[HISTORY: Adopted by the Town Board of the Town of Milo 5-21-2012 (Ch. 33 of the 1997 Code). Amendments noted where applicable.]
Editor's Note: This resolution also repealed former Ch. 33 of the 1997 Code, Procurement Policy, adopted 10-27-1997 by L.L. No. 2-1997.
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 items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and 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 purchase activity.
The monetary amounts set forth below refer to the monetary limitations whether for one purchase or for a total of several purchases of a particular item or service from the same supplier over the fiscal year.
All purchase contracts for supplies or equipment which will exceed $20,000 in the fiscal year, or public works contracts which will exceed $35,000 in the fiscal year, shall be formally bid pursuant to General Municipal Law § 103.
The following are not subject to bid:
Purchase contracts of $20,000 or less.
Public works contracts of $35,000 or less.
Articles manufactured in a New York State correctional facility (Correction Law §§ 184 and 186).
Purchases from agencies for the blind or severely handicapped (State Finance Law § 175-b).
Purchases under a county contract [General Municipal Law § 103(3)].
Purchases under a state contract (General Municipal Law § 104).
Emergency purchases [General Municipal Law § 103(4)].
Sole source purchases (General Municipal Law § 104-b).
Professional services (General Municipal Law § 104-b).
True leases (General Municipal Law § 104-b).
Insurance (General Municipal Law § 104-b).
Second-hand equipment from another government [General Municipal Law § 103(6)].
All estimated purchases of:
Less than $20,000 but greater than or equal to $10,000 shall require a written request for a proposal (RFP) and written quotes from at least three vendors.
Less than $10,000 but greater than or equal to $3,000 shall require a written request and written quote from at least two vendors.
Less than $3,000 shall be left to the discretion of the purchaser.
All estimated public works contracts of:
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 the procurement.
Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom quotes have been requested and shall attach thereto copies of all written quotes.
Documentation is required of each action taken in connection with each procurement.
All information gathered in complying with the procedures of this policy shall be preserved and filed by the respective purchaser with the documentation supporting the subsequent purchase or a public works contract.
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 no event shall the inability to obtain the proposals or quotes be a bar to the procurement.
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 lowest bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
Pursuant to General Municipal Law § 104-b, Subdivision 2g, the procurement policy may contain circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances, it may not be in the best interests of the Town of Milo to solicit quotations or document the basis for not accepting the lowest bid:
Professional services or services requiring special or technical skill, training or expertise.
The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications may not necessarily be found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category, the Town Board shall take into consideration the following guidelines:
Whether the services are subject to state licensing or testing requirements.
Whether substantial formal education or training is a necessary prerequisite to the performance of the services.
Whether the professional services involve a relationship of personal trust and confidence between the individual and municipal officers.
Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.
Emergency purchases pursuant to General Municipal Law § 103, Subdivision 4. Due to the nature of this exception, these goods or services must be purchased immediately, and, a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits.
Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the Town of Milo is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product.
Goods or services under $3,000, aggregate for year from same supplier. The time and documentation required to purchase through this policy may be more costly than the item itself and would, therefore, not be in the best interests of the taxpayer. In addition, it is not likely that such de minims contracts would be awarded based on favoritism. However, if aggregate is close to $3,000 or next goods/services would put aggregate over $3,000 for the year, then two verbal quotes to be documented by purchaser would be required with an award to lowest responsible dollar offer.
Sole source. Where the item to be purchased or the services to be hired can be obtained from only one vendor, competitive bidding is not possible. The facts that the item or service cannot be obtained from more than one source and the specifications cannot be modified to allow for other sources of supply shall be verified by suitable documentation.
The Town of Milo encourages businesses owned or managed by women or minorities to provide proposals and/or quotations.
This policy shall be reviewed annually by the Town Board at its organizational meeting, or as soon thereafter, as is reasonably practicable.
The unintentional failure to fully comply with the provisions of General Municipal Law § 104-b shall not be grounds to void action taken or give rise to a cause of action against the municipality any officer or employee thereof.