HomeMy WebLinkAboutProcurement Policy TOWN OF ITHACA
PROCUREMENT POLICY
PURPOSE
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 bidding requirements of
GML §103 or any other law. Goods and services that are not required by law to be procured pursuant to
competitive bidding must be procured in a manner so as to assure the prudent and economical use of
public moneys in the best interest of the taxpayers; to facilitate the acquisition of goods and services of
maximum quality at the lowest possible cost under the circumstances; and to guard against favoritism,
improvidence, extravagance, fraud and corruption. To further these objectives, this Procurement Policy
governs all procurements of goods and services which are not required to be made pursuant to the
competitive bidding requirements of GML §103 or of any other general, special, or local law.
RESPONSIBILITY
It is the responsibility of the Department Head to oversee and ensure that proper procedures are followed
in the solicitation and purchase of goods and services. Each Department Head who supervises individuals
who are authorized in Guideline 1 below to order or purchase goods or services is ultimately responsible
for those purchases and must have departmental procedures in place to ensure said adherence.
POLICIES
Guideline 1: Every prospective purchase of goods or services shall be evaluated to determine the
applicability of GML §103. Every Town officer, department head, deputy highway superintendent,
water & sewer supervisor and parks supervisor (hereinafter Purchaser) shall have purchasing
authority and shall estimate the cumulative amount of the good or service needed within the twelve
month period commencing on the date of purchase to determine applicability. That estimate shall
include the canvass of other Town departments and past history to determine the likely value of the
good or service to be procured over the twelve-month period. The information gathered and
conclusions reached shall be documented and kept with the file or other documentation supporting the
purchase activity.
Guideline 2: Except as otherwise permitted by law, all purchases of goods or services that will
exceed $20,000 in a fiscal year shall be procured through competitive bidding or competitive offering
pursuant to GML §103. Except as otherwise permitted by law, all public works contracts with an
estimated value exceeding $35,000 shall be procured through competitive bidding pursuant to GML
§103.
Guideline 3: Except for purchases approved or authorized by the Town Board,purchases exceeding
$5,000 require the approval of the Town Supervisor.
Guideline 4: Except as provided in Guideline 7 below,the following shall apply.
• All purchases of goods and services with an estimated value of:
o At least$5,000 but not more than $20,000 require written quotes, or responses to a Town
Request for Proposals (UP), from not less than three(3)vendors.
o At least$1,000 but not more than $4,999 require telephone quotes from not less than two
(2)vendors.
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o Less than $1,000 are left to the discretion of the purchaser after consultation with their
Department Head.
• All public works contracts with an estimated value of:
o At least$5,000 but not more than $35,000 require written quotes, or responses to a Town
RFP, from not less than three (3)vendors.
o At least$1,000 but not more than $4,999 require telephone quotes from not less than two
(2)vendors.
o Less than $1,000 are left to the discretion of the purchaser after consultation with their
Department Head.
Any written quote or RFP response shall describe the desired goods, quantity and the particulars
of delivery. The purchaser shall compile a tabulation of all vendors from whom written/fax
quotes have been requested and subsequent responses, and all vendors who submitted responses
to Town RFPs.
Where telephone quotes are authorized and sought, the Purchaser shall maintain a record of all
requests and responses received.
All information gathered in complying with the procedures of this Guideline shall be preserved
and filed in the Department with the documentation supporting the subsequent purchase or public
works contract, according to MU1 Schedule.
Guideline 5: 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 responsible
dollar offeror. If an entity providing a proposal or quote is not deemed responsive and/or responsible,
facts supporting the judgment shall be documented and filed with the record supporting the
procurement.
Guideline 6: 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 and consult with their
Department Head for additional vendors or approval for procurement without the required number of
responses.
Guideline'7: Except when directed by the Town Board, solicitation of a minimum number of
proposals or quotations shall not be required under the following circumstances:
a. Acquisition of professional services;
b. Public emergencies - GML §103(4) defines a public emergency as arising out of an accident
or other unforeseen occurrence or condition whereby circumstances affecting public
buildings,public property or the life,health, safety or property of the inhabitants of a political
subdivision or district therein, require immediate action which cannot await competitive
bidding or competitive offering;
c. Sole source situations;
d. Job site purchases;
e. Goods or services purchased from agencies for the blind or severely disabled persons
pursuant to State Finance Law §162;
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f. Goods or services purchased from New York State correctional facilities pursuant to
Correction Law §184, Correction Law §186, and State Finance Law §162;
g. Goods or services purchased from programs serving mentally ill persons pursuant to State
Finance Law §162;
h. Goods or services purchased from veterans' workshops pursuant to State Finance Law §162;
i. Goods or services purchased from another governmental agency pursuant to GML §103(6)
[second-hand supplies,materials or equipment];
j. Goods or services purchased under State, County, or Federal contract pursuant to GML
§103(3) or GML §104;
k. Goods or services purchased under another governmental entity's contract pursuant to GML
§103(16);
1. Goods or services purchased under a cooperative purchasing contract pursuant to GML §119-
0.
Guideline 8: In some instances, a vendor may require a Purchase Order Number. Purchaser must
contact Accounting for the next numerical PO#.
Guideline 9: This policy shall be reviewed annually by the Town Board at its organizational meeting
or as soon thereafter as is reasonably practicable.
Pursuant to GML §104-b(3), comments have been solicited from officers of the Town involved in the
procurement process prior to the enactment of this Procurement Policy, and will be solicited from
time to time hereafter.
Pursuant to GML §104-b(5), the unintentional failure to comply fully with the provisions of GML §
104-b shall not be grounds to void action taken or give rise to a cause of action against the Town or
any officer or employee thereof.
PURCHASE ORDER PROCEDURE
A. REQUISITIONS
1. A requisition is to be completed, in duplicate, for all capital purchases. If several items are
purchased at one time from the same vendor,then only one requisition needs to be completed.
2. The requisition should be complete including:
* date and requisition number;
* the name and address of the vendor;
* details of purchase including cost or estimated cost, description and quantity;
* account number(s)to be charged;
* any special instructions such as shipping instructions, etc.;
* signature of requisitioner.
3. The completed original of the requisition is to be forwarded to the department head for
approval and then the department head forwards it to accounting. Accounting will verify if
funds are available. If funds are not available in the account specified then the department
head is notified by accounting. The department head, where applicable, would notify the
originator. The accounting department may, where appropriate, suggest other sources of
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funds but it is the responsibility of the department head to specify another appropriate
account, under his or her jurisdiction, to be charged or a transfer of funds can be requested,
subject to approval of the Town Board. The department retains the duplicate copy of the
requisition for its records.
B. PURCHASE ORDER
1. A purchase order is to be completed for all capital purchases, when required by a vendor for
his records,or when deemed to be in the best interest of the Town.
2. Using department will complete the purchase order with information obtained from the
requisition. Copies of the purchase order will be distributed as follows:
* Original Copy-to vendor.
* Second Copy-retained in accounting.
* Third Copy-retained in using department.
* Fourth Copy - receiving copy sent to department to be initialed and returned to
accounting(with packing slips attached)when items have been received.
3. All purchase orders will be approved and signed by the Purchasing Agent designated by the
Town Board.
C. OTHER PURCHASING PROCEDURES
1. Job Site Purchases: If it is necessary to make an immediate purchase of materials or
equipment for a construction project in progress, such purchase shall be exempt from routine
purchasing procedures in accordance with Guideline 7 above. The department is to contact
accounting with an estimated cost of the item(s), description of the item(s) and account
number(s)to be charged. Accounting will verify that funds are available for this purchase.
2. Emergency Purchases: Purchases that need to be made on weekends, holidays or nights are
exempt from routine purchasing procedures. Purchases made to address a public emergency
as described in Guideline 7 above are also exempt from routine purchasing procedures.
3. Other Expenditures not requiring Requisitions/Purchase Orders:
a. Professional Services rendered such as attorney fees and consultant fees;
b. Petty Cash expenditures;
c. Employee Expenses for Conferences&Training;
d. Utility Bills(Electricity,Natural Gas, Telephone, Cellphone, Water, Sewer);
e. Service Contracts for Town equipment;
f. Automotive Petroleum Products(Gasoline, Diesel Fuel,Lubricating Oils);
g. Parts and Services to repair Town vehicles and equipment;
h. Road Salt and other Road De-Icing Supplies;
i. Sand, Gravel, Stone and other aggregates;
j. Legal Notices;
k. Postage.
4. Petty Cash Expenditures: Purchases amounting to $50.00 and under should be made from
petty cash funds unless purchasing from a vendor that the Town maintains an account with.
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5. Best Value Procurement Standard: General Municipal Law §103(1) allows the Town to
authorize, by local law, the award of certain purchase contracts (including contracts for
services) subject to competitive bidding under General Municipal Law §103 on the basis of
"best value"as defined in §163 of the New York State Finance Law. The"best value" option
may be used, for example,if it is more cost efficient over time to award the good or service to
other than the lowest responsible bidder or offerer if factors such as lower cost of
maintenance, durability, higher quality and longer product life can be documented. All
awards based on best value shall require Town Board approval. The Town Board authorized
the use of"best value"awards in Local Law No. 3 of the Year 2013,adopted 03-11-2013.
Adopted August 11,2014 pg 5
GREEN PROCUREMENT POLICY
Addendum to the Town of Ithaca Procurement Policy and Green Fleet Policy
(revised January 2021)
FINDINGS
Green Procurement, also known as Environmentally Preferable Purchasing, is an effort to
purchase products and services that have a reduced negative impact or increased positive impact
on the environment and human health compared to traditional products. Green products or
services may be recycled, consume fewer natural resources, last longer or include or produce less
toxic substances or solid waste. Considerations for green procurement may also include the
environmental cost of raw materials, manufacturing, packaging, transporting, distribution,
storing, handling, using, maintaining and disposing of the product.
When comparing alternative products, lifetime maintenance costs, operational costs, and disposal
costs should be considered as well as initial costs of acquisition. Reducing the total cost of
ownership is a core objective of green procurement by reducing or eliminating the use and
generation of toxic substances,pollution or waste.
The Town makes significant purchases of goods and services and can use this buying power to
influence markets to create sustainable products and services and support green jobs. The Town
can also take a leadership role in reducing waste generated in conjunction with work practices by
purchasing cost-effective, recycled products for use in the delivery of Town services and by
reusing and recycling materials and products when feasible and cost-effective.
Environmentally Preferable Purchasing is an important component of the Town of Ithaca's
procurement policy and shall guide Town efforts to meet the following goals:
• Minimizing health risks to Town residents and staff.
• Minimizing the Town's contribution to global climate change.
• Improving air quality.
• Protecting the quality of ground and surface waters.
• Minimizing the Town's consumption of resources.
Further, Environmentally Preferable Purchasing guidelines are adopted by the Town in order to:
• Purchase products that include recycled content in order to support strong recycling
markets.
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• Institute practices that reduce waste by increasing product efficiency and effectiveness,
use products that are durable and long-lasting, and reduce materials that are land-filled.
• Purchase products and institute practices that conserve energy and water, use
agricultural fibers and residues, reduce greenhouse gas emissions, and use recycled
wood and wood from sustainably harvested forests.
• Purchase energy from renewable or green sources.
• Increase the use and availability of environmentally preferable products, services and
distribution systems.
• Support emerging and established manufacturers and vendors that reduce
environmental and human health impacts in their services and production and
distribution systems.
• Create a model for successfully purchasing environmentally preferable products and
services that encourages other buyers and consumers in our community to adopt similar
goals.
POLICIES
Subject to New York State law and purchasing requirements and supplementing the Town of
Ithaca Procurement Policy, all purchases by the Town of Ithaca of products and services shall be
subject to and comply with this Green Procurement Policy. To the extent possible, Town
departments and staff shall engage in environmentally preferable purchasing through NYS
Office of Government Services contracts for products and services (NYS General Municipal
Law §104). When competitive bidding is required by state law (NYS General Municipal Law
§103), bidding documents shall be drafted to encourage environmentally preferable purchasing
by incorporating bidding specifications which conform to this Green Procurement Policy. When
product or service purchases are exempt from state statutory competitive bidding requirements
(NYS General Municipal Law §104-b), this Green Procurement Policy shall apply.
A. SOURCE REDUCTION
1. The Town of Ithaca shall institute practices that reduce waste and result in the
purchase of fewer products whenever practicable and cost-effective, but without
reducing safety or workplace quality. Town departments shall purchase
remanufactured products whenever practicable, but without reducing safety, quality
or effectiveness. Products that are durable, long lasting, reusable, refillable,
recyclable, or otherwise create less waste shall be selected whenever practicable.
2. Vendors shall be required to minimize packaging to the greatest extent practicable.
Packaging that is reusable, recyclable or compostable shall be selected when suitable
Adopted August 11,2014 pg 7
uses and programs exist. The Town shall not purchase any polystyrene foam
packaging.
3. Vendors shall be required whenever possible to take back and reuse pallets and
packaging materials. Suppliers of electronic equipment shall be required to take back
equipment for reuse or environmentally safe recycling when the Town discards or
replaces such equipment, unless the Town deems it worthwhile to send the equipment
to a non-profit organization for reuse.
4. Documents shall be printed and copied on both sides whenever practicable to reduce
the use and purchase of paper.
B. RECYCLED CONTENT PRODUCTS
1. It is the policy of the Town to purchase and use recycled products to the extent that
such use does not negatively impact health, safety, or operational efficiency.
2. Town departments and staff shall examine their purchasing specifications and, where
feasible, restructure them to include the use of products which contain post-consumer
recycled content, are reusable, or designed to be easily recyclable.
3. Only recycled paper shall be purchased and used in copy machines and shall also be
used for printing purposes by Town departments and staff. Copiers and printers
purchased shall be compatible with the use of recycled content and remanufactured
products.
4. The Town will favorably consider the selection of other recycled content and
renewable materials, products and supplies over their non-recycled content and non-
renewable alternatives in cases where availability, fitness, health, operational
efficiency, quality, safety, and price of the recycled product is otherwise equal to, or
better than the non-recycled content and/or non-renewable alternative.
C. TOXICS REDUCTION AND POLLUTION PREVENTION
1. Town departments are encouraged to purchase energy-efficient products and to
consider "less toxic alternatives" when purchasing products such as cleaning
products, pesticides and herbicides. To the maximum extent practicable, all cleaning
or disinfecting products (i.e. for janitorial or automotive use) shall (i) be products
delineated on the NYS OGS Green Cleaning Product List or (ii) meet NYS OGS
guidelines and specifications for green cleaning products (collectively "Green
Cleaning Products").
2. When maintaining buildings and landscapes, the Town shall manage pest problems
through prevention and physical, mechanical and biological controls and use least
toxic chemical pesticide products only after safer approaches or products have been
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determined to be ineffective. The Town shall adopt and implement an organic pest
management policy and practices, or use chemical controls only as a last resort.
3. When maintaining buildings, the Town shall use products with the lowest amount of
volatile organic compounds (VOCs), highest recycled content, and low or no
formaldehyde when purchasing materials such as paint, carpeting, flooring,
adhesives, furniture and casework.
4. The Town shall purchase products and equipment with no lead, cadmium or mercury
whenever practicable. For products that must contain lead or mercury because no
suitable alternative exists, preference shall be given to those products with the lowest
quantities of these metals and to vendors with established lead, cadmium and mercury
recovery programs.
5. The purchase of pentachlorophenol, arsenic and creosote treated wood shall be
avoided whenever practicable
D. ENERGY AND WATER SAVINGS
1. New and replacement equipment for lighting, heating, ventilation, refrigeration and
air conditioning systems, water consuming fixtures and process equipment and all
such components shall meet or exceed Federal Energy Management Program (FEMP)
recommended levels, whenever practicable.
2. All products purchased by the Town and for which the U.S. EPA Energy Star
certification is available shall meet Energy Star certification. When Energy Star labels
are not available,products shall meet or exceed the FEMP recommended levels.
3. When energy is purchased, renewable or green sources are preferred. These include
solar power or photovoltaics, wind power, geothermal, and hydroelectric energy
sources and do not include fossil fuels (coal, oil or natural gas).
4. Demand water heaters shall be purchased whenever practicable.
5. Energy Star and power-saving features for copiers, computers, monitors, printers and
other office equipment shall be enabled during the initial installation and shall remain
enabled unless these features conflict with the manufacturer's recommended operation
and maintenance of the equipment.
E. LANDSCAPING
1. All landscape renovations, construction and maintenance by the Town, including
workers and contractors providing landscaping services for the Town, shall employ
sustainable landscape management techniques for design, construction and
maintenance whenever possible, including, but not limited to, integrated pest
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management, grasscycling, drip irrigation, composting, and procurement and use of
mulch and compost that give preference to those produced from regionally generated
plant debris and/or food waste programs.
2. Plants should be selected to minimize waste by choosing species for purchase that are
appropriate to the microclimate, species that can grow to their natural size in the
space allotted them, and perennials rather than annuals for color. Native and drought-
tolerant plants that require no or minimal watering once established are preferred.
3. Hardscapes and landscape structures constructed of recycled content materials are
encouraged. The Town shall limit the amount of impervious surfaces in the
landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or
pavers, are encouraged for walkways,patios and driveways.
IMPLEMENTATION
Nothing contained in this policy shall be construed as requiring any Town department or staff
either (i) to procure products that do not perform adequately for their intended use or are not
available at a reasonable price in a reasonable period of time, or (ii) to exclude adequate
competition for products or services.
Although not the lowest proposal or price quoted by suppliers, Town departments and staff may
nonetheless purchase a product that adheres to the Green Procurement Policy, if there is "prudent
and economical use of public moneys in the best interests" of Town taxpayers (GML 104-b (1)).
Such determination of"best interests" may include full consideration and comparison of product
life cycle costs (including product maintenance, operation and disposal costs), as described more
fully in Point 2 above. A further consideration may include direct and identifiable benefits to
Town taxpayers, other than product cost. For example, the cost of permeable pavers might
exceed the cost of asphalt paving, yet the use of permeable pavers could mitigate storm water
run-off and reduce the potential for flooding and infrastructure damage in low-lying areas.
Justification for a determination of "best interests" shall be fully documented by Town
departments and staff and submitted to the Town Finance Officer prior to the purchase of
products or services.
Implementation of this Green Procurement Policy may be phased based on available resources
and Town priorities.
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