[Adopted 3-6-2007 by L.L. No. 7-2007 (Ch. 143, Art. IV,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that the manufacture
of certain commodities and technologies, as well the provision of
services, may have an adverse impact on public health and the environment.
B.
This Legislature also finds and determines that including public
health and environmental considerations in County purchasing decisions
can help to ensure a higher quality of life for present and future
generations.
C.
This Legislature further finds and determines that the protection
of public health and the environment in County purchasing decisions
is consistent with the traditional considerations of lowest price,
best value, quality, cost and efficiency.
D.
Therefore, the purpose of this article is to establish a safe and
sustainable procurement policy for Suffolk County in order to promote
increased public health for Suffolk residents and employees.
As used in this article, the following terms shall have the
meanings indicated:
The cost to provide a comparable commodity, service and/or
technology that does not meet the criteria established by this article.
Shall include any substance known to be or reasonably anticipated
to be a human carcinogen; any substance known to be or reasonably
anticipated to be a risk to human reproduction; any substance known
to be or reasonably anticipated to be an endocrine disrupter; and/or
any substance regulated as a radioactive substance.
A cost of 15% or more than a comparable commodity, service
and/or technology that does not meet the criteria established by this
article.
Broad categories of commodities, services and/or technologies
routinely procured by the County of Suffolk which may have an adverse
impact on public health or the environment and for which more safe
and/or sustainable commodities, services or technologies should be
identified and substituted. For the purposes of this definition, target
commodities, services and/or technologies shall be limited to automotive
fleet maintenance products and services; paper products; landscaping
products and services; and paint and coating products and services.
A.
Minimum specifications for safety and sustainability.
(1)
Consistent with determinations of need, all County departments shall
procure target commodities, services and technologies that meet or
exceed the following minimum specifications:
(a)
Avoidance of priority toxic substances of concern. No target commodity, service or technology shall contain, use, or cause the release of a priority toxic substance of concern as defined in § 189-31 of this article unless no commodity, service or technology meeting such specification is available in the form, function and utility consistent with a department's needs.
(b)
Recycled content. All paper products for which the United States
Environmental Protection Agency has developed recycled content recommendations
pursuant to Section 6002 of the Resource Conservation and Recovery
Act shall be required to meet or exceed the minimum recovered material
and post-consumer material content percentages recommended in the
most recent Recovered Materials Advisory Notice issued for such commodity
in the Federal Register; provided, however, that xerographic copy
paper shall contain no less than 30% post-consumer recycled content.
Such minimum percentages shall be met unless costs or other public
health or environmental considerations are determined to be more important.
(2)
All requests for proposals (RFPs), requests for qualifications (RFQs), and/or requests for expressions of interest (RFEIs) to which this article applies shall contain a request for an offer that meets the minimum specifications developed pursuant to Subsection A of this section as well as a comparable offer as defined in § 189-31 herein.
B.
Applicability.
(1)
Nothing in this section shall be construed as prohibiting a County
department from procuring a target commodity, service or technology
in the form, function and utility required by such department, or
as requiring a County department to procure a target commodity, service
or technology that does not perform adequately for its intended use
or purpose, excludes adequate competition, or is only available at
a prohibitive cost or within an unreasonably long period of time.
(2)
In the event that a department receives no offers that meet the specifications developed pursuant to Subsection A of this section, or only receives offers meeting such specifications at a prohibitive cost, such department may relet the contract without such specifications and award a contract in accordance with other applicable statutes; provided, however, that such department shall document the reasons why such procurement does not meet the minimum specifications for safety and sustainability.
A.
The County of Suffolk ("County") shall identify target commodities,
services and/or technologies routinely purchased by the County of
Suffolk.
B.
Following identification, the County shall create an approved safe and sustainable alternatives list for each target commodity, service and/or technology that is consistent with the safe and sustainable policy established by § 189-32 of this article. Approved alternative lists shall be reviewed and revised biannually, and the public shall be provided opportunity for review and comment.
C.
When procuring a target commodity, service and/or technology for
which an approved safe and sustainable alternatives list has been
created, County departments shall procure such target commodity, service
and/or technology from such list.
A waiver from the provisions of this article may be granted
by the Director of the Division of Purchasing ("Director") when no
target commodity, service and/or technology on such approved alternative
list meets a County department's performance standards.
A.
In order to obtain a waiver, the County department requesting the
waiver must show that it has:
(1)
Thoroughly tested each commodity or technology, or thoroughly investigated
each service, on the approved alternatives list and none meet the
agency's performance standards, including, but not limited to, prohibitive
costs or timing needs; and
(2)
Disclosed the use and intensity for use for the commodity, service
or technology and developed a reasonable plan to minimize the use
of the selected commodity, service or technology and/or protect employees
and the public from exposure.
B.
An emergency waiver from the provisions of this article may be granted
by the Director when the purchase of a target commodity, service or
technology is necessary to respond to an emergency which endangers
public health or safety; provided, however, that upon the granting
of an emergency waiver, such County department shall, within two business
days, file a written report with the Director containing the following
information:
(1)
A description of the emergency that prevented compliance with this
chapter;
(2)
The name of the commodity or technology, or a description of the
service, its use and intensity of use;
(3)
A description of the steps being taken to safeguard public health
and safety during the emergency; and
(4)
An explanation of how such an emergency can be avoided in the future.
C.
Any waiver granted pursuant to this section shall remain in effect
until an alternative for such target commodity, service or technology
is approved, or until an emergency has ended; but in no event shall
a waiver remain in effect for a period longer than two years from
the date of issuance by the Director. Said waivers may be renewed
by the Director, provided that all relevant criteria are met with
respect to each waiver.
The provisions of this article shall not apply to, and no waiver shall be necessary for, commodities, services or technologies utilized for bona fide scientific experiments or for public health testing conducted by the County of Suffolk, or for commodities, services or technologies utilized for law enforcement or crime scene investigation purposes, or for commodities, services or technologies utilized by the County Medical Examiner, or for commodities subject to Chapter 647, Pest Control, of the Suffolk County Code.
The Suffolk County Department of Environment and Energy shall
promulgate such rules and regulations as deemed necessary and appropriate
for the implementation and enforcement of any provision of this article.
This article shall apply to all operating budget requests by
County departments and/or agencies for target commodities, services
and/or technologies on or after June 30, 2008, for inclusion in the
County Operating Budget of 2009, and all subsequent years.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine, via mere
resolution, whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provision
of this section.
