correctional facilities;
F. 
Goods purchased from another governmental agency;
G. 
Goods purchased at auction;
H. 
Goods purchased for less than $250;
I. 
Public works contracts for less than $500;
J. 
Goods purchased at or below published state or county bid prices;
K. 
Purchases of surplus and secondhand goods from any source. (If alternate proposals are required, the Town is precluded from purchasing surplus or secondhand goods where the best prices may be obtained.)
Pursuant to § 104 of the New York State General Municipal Law, effective January 1, 2009, the Town is including the names of municipal officers responsible for purchasing decisions as follows:
A. 
Town Supervisor.
B. 
Town Councilman.
C. 
Town Clerk.
D. 
Town Justice.
E. 
Town Highway Superintendent.
F. 
Town Receiver of Tax.
G. 
Town Assessor.
H. 
Town Code Enforcement Officer.
This policy shall go into effect immediately and will be reviewed annually at the organization meeting or as soon thereafter as is reasonably practiced.