[HISTORY: Adopted by the Town Board of the
Town of Orchard Park 1-15-1992. Amendments noted where applicable.]
[Amended 3-18-1992; 6-18-2014 by L.L. No. 5-2014; 6-17-2015 by L.L. No. 3-2015]
A.
Guideline
1. Every prospective purchase of goods or services shall be evaluated
to determine the applicability of General Municipal Law § 103.
Every Town officer, board, department head or other personnel with
the requisite purchasing authority (hereinafter "purchaser") shall
estimate the cumulative amount of the items of supply or equipment
needed in a given fiscal year. The information gathered and conclusions
reached shall be documented and kept with the file or other documentation
supporting the purchase activity.
B.
Guideline
2. All purchases of supplies or equipment which will exceed $20,000
in the fiscal year or public works contracts over $35,000 shall be
formally bid pursuant to General Municipal Law § 103.
C.
Guideline
3.
(1)
All estimated purchases for supplies or equipment of less than $20,000
but greater than $10,000 require a written request for a proposal
("RFP") and written/fax quotes from at least three vendors; less than
$10,000 but greater than $5,000 require an oral request for the goods
and oral/fax quotes from at least two vendors; less than $5,000 are
left to the discretion of the purchaser.
(2)
All estimated public works contracts of less than $35,000 but greater
than $20,000 require a written request for proposal and fax/proposals
from at least three contractors; less than $20,000 but greater than
$5,000 require a written request for proposal and fax/proposals from
at least two contractors; less than $5,000 are left to the discretion
of the purchaser.
(3)
Any written RFP shall describe the desired goods, quantity and 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.
(4)
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.
D.
Guideline
4. The lowest responsible proposal or quote shall be awarded the purchase
or public works contract unless the purchaser prepares 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 judgement shall also
be documented and filed with the record supporting the procurement.
E.
Guideline
5. 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 shall document
the attempt made at obtaining the proposals. In the event shall the
inability to obtain the proposals or quotes be a bar to the procurement.
F.
Guideline
6. Except when directed by the Town Board, no solicitation of written
proposals for quotations shall be required under the following circumstances:
(1)
Acquisition of professional services.
(2)
Emergencies.
(3)
Sole-source situations.
(4)
Goods purchased from agencies for the blind or severely handicapped.
(5)
Goods purchased from correctional facilities.
(6)
Goods purchased from another governmental agency.
(7)
Goods purchased at auctions.
(8)
Computer software.
(9)
Purchases pursuant to state or county bid, or local or federal bid.
G.
Guideline
7.
(1)
Notwithstanding the above-referenced provisions of this procurement
policy, repairs for collision damage to any Town-owned vehicles shall
not be completed until at least three written estimates are secured.
Automobile collision damage shall be repaired by the party submitting
the lowest estimate.
(2)
Notwithstanding the above referenced provisions of this Procurement
Policy, repairs for collision damage to any Town-owned vehicle in
an amount exceeding $3,000 shall not be completed until at least three
written estimates are secured.
H.
Guideline
8. This policy shall be reviewed annually by the Board at its organizational
meeting or as soon thereafter as is reasonably practicable.
[Added 6-18-2014 by L.L. No. 4-2014]
The Town Board of Orchard Park seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, which amendment authorizes the Town to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either lowest responsible bidder or "best value" as defined in § 163 of the New York State Finance Law. The "best value" option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder if factors such as lower cost of maintenance, durability, higher quality and longer product life are germane.
[Added 6-18-2014 by L.L. No. 4-2014]
The Town Board of Orchard Park may award purchase contracts
and service contracts that have been procured pursuant to competitive
bidding under the General Municipal Law § 103 by either
lowest responsible bidder or best value.
[Added 6-18-2014 by L.L. No. 4-2014]
The provisions of this chapter apply to Town purchase contacts
or contracts for services involving an expenditure of more than $10,000,
but exclude purchase contracts necessary for the completion of a public
works contract pursuant to Article 8 of the State Labor Law and exclude
any other contract that may in the future be excluded under state
law from the best value option.
[Added 6-18-2014 by L.L. No. 4-2014]
Goods and services procured and awarded on the basis of best
value are those that the Town Board of Orchard Park determines will
be of the highest quality while being the most efficient. The determination
of quality and cost efficiency shall be based on objectively quantified
and clearly described and documented criteria which may include, but
shall not be limited to, any or all of the following: cost of maintenance;
proximity to the end user if distance or response time is a significant
term; durability; availability of replacement parts or maintenance
contractors; longer product life; product performance criteria; and
quality of craftsmanship.
[Added 6-18-2014 by L.L. No. 4-2014]
Whenever any contract is awarded on the basis of best value
instead of lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
[Added 6-18-2014 by L.L. No. 4-2014]
Any inconsistent provision of the Town's Procurement Policy,
as adopted prior to the effective date of this chapter by resolution
of the Town Board of Orchard Park, or as amended thereafter, shall
be deemed superseded by the provisions of this chapter.
