Cuba Village does hereby adopt the following
procurement policy which is intended to apply to all goods and services
which are not required by law to be publicly bid.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, this 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 Village
of Cuba Village to solicit quotations or document the basis for not
accepting the lowest bid:
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 Cuba Village 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:
(b)
Services of a physician or technical services
of an engineer or architect engaged to prepare plans, maps and estimates.
(c)
Securing insurance coverage and/or services
of any insurance broker.
(d)
Services of a certified public accountant.
(e)
Investment management services.
(f)
Printing services involving extensive writing,
editing or artwork.
(g)
Management of municipality-owned property.
(h)
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. If alternate proposals are required, the Village of Cuba 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 $500. The time and documentation
required to purchase through this policy may be more costly that 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.
This policy shall go into effect January 1,
1992, and will be reviewed annually.