Town of DeRuyter Procurement Policy
WHEREAS, Section 104-b of the General Municipal Law (GML) requires every town to adopt internal policies and
procedures governing all procurement of goods and services not subject to the formal bidding requirements of GML, S103 or
any other law; and
THEREFORE, BE IT RESOLVED that the Town of DeRuyter does hereby
adopt the following procurement policies and procedures:
purchase of goods or services shall be evaluated to determine the applicability of GML, S103. 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. That estimate shall include the canvass of other town departments
and past history to determine the likely annual 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 exceed
$20,000 in the fiscal year or b) public works contracts which exceed $35,000 shall be formally bid pursuant to GML, S103.
All purchases of:
Less than $20,000 but greater than $10,000 requires
a written request for proposal (RFP) and written/fax/email quotes from 3 vendors.
Less than $10,000 but greater than $6,000 requires an oral request for goods and
written/fax/email quotes from 3 vendors.
than $6,000 but greater than $1,000 requires an oral request for goods and oral quotes from 2 vendors in addition to approval
of the Town Board.
$1,000 is left to the discretion of the purchaser.
Estimated Public Works Contracts of:
Less than $35,000 but greater than $15,000 requires a written RFP and written/fax/email quotes from
Less than $15,000 but greater
than $3,000 requires a written RFP and written/fax/email quotes from 2 contractors.
Less than $3,000 is left to the discretion of the purchaser.
Any written RFP shall describe the desired goods, quantity, and particulars of delivery.
The purchaser shall compile a list of all vendors/contractors from whom written/fax/email/oral quotes have been requested
and the quotes offered. All information gathered in complying with the procedure of this guideline shall be filed with the
documentation supporting the subsequent purchase or public works contract. All public works contract must be in the manner
approved by the Town Attorney.
The lowest responsible proposal
or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing
adequate 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 or public works contract.
to GML, § 103, State Finance Law §163, and Town of DeRuyter Local Law #4 of 2013, the Town of DeRuyter may award
purchase contracts which would otherwise be subject to the "lowest bidder" rule on the basis of best value to a
responsive and responsible bidder or offerer. Factors that may be used to enact the "best value" option, where
cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder, are:
(a) lowest cost of maintenance for good(s) or service(s);
of good(s) or service(s);
(c) higher quality of good(s) or service(s); or
(d) longer product life of good(s) or service(s)
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 or quotations. In no event shall the inability of to obtain the proposals or quotations
be a bar to the procurement.
Except when directed by the Town Board, no solicitation
of written proposals or quotations shall be required under the following circumstances:
Acquisition of professional services
or services requiring special or technical skill, training, or expertise with the following exceptions:
At such time that the town applies and is approved
for a Community Development Block Grant authorized by the State of New York Small Cities Program, the town must obtain a minimum
of two quotes from qualified sources that desire to provide Grant Administrative services.
The requirement may necessitate sending RFPs to several sources so as
to obtain at least two quotes.
Town Board retains the authority to choose the quote that they decide is the most appropriate and best suited for the project.
The Town Board is not bound by the lowest quote although it may serve as a factor when making the final determination.
Emergencies purchases pursuant to GML S103, where goods
or services must be purchased immediately and a delay in order to seek alternate proposals may threaten public buildings,
public property, or the life, health, safety, or welfare of the residents.
Purchases of surplus and secondhand goods from any source.
Sole source situations
purchased from agencies for the blind or severely handicapped.
purchased from other governmental agencies including correctional facilities.
Goods purchased at auction.
Pursuant to §103 (16) of the New York State General Municipal Law,
the Town Board authorizes the purchase of apparatus, materials, equipment and supplies,
and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts
let by the United States or any agency thereof, any state or any other political subdivision or district therein. The contract
must be made available for use by other governmental entities.