Marlborough City Zoning Code
CHAPTER 38
Purchasing
[Adopted 5-28-1992]
§ 38-1 Establishment of policies and procedures.
Pursuant to § 104-b of the General Municipal Law, procurement policies and procedures are as follows.
§ 38-2 Procedures for determining whether procurements are subject to bidding.
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law are as follows:
Determine whether the procurement is a purchase contract or a contract for public works.
Formal competitive bidding is required for all purchase contracts above $20,000 and contracts for public works above $35,000, in accordance with § 103 of this state's General Municipal Law, and this subdivision shall be deemed amended to include and to incorporate changes, from time to time, by this state's Legislature to these statutory bidding thresholds in § 103 without the need for amendment of this subdivision.
[Amended 6-13-2005 by L.L. No. 1-2005; 9-27-2010 by L.L. No. 8-2010]
The Town of Marlborough requires that certain public works contracts have an approved apprenticeship agreement pursuant to NYS Labor Law § 816-b. Apprenticeship agreements shall be required for contractors awarded bids over $250,000 and for subcontractors awarded contracts over $30,000.
Purchasing and procurement practices for the Town of Marlborough at the following thresholds are:
Purchase contracts:
Under one hundred dollars ($100.): verbal.
One hundred dollars ($100.) to five hundred dollars ($500.): verbal, three (3) quotes.
Five hundred dollars ($500.) to one thousand dollars ($1,000.): verbal, three (3) quotes.
One thousand dollars ($1,000.) to five thousand dollars ($5,000.): written, three (3) quotes.
Five thousand dollars ($5,000.) to nine thousand nine hundred ninety-nine dollars ($9,999.): written, three (3) quotes.
Emergencies: written, three (3) quotes, if circumstances permit.
Insurance: written, three (3) quotes.
Professional services: three (3) responses to request for proposals.
True leases: exempt.
Equipment from other governments: exempt.
Sole sources: exempt.
Procurement from Department of Corrections: exempt.
Contracts for public works:
Under one thousand dollars ($1,000.): verbal, three (3) quotes.
One thousand dollars ($1,000.) to five thousand dollars ($5,000.): verbal, three (3) quotes.
Five thousand dollars ($5,000.) to ten thousand dollars ($10,000.): written, three (3) quotes.
Ten thousand dollars ($10,000.) to nineteen thousand nine hundred ninety-nine dollars ($19,999.): written, three (3) quotes.
§ 38-3 Procurements below bidding thresholds.
The following policies apply to all procurements below the competitive bidding thresholds. Town officials authorized to make purchases shall maintain documentary evidence that regulations established herein are maintained.
One (1) verbal quote: telephone log listing the date, the time, the name of the vendor, the telephone number called, the item and the price quoted.
Three (3) verbal quotes: telephone log listing the date, the time, the name of the vendor, the telephone number called, the item and the price quoted.
§ 38-4 Emergencies.
A statement that an emergency procurement makes it necessary to forego documentation evidence contained herein shall include the following as soon as circumstances permit: the time of the emergency, nature of the emergency and threat imposed.
Emergencies not restricted by time factors or imposing a threat to life, health or property shall conform to §§ 38-2C(1)(f) and 38-3C of this Article.
§ 38-5 Procurement from county, state or Department of Corrections.
Procurement from the state, the county or the Department of Corrections requires a statement that a comparison was made from other than state or county sources and that costs are favorably comparable.
§ 38-6 Requests for proposals.
Acceptance may be based on factors other than quoted price as follows:
§ 38-7 Sole source procurement.
§ 38-8 Awards to other than lowest responsible offer.
When determining whether other than the lowest responsible bidder has made a better offer, the reasons such an award furthers the purposes of General Municipal Law § 104-b, as set forth herein above, shall be documented as follows:
Recorded facts that the vendor with the lowest dollar offer has a poor performance on making deliveries of goods and a documented complaint about goods of an inferior quality.
Documented evidence that a vendor offering a service contract has a poor performance record.
Complaints about goods or services shall be made, in writing, to the vendor and kept on file.
Complaint letters to vendors shall be copied for the Town Supervisor's files.
§ 38-9 Items excepted from policies and procedures by Town Board.
The Town Board sets forth the following circumstances when or types of procurements for which, in the sole discretion of the Town Board, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Marlborough:
§ 38-10 Annual review.
The Town Board shall annually review these policies and procedures. The budget officer shall be responsible for conducting an annual review of the procurement policy and for evaluation of the internal control.
The budget officer is hereby directed to prepare standardized forms for use by department heads to record oral records, as required in § 38-2, and necessary in the maintenance and evaluation of interior control.
Department heads are directed to file with the budget officer written comments regarding any difficulty with these procedures.
§ 38-11 Unintentional failure to comply.
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 Town of Marlborough or any officers or employees thereof.
§ 38-12 Purchase order required.
Effective immediately, all purchases made by the Town of Marlborough and its employees will be accompanied by a purchase order generated from the office of the Supervisor.
§ 38-13 Issuance by department heads.
The Supervisor is permitted to delegate specific department heads to issue purchase orders for their respective departments only, and said department heads will submit said purchase orders to the office of the Supervisor on a monthly basis.
§ 38-14 Notification of vendors.
The Supervisor shall notify all vendors of the Town of Marlborough of the purchase order policy and make said vendors aware of the fact that vouchers will not be processed without the proper purchase order attached.