[HISTORY: Adopted by the Board of Trustees
of the Village of Lloyd Harbor 2-18-1992. Amendments noted where applicable.]
[Amended 7-18-2011 by L.L. No. 1-2011]
A.
The Village
of Lloyd Harbor does hereby adopt pursuant to the requirements set
forth in § 104-b of the General Municipal Law the following
procurement policy which is intended to apply to all goods and services
which are not required by law to be publicly bid.
B.
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 Village
of Lloyd Harbor, is subject to §§ 103 or 104 of the
General Municipal Law, or any general, special or local law legislation.
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 be reasonably 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.
B.
Purchase contracts involve the purchase of goods,
supplies or equipment. Public works contracts involve services, labor
or construction. Where a contract includes both goods and services,
the general rule is that if the contract involves substantial services
or specialized skills, it will be considered a public works contract.
But, if service or labor is only a minimal or incidental part of the
contract, it will be considered a purchase contract.
The Village will seek the most economical purchases,
including purchases under state and county contracts, where the latter
are suitable and practicable.
[Amended 7-18-2011 by L.L. No. 1-2011]
A.
The following
items are not subject to competitive bidding pursuant to § 103
of the General Municipal Law: purchase contracts in either a single
purchase or when the aggregate cost of total purchases of identical
products reasonably anticipated to occur in a single fiscal year is
under $20,000, and public works contracts for a single contract or
for identical public works contracts reasonably anticipated to occur
in a single fiscal year under $35,000; emergency purchases; professional
services or services requiring special skill and expertise; the acquisition
of goods or services available only from one source; purchases off
of 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 pursuant to
the exceptions contained in § 103 of the General Municipal Law
will be documented, in writing, by the reviewing party when 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. To document an emergency
purchase, it must be shown that the purchase was necessary because
of an accident or other unforeseen occurrence and that public buildings,
public property or the life, health, safety or property of the residents
would have been adversely affected if immediate action had not been
taken.
A.
The following method of purchase will be used, when
required by this chapter, in order to achieve the highest savings:
[Amended 7-18-2011 by L.L. No. 1-2011]
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$500 to $4,999
|
Verbal quotations
|
|
$5,000 to $19,999
|
Written/fax quotations or written request for
proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$1,000 to $14,999
|
Verbal quotations
|
|
$15,000 to $34,999
|
Written/fax quotations or written request for
proposals
|
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.
A.
Documentation is required of each action taken in connection with each procurement made under § 34-4B.
B.
Documentation and an explanation are required whenever
a contract is awarded to other than the lowest responsible offerer.
This documentation will include an explanation of how the award will
achieve savings or how the offerer was not responsible. A determination
that the offerer is not responsible shall be made by the purchaser
and may not be challenged under any circumstances.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, 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 interests of the municipality. In the following
circumstances it may not be in the best interests of the Village of
Lloyd Harbor 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 is 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:
(3)
Professional or technical services shall include,
but not be limited to, the following:
(a)
Services of an attorney.
(b)
Services of a physician.
(c)
Technical services of an engineer engaged to
prepare plans, maps and estimates.
(d)
Securing insurance coverage and/or services
of an insurance broker.
(e)
Services of a certified public accountant.
(f)
Investment management services.
(g)
Printing services involving extensive writing,
editing or artwork.
(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 subsection 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 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 under $500 and services under $1,000. The time
and documentation required to purchase through this chapter may be
excessively burdensome from an administrative point of view, considering
the quantity of purchases made throughout the year, and would, therefore,
not be in the best interests of the Village. In addition, it is not
likely that such de minimus contracts would be awarded based on favoritism.
E.
There is
only a single source from which the product or service is readily
available.
[Added 7-18-2011 by L.L. No. 1-2011]
F.
There are
no other goods or services available in the marketplace that do, or
will provide substantially equivalent or similar service or products.
[Added 7-18-2011 by L.L. No. 1-2011]
G.
There is
no reasonable possibility of local competition for the purchase.
[Added 7-18-2011 by L.L. No. 1-2011]
