[HISTORY: Adopted by the Board of Trustees
of the Village of Lowville 1-7-1992. Amendments noted where applicable.]
The purpose of this chapter is to set forth internal policies
and procedures governing procurements of goods and services which
are not required to be made pursuant to competitive bidding under
the appropriate provisions of the General Municipal Law.
Prior to the determination to purchase goods or services and
prior to the determination to engage in a public works contract, an
evaluation shall be made to determine the applicability of General
Municipal Law § 103, and a determination shall be made whether
public bidding is required. The Mayor, Clerk, Police Chief, Budget
Officer and Superintendent of Public Works shall annually estimate
the amount of items of supply or equipment needed in a given year,
basing such estimate on past history, anticipated expenses and need
of the item being acquired. A similar determination shall be made
with respect to any public works contract. The information gathered
and the conclusions reached shall be documented by the respective
municipal officer, and maintained in written form with other documentation
supporting the purchase activity or the public works proposed.
Pursuant to General Municipal Law § 103, all contracts
for public works shall be awarded by the Board of Trustees to the
lowest responsible bidder furnishing the required security after advertisement
for sealed bids, and such advertisement shall occur at least five
days prior to the date specified for opening and reading of bids.
This public bidding requirement is subject to such exceptions as are
permitted by the General Municipal Law and such other laws as may
be specifically applicable to the public works contract or purchase
in question.
Purchase contract not requiring public bidding under § 36-3 of goods and services but more than $5,000 shall require a written order, describing the goods or services to be purchased, the quantity of same and the particulars of delivery, and written quotes shall be obtained from three vendors prior to the purchase. Purchases of goods or services estimated to cost less than or equal to $5,000 but more than $2,000 may be requested verbally, accompanied by a description of the desired goods or services and the quantity and particulars of delivery, and verbal quotes from two vendors shall be obtained. A list of vendors from whom written or verbal quotes have been obtained and the written or verbal quotes offered shall be maintained in written form and filed with the documentation supporting the purchases of the goods or services in question. No written or verbal quotes shall be required for the purchase of goods or services estimated to cost less than or equal to $2,000.
Expenditures pursuant to public works contracts not subject to public bidding under § 36-3 but more than $10,000 shall require a written order, describing the public works to be performed and the particulars of the same, and written quotes shall be obtained from three contractors prior to the execution of the contract. Expenditures pursuant to public works contracts estimated to cost less than or equal to $10,000 but more than $5,000 may be requested verbally, accompanied by a description of the desired public works to be performed, and verbal quotes from two contractors shall be obtained prior to execution of the contract. A list of contractors from whom written or verbal quotes have been obtained and the written or verbal quotes offered shall be maintained in written form and filed with the documentation supporting the public works contracts in question. No written or verbal quotes shall be required for expenditure pursuant to public works contracts estimated to cost less than or equal to $5,000.
The lowest responsible written or verbal bidder shall be awarded
the public works contract or purchase contract, unless the Board of
Trustees, in the case of a public bid, or the appropriate municipal
officer, in the case of a written or verbal bid without advertisement,
prepares a written justification providing reasons why it is in the
best interests of the municipality and its taxpayers to make an award
to other than the lowest bidder. If a bidder is not deemed responsible,
facts supporting that judgment shall be documented and filed with
the record supporting the procurement.
A good-faith effort shall be made to obtain the required number
of proposals or quotations. If the municipal officer is unable to
obtain the required number of proposals or quotations, the officer
shall document the attempt made at obtaining the proposals in written
form. In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
Except when directed by the Board of Trustees, no solicitation
of written proposals or quotations shall be required in the following
circumstances:
A.
Emergency situations, provided that documentation of the same is
set forth.
B.
Goods purchased from correctional facilities, another governmental
agency or from agencies for the blind or severely handicapped.
C.
Acquisition of professional services.
D.
Acquisition of goods or entering into a public works contract where
there is only one source of such item or one contractor available
to perform the public works contract.
E.
Goods purchased at auction.
F.
Goods or services costing less than $2,000 and public works contracts
costing less than $5,000.
This procurement policy and the procedures herein adopted shall
be reviewed annually by the Board of Trustees, and comments concerning
the policies and procedures shall be solicited by the Board of Trustees
from the municipal officers involved in the procurement process annually.
