§ 34-1. Preliminary review of purchase; competitive bidding requirements.
§ 34-2. Method of purchase.
§ 34-3. Documentation required.
§ 34-4. Documentation required for award to other than lowest responsible offeror.
§ 34-5. Special circumstances.
§ 34-6. When effective.
[HISTORY: Adopted by the Board of Trustees of the
§ 34-1. Preliminary review of purchase; competitive bidding requirements.
A. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law: purchase contracts under ten thousand dollars ($10,000.) and public works contracts under twenty thousand dollars ($20,000.); emergency purchases; certain municipal hospital purchases: goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and County contracts; and surplus and secondhand purchases from another governmental entity.
B. The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.
C. The purchase of all goods and services not subject to competitive bidding pursuant to § 103 of the General Municipal Law will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided.
§ 34-2. Method of purchase.
A. The following method of purchase will be used when required by this policy in order to achieve the highest savings[1]:
$500 to
$2,999
2 verbal quotations
$3,000 to
$19,999
3 written/fax quotations or
written responses to the Village's
request for proposal
Estimated
Amount of
Public Works
Contract
Method
$500 to
$2,999
2 verbal quotations
$3,000 to
$19,999
3 written/fax quotations or written
responses to the Village's request
for proposal
B. 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 will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
§ 34-3. Documentation required.
Documentation is required of each action
taken in connection with each procurement.
§ 34-4. Documentation required for award to other than lowest responsible offeror.
Documentation and an explanation is required
whenever a contract is awarded to other than the lowest responsible offeror.
This documentation will include an explanation of how the award will achieve
savings or how the lowest offeror was not responsible. A determination that the
offeror is not responsible shall be made by the purchaser and may not be
challenged under any circumstances.
§ 34-5. Special circumstances.
Pursuant to General Municipal Law §
104-b, Subdivision 2(f), the procurement policy may contain circumstances when,
or types of procurements for which, in the sole discretion of the governing
body, the solicitation of alternative proposals or quotations will not be in the
best interest of the municipality. In the following circumstances it may not be
in the best interests of the
A.
Professional
services or services requiring special or technical skill training or
expertise.
(1) The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price, and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.
(2) In determining whether a service fits into this category the Board of Trustees shall take into consideration the following guidelines:
(a) Whether the services are subject to State licensing or testing requirements;
(b) Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and
(c) Whether the services require a personal relationship between the individual and municipal officials.
(3) Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare or review plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.
B.
Emergency purchases pursuant
to § 103, Subdivision 4, of the General Municipal Law. Due to the nature of this
exception, these goods or services must be purchased immediately and a delay in
order to seek alternate proposals may threaten the life, health, safety or
welfare of the residents. This section does not preclude alternate proposals if
time permits.
C.
Purchases of
surplus and secondhand goods from any source other than a governmental entity.
If alternate proposals are required, the Village is precluded from purchasing
surplus and secondhand goods at auctions or through specific advertised sources
where the best prices are usually obtained. It is also difficult to try to
compare prices of used goods and a lower price may indicate an older product.
D.
Goods or
services under five hundred dollars ($500.00). The time and documentation
required to purchase through this policy may be more costly than the item and
would therefore not be in the best interests of the taxpayer. In addition, it is
not likely that such de minimis contracts would be awarded based on
favoritism.
§ 34-6. When effective.
This policy shall go into effect January 1, 1992, and will be reviewed annually.