Desired Changes to West Seneca's Procurement Policy

[dtwarren]

Another point, the town board may by resolution determine when during the month of January it shall hold its organization meeting since the Town Law does not prescribe any specific time. At the organization meeting the supervisor may make those appointments which are provided for by the board's rules of procedure and any other appointments provided for by the Town Law. Therefore to say nothin of importance will happen is disengenuous because it will be at this meeting that the appointments of town officers will take place. Also according to the town code it is at this, or as reasonable thereafter, that the town's procurement policy is to be reviewed.

[BigGuy]

Also according to the town code it is at this, or as reasonable thereafter, that the town's procurement policy is to be reviewed.

Isn't the Town's Procurement Policy dictated by the NYS General Municipal law? This applies to all municipalities and districts. Unless, the Town decides to go with a policy stricter than the state's standard, which requires competitive bidding for contracts over $10k in value.

Is that what you are advocating?

[dtwarren]

Currently under the West Seneca Town Code the procurement policy is set as follows:

§ 30-1. Guidelines. A. Every prospective procedure purchase of goods or services shall be evaluated to determine the applicability of § 103 of the General Municipal Law. Every town officer, board, department head or other personnel with the requisite purchasing authority (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 departments and past 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 the purchase activity.
B. All purchases of supplies or equipment which will exceed ten thousand dollars ($10,000.) in the fiscal year or public works contracts over twenty thousand dollars ($20,000.) shall be formally bid pursuant to § 103 of the General Municipal Law.
C. Quotes and proposals. (1) All estimated purchases of: (a) Less than ten thousand dollars ($10,000.) but greater than five thousand dollars ($5,000.) require a written request for a proposal (RFP) and written/fax quotes from three (3) vendors.
(b) Less than five thousand dollars ($5,000.) but greater than three thousand dollars ($3,000.) require an oral request for the goods and oral/fax quotes from two (2) vendors.
(c) Less than three thousand dollars ($3,000.) but greater than two hundred fifty dollars ($250.) are left to the discretion of the purchaser.

(2) All estimated public works contracts of: (a) Less than twenty thousand dollars ($20,000.) but greater than ten thousand dollars ($10,000.) require a written RFP and fax/proposals from three (3) contractors.
(b) Less than ten thousand dollars ($10,000.) but greater than five thousand dollars ($5,000.) require a written RFP and fax/proposals from two (2) contractors.
(c) Less than five thousand dollars ($5,000.) but greater than five hundred dollars ($500.) are left to the discretion of the purchaser.

(3) 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 written/fax/oral quotes have been requested and the written/fax/oral quotes offered.
(4) Any information gathered in complying with the procedures of this chapter shall be preserved and filed with documentation supporting the subsequent purchase of public works contract.

D. The lowest responsible proposal or quote shall be awarded the purchase of public works contracts, 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 low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the records supporting the procurement.
E. 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.
F. Except when directed by the Town Board, no solicitation of written proposals or 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 another governmental agency.
(6) Goods purchased at auction.
(7) Goods purchased for less than two hundred fifty dollars ($250.).
(8) Public works contracts for less than five hundred dollars ($500.).

G. This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonable or practical.

I would modify it to read:

§ 30-1. Adoption of policy.
The Town of West Seneca does hereby adopt the following procurement policies and procedures.

§ 30-2. Evaluation and estimation of purchases.
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 estimate shall include the canvass of other town departments and past 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 the purchase activity.
§ 30-3. Purchases and contracts subject to bidding.
All purchases of supplies or equipment which will exceed $10,000 in the fiscal year and public works contracts over $20,000 shall be formally bid pursuant to General Municipal Law § 103.

§ 30-4. Bidding requirements.
A. All estimated purchases of:
(1) Greater than $1 but less than $1,500 are left to the discretion of the purchaser.
(2) Greater than $1,500 but less than $4,500 require an oral and/or written and/or fax request for goods and oral/written/fax quotes from a minimum of two vendors.
(3) Greater than $4,500 but less than $10,000 requires a written request for proposal (RFP) and written/fax quotes from a minimum of three vendors.

B. All estimated public works contracts of:
(1) Greater that $1 but less than $1,500 are left to the discretion of the purchaser.
(2) Greater than $1,500 but less than $5,000 require a minimum of two oral/fax quotes.
(3) Greater than $5,000 but less than $10,000 require a written RFP and written/fax proposals from a minimum of two contractors.
(4) Greater than $10,000 but less than $20,000 require a written RFP and written/fax proposals from a minimum of three contractors.

C. Any written RFP (request for proposal) shall describe the desired goods, quantity and the 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.

D. All information gathered in complying with the procedures of this section shall be preserved and filed with the purchase order in the office of the Supervisor with the documentation supporting the subsequent purchase or public works contract.

§ 30-5. Award of purchase or contract to lowest bidder.
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 low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

§ 30-6. Required number of proposals or quotations.
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.

§ 30-7. Exceptions.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. Acquisition of professional services.
B. Emergencies.
C. Sole-source situations.
D. Goods purchased from another governmental agency.
§ 30-8. Annual review of policy.
This policy shall be reviewed annually by the Town Board.

The major difference between the current policy and my proposal are the threshold amounts set by current 30-1(c) and proposed 30-4

[erlyrizr1]

Warren, Big Guy asked what you were advocating. Instead, more of the same old same old from you. The hero has pasted again. I'm so impressed. See ya got the law down pretty well. What's the saying: book smart and street stupid. Guess this is where you fall

[dtwarren]

The question was answered. I posted the current policy, my proposed policy and pointed out where the material differences were. Just because you do not like how I answered the question does not mean that it was not answered.

[Niagara]

Warren, Big Guy asked what you were advocating. Instead, more of the same old same old from you. The hero has pasted again. I'm so impressed. See ya got the law down pretty well. What's the saying: book smart and street stupid. Guess this is where you fall

I really do not get what makes you erlyrizr1, the Jokster, the Scrooge of Ebenezer, and Psycho1 tick. There seems to be a mean spritedness to many of postings, for no particular reason, against people who are either not defending, or not attacking. Almost like school year bullies picking on the nerd or undefended to feel better about yourselves.

[Niagara]

What's the saying: book smart and street stupid.

I can't help but add, you demonstrate the opposite, street smart, and book stupid. Duh.
How's the detective agency coming? Any leads?

[The Jokester]

The question was answered. I posted the current policy, my proposed policy and pointed out where the material differences were. Just because you do not like how I answered the question does not mean that it was not answered.

Riser had to read and comprehend too much.

[erlyrizr1]

I can't help but add, you demonstrate the opposite, street smart, and book stupid. Duh.
How's the detective agency coming? Any leads?

Loved hangin out on corners but never did like reading much. Agency is fine, thanks for askin. As far as leads go, nothin but blue skies coming this way.

[Sylvan]

"First they ignore you, then they laugh at you, then they fight you, then you win."

[dtwarren]

I separated this from the Rights of Citizens Thread because it was off topic and deserves its own discussion thread.

[dtwarren]

I believe that this change is needed because I think that allowing discretionary purchases up to $3,000.00 is unreasonable and will not encourage the purchaser to obtain the lowest possible price.

[BigGuy]

I separated this from the Rights of Citizens Thread because it was off topic and deserves its own discussion thread.

"Separate" all you want, but I object to this being labeled as "my" thread. I did not start it, I only asked for a clarification on your previous post. Which, I don't agree "deserves its own discussion thread".

And, as anyone who has any experience will tell you, Mr. Warren, your proposed monetary threshold is too low, would cause a ton of excess governmental paperwork, and therefore additional cost and overhead. This is not the desire of anyone looking out for a more streamlined and cost efficient government.

[dtwarren]

"Separate" all you want, but I object to this being labeled as "my" thread. I did not start it, I only asked for a clarification on your previous post. Which, I don't agree "deserves its own discussion thread".

And, as anyone who has any experience will tell you, Mr. Warren, your proposed monetary threshold is too low, would cause a ton of excess governmental paperwork, and therefore additional cost and overhead. This is not the desire of anyone looking out for a more streamlined and cost efficient government.

I took care of your labeling objection.

I do not believe these thresholds are too low. In my review I found towns with lower thresholds and some with none at all.

[dtwarren]

Here is a sampling of my review of procurement policies:

City of Binghamton (Pop. 47,000):

§ 127-2. Basic guidelines for quoting.
Basic guidelines for quoting are as follows:
A. All purchases of commodities:
Amount of Purchase Payment Method/Quote Required
Up to $50 Petty cash
Over $50 to $1,000 Discretion of the purchasing agent
Over $1,000 to $5,000 Telephone quote: 3 vendor minimum if available, approval by purchasing agent
Over $5,000 to $9,999 Written/fax quote: 3 vendor minimum if available and approval of Board of Contract and Supply
$10,000 and over Formal bid


City of Canandaigua (Pop. 11,400)

161-3. Method of purchase.
A. The following method of purchase will be used when required by this policy in order to achieve the highest savings:
Estimated Amount of Purchase Contract Method
$250 to $2,999 2 verbal quotations
$3,000 to $9,999 3 written/fax quotations or written request for proposal



City of Cohoes (Pop. 15,000)

§ 67-7. Required number of proposals. Editor's Note: Former § 67-7, Receiving and authorization, was repealed 2-22-2000 by Ord. No. 2-2000, which local law also renumbered § 67-8 as § 67-6. [Amended 2-22-2000 by Ord. No. 2-2000]
A. The following method of purchase will be used when required by this policy in order to achieve the highest savings:
Estimated Amount of Purchase Contract Method
$0 to $500 Discretion of department heads
$500 to $2,999 Verbal quotations
$3,000 to $9,999 Written/fax quotations or written request for proposals


Town of Binghamton (Pop 4,800)

52-5. Method for securing goods and services.
A. There shall be three telephone or written quotes, where possible.
B. The methods of procurement to be used are as follows: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(1) Other than public works.
Estimated Amount of Contract Method
Items under $5 Petty cash
Items $5 to $50 No purchase order
Items over $50 to $500 Subject to purchase order, telephone quotes at discretion of department head
Items over $500 to $1,000 3 telephone quotes, approved by fiscal officer
Items over $1,000 to $9,999 3 written or fax quotes, approved by fiscal officer



Town of Irondequoit (Pop. 53,000)

§ 51-10. Documentation required for purchase orders and contract awards for non-bid procurements.
A. Verbal quotations. A telephone log or other record should provide, at a minimum, the date, the item or service desired, the price quoted and the name of the vendor's representative.
B. Written quotations. Vendors should provide, at a minimum, the date, a description of the item or details of the service to be provided, the price quoted, name of contract and signature. Quotes transmitted by fax are acceptable.
C. Procurements subject to § 104-b of the General Municipal Law are listed in the following chart with policies and procedures:

Dollar Limits
Purchase Contracts Below $10,000
Under $500 Verbal Quotes 1 Or More
$500 - $999 3 Or More
$1,000 - $9,999 Written Quotes 3 Or More