[HISTORY: Adopted by the Board of Trustees
of the Village of Greenport 12-9-1993; amended in its entirety 4-25-2011 by L.L. No. 5-2011.
Subsequent amendments noted where applicable.]
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:
(1)
Purchase contracts that are for $20,000 or less and public works
contracts that are for $35,000 or less.
(2)
Emergency purchases.
(3)
Certain municipal hospital purchases.
(4)
Goods purchased from agencies for the blind or severely handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
Surplus and secondhand purchases from another governmental entity.
(8)
Purchase contracts that are from sole source providers, a sole source
provider being a provider or vendor that has been determined to be
the only source of the goods or services that are to be obtained or
provided.
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, documentation from manufacturers, contractors, suppliers or vendors,
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. If the purchase is approved or the contract is
awarded by a resolution of the Board of Trustees, the resolution shall
state the reason why the purchase was not subject to competitive bidding.
A.
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:
(1)
Purchase contracts over $20,000 and public works contracts over $35,000
(which are subject to competitive bidding).
(2)
Goods purchased from agencies for the blind or severely handicapped
pursuant to § 175-b of the State Finance Law.
(3)
Goods purchased from correctional institutions pursuant to § 186
of the Correction Law.
(4)
Purchases under state contracts pursuant to § 104 of the
General Municipal Law.
(5)
Purchases under county contracts pursuant to § 103, Subdivision
3, of the General Municipal Law.
(7)
Purchases from a sole-source provider.
B.
The following method of purchase will be used when required by this
chapter in order to achieve the highest savings:
(1)
Purchase contracts.
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
$2,500 to $9,999
|
2 written quotations
| |
|
$10,000 to $20,000
|
3 written quotations or written requests for quotations
|
(2)
Public works contracts.
|
Estimated Amount of Public Works Contract
|
Method
| |
|---|---|---|
|
$3,000 to $4,999
|
2 written quotations
| |
|
$5,000 to $19,999
|
2 written quotations
| |
|
$20,000 to $35,000
|
3 written quotations or written requests for quotations
|
C.
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.
A.
Documentation is required of each action taken in connection with
each procurement.
B.
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 purchaser and may not be challenged
under any circumstances.
A.
All proposals shall be made by the Clerk of the Village or the Clerk's
designee. All proposals shall require a response by a specified date
and time, and late proposals will neither be accepted nor considered.
The Village may reject any and all quotes. All quotes shall be submitted
to the Clerk in a sealed envelope. On the face of the envelope there
shall be written the person or entity submitting the quote and the
proposal to which the quote is in response. All quotes shall remain
in the sealed envelope until the time and date specified in the proposal,
and no quote thereafter shall be considered. Nothing herein requires
solicitation of quotes be in writing. The Village may reject all quotes.
B.
No officer or employee of the Village shall solicit or accept quotes
pursuant to these guidelines except the Village Clerk or the Clerk's
designee.
C.
The Village Clerk shall maintain a list of individuals and entities
from which proposals shall be solicited whenever proposals are solicited
pursuant to this chapter and the Village Procurement Guideline Solicitation
List.[1]
[1]
Editor's Note: This list is on file in the office of
the Village Clerk.
D.
The Village Procurement Guideline Solicitation List shall contain
the name, address, telephone number and area of expertise of any person
or entity which notifies the Village, in writing, to the attention
of the Village Clerk, that the person or entity desires to be included
upon the list. Such writing shall set forth the name, address, telephone
number and area of expertise with respect to which the person or entity
desires to receive proposals from the Village.
E.
Whenever proposals are sought by the Village pursuant to these procurement
guidelines and the work or goods to be procured fall within an area
of expertise identified on the Village Procurement Guideline Solicitation
List, then in that event, every person or entity on the list with
expertise in the area for which proposals are sought shall be invited
by the Village to submit a proposal. Nothing herein shall prohibit
the Village from soliciting proposals from persons or entities not
on the list.
Pursuant to General Municipal Law § 104-b, Subdivision
2f, 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 Greenport 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 except that the Village of Greenport
recognizes that while professional services are exempt from competitive
bidding requirements, that in order to insure that the Village receives
the best value when procuring these services, whenever practicable
will seek additional quotes for these services.
(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. In determining whether
a service fits into this category, the Village of Greenport 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.
(c)
Whether the services require a personal relationship between
the individual and municipal officials.
(2)
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 or architect engaged to prepare
plans, maps and estimates; securing insurance coverage and/or services
of an insurance broker; services of a certified public accountant;
investment management 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 and services must be purchased immediately. "Emergency" is defined
as an urgent and unexpected requirement where health and public safety
or the conservation of public resources is at risk. A failure to properly
and timely plan in advance for a procurement, which then results in
a situation in which normal procurement practices cannot be followed,
will not constitute an emergency. 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 Greenport is precluded from
purchasing surplus and secondhand goods at auctions or through specific
advertised sources where the best prices of used goods and a lower
price may indicate an older product.
D.
Goods or services under $2,500. The time and documentation required
to purchase through this chapter 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.
E.
Sole-source purchases and contracts. Where competition would otherwise
be required, but is not feasible due to the sole-source, single-source
or emergency nature of a commodity or service, the Village must be
able to justify and document the selection of the vendor and establish
the reasonableness of the price. In accordance with the State Finance
Law, exceptions to the general requirement for competitive selection
shall only be made under unusual circumstances. The Village must maintain
written justification supporting the sole-source, single-source or
emergency determination.
A.
Purchase orders must be obtained for all purchases over $100.
B.
Purchase orders must be obtained (dated) prior to the invoice date.
C.
In the event that, due to time constraints, a purchase order is not
obtained prior to purchase, a written justification for the absence
of said purchase order must be submitted with the voucher for payment.
D.
Expenditures for utility, phone, and professional services are exempt
from purchase orders.
A.
Requests for bids and proposals are required for all purchase contracts
in excess of $20,000 and public works contracts in excess of $35,000,
and are encouraged for all other contracts and purchases where practicable.
B.
All requests for bids and proposals shall be in standard Village
form, shall comply with the New York State General Municipal Law as
to minimum or substantive requirements, and shall contain the following
language: "The Village of Greenport is an equal opportunity employer
and does not discriminate on the basis of race, color, creed, ancestry,
disability or handicap, marital/financial status, military status,
religion, sex, sexual orientation, age or national origin with respect
to employment or any employment-related matter, and the Village of
Greenport requires that all contractors participating in contracts
for public work in the Village of Greenport and all subcontractors
of those contractors comply with that same requirement and evidence
that compliance to the Village of Greenport by providing an affidavit
to that effect. The Village of Greenport encourages bids for public
works and other contracts with the Village of Greenport and subcontractors
of the bidders for those contracts by minority- and women-owned contractors
and entities, and the Village of Greenport will solicit bids and contracts
from such entities with respect to the public work noticed herein."
