[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 1-6-1992. Amendments noted where applicable.]
A.Â
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:
(1)Â
Purchase contracts under $10,000 and public works contracts
under $20,000.;
(2)Â
Emergency purchases;
(3)Â
Goods purchased from agencies for the blind or severely
handicapped;
(4)Â
Goods purchased from correctional institutions;
(5)Â
Purchases under state and county contracts; and
(6)Â
Surplus and secondhand purchases from another governmental
entity.
B.Â
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 individual detailing the circumstances which led to an emergency
purchase or any other written documentation that is appropriate.
All goods and services 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, except in the following circumstances:
A.Â
Purchase contracts over $10,000 and public works contracts
over $20,000;
C.Â
Goods purchased from correctional institutions pursuant
to § 186 of the Correction Law;
D.Â
Purchases under state contracts pursuant to § 104
of the General Municipal Law;
E.Â
Purchases under county contracts pursuant to Subdivision
3 of § 103 of the General Municipal Law; or
[Amended 1-8-2001]
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
|
---|---|
$1,000 to $2,999
|
2 verbal quotations
|
$3,000 to $10,000
|
3 written/fax quotations or written requests for proposals
|
Estimated Amount of Public Works Contract
|
Method
|
---|---|
$1,000 to $2,999
|
2 verbal quotations
|
$3,000 to $9,999
|
2 written/fax quotations
|
$10,000 to $20,000
|
3 written/fax quotations or written requests for proposals
|
A good faith effort shall be made to obtain the required number of proposals
or quotations. If the individual 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.
A.Â
Documentation is required of each action taken in connection
with each procurement.
B.Â
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
offeror was not responsible. A determination that the offeror is not responsible
shall be made by the individual and may not be challenged under any circumstances.
A.Â
Pursuant to General Municipal Law § 104-b(2)(f),
the procurement policy may contain circumstances when, or types of procurement
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 Village of Cedarhurst to solicit quotations or document the
basis for not accepting the lowest bid:
(1)Â
Professional services or services requiring special or
technical skill, training or expertise. 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. In determining whether
a service fits into this category, the Board of Trustees shall take into consideration
the following guidelines:
(a)Â
Whether the services are subject to state licensing or
testing requirements;
(b)Â
Whether substantial formal education or training is a
necessary prerequisite to the performance of the services; and
(c)Â
Whether the services require a personal relationship
between the individual and municipal officials. Professional or technical
services shall not be limited to the following: services of an attorney; services
of a physician; technical services of an engineer engaged to prepare plans,
maps and estimates; securing insurance coverage and/or services of an insurance
broker; services of a certified public account; 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.
(2)Â
Emergency purchases pursuant to Subdivision 4 of § 103
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.
(3)Â
Purchases of surplus and secondhand goods from any source.
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.
(4)Â
Goods or services under $250. The time and documentation
required to purchase through this policy may be more costly than the item
itself 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.
B.Â
Professional and/or confidential positions to be filled
by appointment of the Mayor.
[Added 3-2-1992]
(1)Â
The following positions shall be and hereby are deemed
professional and/or confidential positions to be filled by appointment of
the Mayor, on an annual basis, without any bidding or other competitive process;
and that such positions are hereby designated and/or deemed to be exceptions
under the procurement policy of the Village of Cedarhurst, to wit: Auditor-Accountant;
insurance broker and/or insurance consultant; computer consultant; Village
Engineer; Village Attorney; Deputy Village Attorney; Acting Village Justice,
Assessor and/or any Special Counsel retained for any particular or special
matters; Appraiser; Inspectors for various trades and/or issuance of licenses,
including but not limited to Electrical and Plumbing.
(2)Â
The foregoing professional and/or designations may be
amended, from time to time, to add to and/or delete any such positions as
may be deemed appropriate, upon the further resolution of the Board of Trustees.
This policy shall go into effect January 1, 1992, and will be reviewed
annually.