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RESOLUTION 2018-224
ADOPTED DOC ID: 13892
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-224 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2018:
RESOLVED that the Town Board of the Town of Southold hereby replaces the Procurement
Policy adopted by Resolution No. 39 of May 18, 2010, and amended by Resolution No. 808 of
October 5, 2010, with the following, to be effective March 1, 2018:
TOWN OF SOUTHOLD PROCUREMENT POLICY
Every prospective purchase of goods or services shall be evaluated to determine the
applicability of General Municipal Law, Section 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. That estimate shall include the canvass of other Town departments and past history to
determine the likely yearly value of the commodity to be acquired. Upon request, the
Comptroller can calculate the cumulative amount of a particular commodity needed by all Town
departments based on past history. If the cumulative amounts exceed competitive bidding
thresholds, then the purchase must be contracted through the bidding process. The information
gathered and conclusions reached shall be documented and kept with the file or other
documentation supporting the purchase activity. Purchasing activities are to be conducted in a
manner that is in accordance with law, in the best interests of the Town, avoids favoritism,
wastefulness, extravagance, fraud and corruption, and fosters honest competition to obtain the
greatest economic benefit for every tax dollar expended. No anticipated contract or purchase
shall be subdivided or structured with the intention of avoiding this Procurement Policy.
2. All purchases of (a) supplies or equipment which will exceed $20,000.00 in the fiscal
year or (b) public works contracts over $35,000.00 shall be formally bid pursuant to
General Municipal Law, Section 103.
3. All estimated purchases of:
· Less than $20,000.00 but greater or equal to $12,000.00 require a written request
for quote (“RFQ”) and written/fax quotes from 3 vendors.
· Less than $12,000.00 but greater or equal to $5,000.00 require a written RFQ for
the goods and written/fax quotes from 2 vendors.
· Less than $5,000.00 but greater or equal to $2,500.00 requires verbal quotes for
the goods from 2 vendors. These verbal quotes must be documented by the
department purchasing said goods.
· Less than $2,500.00 are left to the discretion of the Purchaser, but written/fax
quotes are preferred.
All estimated public works or service contracts of:
· Less than $35,000.00 but greater or equal to $20,000.00 requires written
Resolution 2018-224 Board Meeting of February 27, 2018
fax/proposals from 3 contractors.
· Less than $20,000.00 but greater or equal to $10,000.00 requires written
fax/proposals from 2 contractors.
· Less than $10,000.00 but greater or equal to $5,000.00 requires verbal quotes
from 2 contractors. These verbal quotes must be documented by the department
soliciting the quotes.
· Less than $5,000.00 are left to the discretion of the Purchaser but written/fax
quotes are preferred.
All prospective purchasers of professional services of:
· Greater than $35,000 requires a formal, competitive Request for Proposal
(“RFP”), which shall be evaluated based upon qualitative factors and quantitative
factors, as set forth in said RFP.
· Less than $35,000.00 but greater or equal to $25,000.00 requires a written RFQ
and statement of qualifications from 3 vendors.
· Less than $25,000.00 but greater or equal to $10,000.00 requires a written RFQ
and statement of qualifications from 2 vendors.
· Less than $10,000.00 are left to the discretion of the Purchaser, but written/fax
quotes and statement of qualifications is preferred.
Any written request for quotes/prices shall describe the desired goods, quantity and the
particulars of delivery. The Purchaser shall memorialize the name and address of all
vendors from whom written/fax quotes have been requested and the written/fax quotes
offered on a Proposal Quotation Form.
4. All Proposal Quotation Forms shall be date stamped and shall be kept confidential
until the purchase order is signed and returned to the department. Until that time
no employee shall discuss any price quote with the prospective vendor or contractor.
A copy of the Proposal Quotation Form and any written proposals shall be attached
to the purchase order before it is submitted to the Accounting Department. All
information gathered in complying with the procedures of this item shall be
preserved and filed with the documentation supporting the subsequent purchase or
public works contract.
5. The purchase, public works or service contract shall be awarded for the proposal or quote
submitted by the lowest responsible bidder. The responsibility of the bidder is to be
determined at the discretion of the Town Board or department head and is based not
solely on qualifications or experience but accountability and reliability. However, the
Purchaser may award such contract to a bidder, other than the lowest responsible bidder,
where such bidder maintains a principal place of business located within the Town of
Southold, or sells the contracted for supplies, material, or equipment manufactured and
located within the Town of Southold, and submits a bid not exceeding ten percent (10%)
more than the otherwise lowest responsible bidder.
The Purchaser may award the purchase or contract to a bidder, other than the lowest
responsible bidder, where such bidder maintains a principal place of business located
within the County of Suffolk or sells the contracted for supplies, material, or equipment
manufactured and located within the County of Suffolk, and submits a bid not exceeding
Updated: 2/27/2018 3:33 PM by Lynda Rudder Page 2
Resolution 2018-224 Board Meeting of February 27, 2018
five percent (5%) more than the lowest responsible bidder.
For the purpose of this Policy, the terms “located within the Town of Southold” and
“located within the County of Suffolk” shall mean having a principal place of business
physically located within the geographical boundaries of the Town or the County as
applicable. In the case of an individual, partnership, association, or proprietorship, it
shall mean having an office from which at least a majority of the employees are assigned
and at which at least a majority of the employees work. In the case of a corporation, it
shall mean having its principal place of business from which the president or chief
executive officer operates on a regular and consistent basis, and the address so designated
on its certificate of incorporation, located within the Town or the County, as applicable.
6. Prior to disbursement of any payment under an approved contract, the Town
Attorney’s Office must possess a copy of the fully executed contract as well as
documentation of required insurance and contract security/performance bond.
7. Change Orders to Awarded Contracts: If, during the term of a contract, it is
determined that additional work needs to be performed or goods are needed to be
purchased, which would increase the original contract amount, a formal change
order must be in place. This applies to all contracts subject to General Municipal
Law Section 103 (competitive bidding).
When a change order to a contract results in an aggregate increase of $2,500 over
the original contract award, then the following procedures apply:
(a) a Public Contract Change Order Approval Form must be completed and
signed by the Department Head and must be accompanied by a detailed
explanation of why the change is needed and also accompanied by a
change order proposal from the contractor (these documents must be
forwarded to the Comptroller’s Office); and
(b) the change order must be approved by the Comptroller’s Office and the
Town Attorney’s Office, and once approval has been granted, the
Department must prepare a Town Board resolution requesting authorization
for the change from the Board. Only after all of these procedures have been
completed and approvals granted, can the contractor go forward with the
additional work.
8. 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
proposal on the Proposal Quotation Form. In no event shall the inability to obtain
the proposals or quotes be a bar to the procurement.
9. Except when directed by the Town Board, no solicitation of written proposals or
quotations shall be required under the following circumstances:
(a) Public works contracts in cases of public emergencies arising out of an accident
or unforeseen condition or occurrence that threatens curtailment or termination of
Updated: 2/27/2018 3:33 PM by Lynda Rudder Page 3
Resolution 2018-224 Board Meeting of February 27, 2018
an essential service to the public, or a dangerous condition develops affecting the
life, health, safety or property of the Town or its inhabitants. The situation must
require immediate attention which cannot await competitive bidding.
(b) Sole source situations.
(c) Goods purchased from another governmental agency.
(d) Goods purchased under a State, County, Federal or other municipal contract.
The underlying contract must be let in a manner that constitutes competitive
bidding consistent with state law, and made available for use by other
governmental entities.
(e) Goods purchased at auction.
(f) Purchases from NYS Preferred Sources.
(g) Goods purchased for less than $2,500.00.
(h) Public Works contracts for less than $5,000.00.
10. A properly executed purchase order is required prior to payment for all purchases.
With the exception of the following items, neither goods nor services are to be ordered
without first obtaining a purchase order signed by the Department Head and the
Supervisor:
(1) Rental payments for Leases approved by formal Town Board resolution
(attach a copy of the adopted Town Board resolution to the voucher).
(2) Specific purchases approved by formal Town Board resolution (attach a copy
of the adopted Town Board resolution to the voucher) which might include
bid awards. However, a Purchase Order is required for specific purchases
made under “blanket” bid awards such as annual food needs, uniforms, and
laundry services.
(3) Construction contracts approved by formal Town Board resolution (attach a
copy of the adopted Town Board resolution to the voucher).
(4) Petty cash purchases.
(5) Travel expenses (mileage, tolls, meals, ferry or train expenses, etc.).
(6) Meeting and seminar registration fees (attach a copy of the adopted Town
Board resolution to the voucher).
(7) Legal notices.
(8) Utility payments.
11. This Policy shall be reviewed annually by the Town Board at its organizational meeting
or as soon thereafter as is reasonably practicable.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William P. Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 2/27/2018 3:33 PM by Lynda Rudder Page 4
RESOLUTION 2014-157
ADOPTED DOC ID: 9523
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-157 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 28,2014:
WHEREAS, Section 103 of the General Municipal Law as recently amended allows a
municipality to purchase devices, materials, equipment and supplies and to contract for services
related to the installation, maintenance or repair of such items through "piggybacking" on a
contract awarded by other governmental entities following a competitive bidding process to the
lowest responsible bidder or on the basis of best value, and
WHEREAS, the Town Board of the Town of Southold would like to provide for greater
flexibility in the purchasing process by permitting the award of Town contracts on the basis of
best value upon consideration of quality, cost and efficiency; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the awarding of
contracts based on best value in accordance with Section 103 of the General Municipal Law and
directs the Town Comptroller to amend the Procurement Policy accordingly.
2
Elizabeth A. Neville
Southold Town Cleric
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
SCOTT A.. RUSSELL Town Hall. 53095 Route 25
SUPERVISOR P O Sox 1179
e Southold, New York 11971-0959
Fax (631) 765-1823
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Telephone (631) 765-1889
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OFFICE F THE SUPERVISOR
TOWN OF SOUTHOLD
TOWN OF SOUTHOLD PROCUREMENT POLICY
1, Every prospective purchase of goods or services shall be evaluated to determine the
applicability of General Municipal Law, Section 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. That estimate shall include the canvass of other Town departments and past history to
determine the likely yearly value of the commodity to be acquired. Upon request, the
Comptroller can calculate the cumulative amount of a particular commodity needed by all Town
departments based on past history. If the cumulative amounts exceed competitive bidding
thresholds, then the purchase must be contracted through the bidding process. The information
gathered and conclusions reached shall be documented and kept with the file or other
documentation supporting the purchase activity. No anticipated contract shall be subdivided or
structured with the intention of avoiding this Procurement Policy.
2 All purchases of (a) supplies or equipment which will exceed $10,000.00 in the fiscal
year or (b) public works contracts over $35,000.00 shall be formally bid pursuant to General
Municipal Law, Section 103.
1 All estimated purchases of:
• Less than $10,000.00 but greater or equal to $3,000.00 require a written request for a
proposal ("RFP") and written/fax quotes from 3 vendors.
• Less than $3,000.00 but greater or equal to :$1,000.00 require an oral request for the
goods and written/fax quotes from 2 vendors.
a less than $1,000,00 are left to the discretion of the Purchaser, but written/fax quotes are
preferred.
All estimated public works or service contracts of:
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• Less than $35,000.00 but greater or equal to $10,000.00 require a written RFP and
fax/proposals from 3 contractors.
• Less than $10,000.00 but greater or equal to $3,000.00 require a written RFP and
fax/proposals from 2 contractors.
• Less than $3,000.00 but greater or equal to $1,000.00 are left to the discretion of the
Purchaser but written/fax quotes are preferred.
Any written RFP shall describe the desired goods, quantity and the particulars of
delivery. The Purchaser shall memorialize the name and address of all vendors from whom
written/fax quotes have been requested and the written/fax quotes offered on a Proposal
Quotation Form.
4. All Proposal Quotation Forms shall be date stamped and shall be kept confidential until
the purchase order is signed and returned to the department. Until that time no employee shall
discuss any price quote with the prospective vendor or contractor. A copy of the Proposal
Quotation Form and any written proposals shall be attached to the purchase order before it is
submitted to the Accounting Department. All information gathered in complying with the
procedures of this item shall be preserved and filed with the documentation supporting the
subsequent purchase or public works contract.
5. The purchase, public works or service contract shall be awarded for the proposal or quote
submitted by the lowest responsible bidder. The responsibility of the bidder is to be determined
at the discretion of the Town Board or department head and is based not solely on qualifications
or experience but accountability and reliability. However, the Purchaser may award such
contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a
principal place of business located within the Town of Southold, or sells the contracted for
supplies, material, or equipment manufactured and located within the Town of Southold, and
submits a bid not exceeding ten percent (10%) more than the otherwise lowest responsible
bidder.
The Purchaser may award the purchase or contract to a bidder, other than the lowest
responsible bidder, where such bidder maintains a principal place of business located within the
County of Suffolk or sells the contracted for supplies, material, or equipment manufactured and
located within the County of Suffolk, and submits a bid not exceeding five percent (5%) more
than the lowest responsible bidder.
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For the purpose of this Policy, the terms "located within the Town of Southold" and
"located within the County of Suffolk" shall mean having a principal place of business
physically located within the geographical boundaries of the Town or the County as applicable.
In the case of an individual, partnership, association, or proprietorship, it shall mean having an
office from which at least a majority of the employees are assigned and at which at least a
majority of the employees work. In the case of a corporation, it shall mean having its principal
place of business from which the president or chief executive officer operates on a regular and
consistent basis, and the address so designated on its certificate of incorporation, located within
the Town or the County, as applicable.
Recent amendments to General Municipal Law Section 103 also allow the Purchaser
to "piggyback" onto contracts let by the United States or any agency thereof, any state or
any other political subdivision or district therein for the purchase of apparatus, materials,
equipment and supplies and/or for the services related to the installation, maintenance or
repair of those items if the contract was expressly made available for use by other
governmental entities and it was let in a manner that constitutes competitive bidding
consistent with State law. Background information should be sought from the purchasing
governmental entities to verify compliance with these requirements.
In addition to awarding contracts to the lowest responsible bidder, the Purchaser
may award contracts based on "best value" upon consideration of quality, cost and
efficiency, rather than based solely on cost. Best value purchases are authorized pursuant
to Resolution 2014-157 of the Town Board, adopted on January 28, 2014.
6. Prior to disbursement of any payment under an approved contract, the Town Attorney's
Office must possess a copy of the fully executed contract as well as documentation of required
insurance and contract security/performance bond.
7. Change Orders to Awarded Contracts: If, during the term of a contract, it is determined
that additional work needs to be performed or goods are needed to be purchased, which would
increase the original contract amount, a formal change order must be in place. This applies to all
contracts subject to General Municipal Law Section 103 (competitive bidding). When a change
order to a contract results in an aggregate increase of $1,000 over the original contract award,
then the following procedures apply: (a) a Public Contract Change Order Approval Form must
be completed and signed by the Department Head and must be accompanied by a detailed
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explanation of why the change is needed and also accompanied by a change order proposal from
the contractor (these documents must be forwarded to the Comptroller's Office); and (b) the
change order must be approved by the Comptroller's Office and the Town Attorney's Office, and
once approval has been granted, the Department must prepare a Town Board resolution
requesting authorization for the change from the Board. Only after all of these procedures have
been completed and approvals granted, can the contractor go forward with the additional work.
8. 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 proposal on the Proposal
Quotation Form. In no event shall the inability to obtain the proposals or quotes be a bar to the
procurement.
9. Except when directed by the Town Board, no solicitation of written proposals or
quotations shall be required under the following circumstances:
(a) Public works contracts in cases of public emergencies arising out of an accident
or unforeseen condition or occurrence that threatens curtailment or termination of an essential
service to the public, or a dangerous condition develops affecting the life, health, safety or
property of the Town or its inhabitants. The situation must require immediate attention which
cannot await competitive bidding.
(b) Sole source situations.
(c) Goods purchased from another governmental agency.
(d) Goods purchased under a State or County contract.
(e) Goods purchased at auction.
(f) Goods purchased for less than $1,000.00.
(g) Public Works contracts for less than $1,000.00.
10. All prospective purchasers of professional services should obtain a written/fax estimate
and statement of qualifications from at least two sources except when otherwise directed by the
Town Board.
11. Neither goods nor services are to be ordered without first obtaining a purchase order
signed by the Department Head and the Supervisor, with the exception of the following items:
a. Rental payments for Leases approved by formal Town Board resolution (attach a
copy of the adopted Town Board resolution to the voucher).
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b. Specific purchases approved by formal Town Board resolution (attach a copy of
the adopted Town Board resolution to the voucher) which might include bid
awards. However, a Purchase Order is required for specific purchases made
under "blanket" bid awards such as annual food needs, uniforms, and laundry
services.
C. Construction contracts approved by formal Town Board resolution (attach a copy
of the adopted Town Board resolution to the voucher).
d. Petty cash purchases.
e. Travel expenses (mileage, tolls, meals, ferry or train expenses, etc.)
f. Meeting and seminar registration fees (attach a copy of the adopted Town Board
resolution to the voucher).
g. Legal notices.
Invoices are not to be submitted for payment without a properly executed and signed
voucher and a copy of the relevant Purchase Order or Town Board resolution.
12. This Policy shall be reviewed annually by the Town Board at its organizational meeting
or as soon thereafter as is reasonably practicable.
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