Village of Matinecock, NY Chapter 134 Procurement Policy

[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock 12-14-1991; amended in its entirety 7-19-2011. Subsequent amendments noted where applicable.]

§ 134-1 Determination as to whether purchase is subject to competitive bidding.

The Mayor, Village Treasurer, Village Clerk or such individual so designated by resolution of the Board of Trustees ("reviewing party") shall determine whether the purchase of any goods or services on behalf of the Incorporated Village of Matinecock is subject to competitive bidding procedures, pursuant to § 103 or 104 of the General Municipal Law or any general, special or local legislation ("determination"). The determination shall be based upon the review of written or oral proposals received by the Village as set forth below or upon the prior experience of the Village of similar purchases or contracts. The reviewing party shall have the right to rely on the truth and accuracy of a proposal in making the determination. The Village shall retain sufficient documentation to evidence the basis for the determination.

§ 134-2 Review procedure; general standards.

In making the determination, the following procedures shall be followed and general standards applied:

A. The reviewing party shall ascertain whether the purchase is for goods or a public works/service contract.

(1) If the total value of the purchase, less miscellaneous administrative expenses, is more than 50% allocated for the purchase of a supply item or equipment, though it may also include a value for services to be rendered, it shall be considered a contract for the purchase of goods.

(2) If the total value of the purchase, less miscellaneous administrative expenses, is more than 50% allocated for a public works or service contract, though it may also include a value for a supply item or equipment, it shall be considered a contract for a public works/service contract.

B. The reviewing party shall then ascertain the value of the purchase and whether it is subject to competitive bidding under the General Municipal Law.

(1) If the expenditure for goods in either a single purchase or the aggregate cost of total purchases of identical products reasonably anticipated to occur in a single fiscal year is less than $20,000, the purchase shall not be subject to General Municipal Law competitive bidding requirements.

(2) If the expenditure for a single public works/service contract or the total expenditure for identical public works/service contracts reasonably anticipated to occur in a single fiscal year is less than $35,000, the contract shall not be subject to General Municipal Law competitive bidding requirements.

(3) For purchases that are exempt from competitive bidding under state law, the reviewing party shall not consider the purchase designation or its value.

§ 134-3 Method of procurement; documentation.

A. For purchases which are neither exempt from nor subject to competitive bidding, the following procurement procedure shall be followed before the purchase is authorized:

(1) For single purchases of goods which are reasonably expected to exceed $5,000 or a single public works/service contract which is reasonably expected to exceed $15,000, written proposals from at least three vendors shall be solicited.

(2) For all other purchases, except as set forth in Subsection B below, at least three oral proposals shall be solicited.

(3) Documentation of the vendors' solicited written or oral proposals, together with their response, if any, shall be retained. If a vendor is solicited and fails or refuses to respond, the reviewing party need not solicit additional vendors, provided that at least two proposals are received.

B. For the below purchases or circumstances, written or verbal proposals are not required to be solicited from more than one vendor:

(1) There is only a single source from which the product or service is readily available.

(2) There are no other goods or services available in the marketplace that do or will provide substantially equivalent or similar service or products.

(3) There is no reasonable possibility of local competition for the purchase.

(4) The renewal of professional service contracts requiring a special or technical skill.

(5) Local authority deems a public emergency to exist, requiring prompt action.

(6) A single purchase of goods is less than $500 or a service contract is less than $1,000.

(7) Solicitation of alternative proposals would not otherwise be in the best interest of the Village.

C. If goods are purchased or a contract is awarded to a vendor who has not submitted the lowest proposal, the reasons for the award of the contract shall be documented and retained by the Village.

§ 134-4 Effective date; annual review.

These regulations shall go into effect July 19, 2011, and be reviewed annually by the Board of Trustees.