[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook 3-4-1996; amended in its entirety 4-8-2019 by Res. No. 17-2019. Amendments noted where applicable.]
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: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; and surplus and secondhand purchases from another governmental entity.
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, 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.
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 that achieves the best value for the product or service sought and avoids favoritism, except in the following circumstances: purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to§ 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to § 50-5 of this chapter.
The following method of purchase will be used when required by this policy in order to achieve the highest savings:
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 three proposals or quotations, the purchaser will document the attempt made. In no event shall the failure to obtain three separate proposals bar the procurement.
Documentation is required of each action taken in connection with each procurement. All purchases resulting from same shall have quotes referenced on purchase orders or vouchers, thus creating an audit trail.
Documentation and an explanation will be required whenever a contract is awarded to any person, institution and the like who is not the lowest reasonable offeror. Documentation will include an explanation of how the award will achieve savings or how the offeror was not reasonable and responsible. A determination that the offer is not reasonable and/or responsible shall be made by the purchaser and can only be challenged upon just cause.
The Board of Trustees will specify annually, by title, the individual in each department with authority to authorize purchases under this section, except as altered by union agreement. The Village Clerk and Deputy Clerk shall have purchasing authority. All purchases for $500 or greater shall require approval from the Mayor. All public works contracts will require Board approval.
Pursuant to General Municipal Law § 104-b, Subdivision 2(g) 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 interests of the municipality. In the following circumstances it will not be required that the Village of Red Hook solicit quotations or document the basis for not accepting the lowest bid:
Professional service or services requiring special or technical skills, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skills, 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 the 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 Red Hook Board of Trustees shall take into consideration the following guidelines:
Whether the services are subject to state licensing or testing requirements;
Whether substantial formal education or training is a necessary prerequisite to the performances of the services; and
Whether the services require a personal relationship between the provider and the municipal officials. 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 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 services;
Printing services involving extensive writing, editing 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.
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 life, health, safety or welfare of the residents. This subsection does not preclude alternate proposals if item permits.
Goods or services under $1,000. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interest of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism.
Notwithstanding the provisions of this chapter, the Village of Red Hook may, for purposes of public purchases, utilize the provisions of New York State General Municipal Law § 103 with regard to so-called "piggybacking" of purchases. Pursuant to New York State General Municipal Law § 103, the Village of Red Hook may purchase through the bids solicited by the United States government, New York State and/or any other state, political subdivision (counties, towns, school districts, etc.), provided those contracts clearly state that they are available for use by other governmental entities within the requirements of New York General Municipal Law § 103(16). Prior to such purchase, the Village of Red Hook will ensure that a piggyback purchase qualifies as follows:
The contract must have been let by the United States or any agency thereof, any state or any other political subdivision or district therein.
The contract involved must have been available for use by other governmental entities through the bid solicitation process. In such case, the Village of Red Hook should determine that there is contained within the bidding political subdivision's bid package a provision that the bid is open to and can be used by either the Village of Red Hook or other municipalities. This determination should be made on a case-by-case basis.
The specific contract must have been let to the lowest responsible or on the basis of best value and in accordance with or in a manner consistent with the provisions of New York General Municipal Law § 103.
New York General Municipal Law § 103 requires competitive bidding for purchase contracts and public works contracts and has historically required that such bids be awarded to the lowest responsible bidder whose bid meets the requirements of the specifications for the project. General Municipal Law § 103 was amended to provide that by adopting a resolution so providing, municipalities may award purchase contracts which would otherwise be subject to the "lowest bidder" rule on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror.
Notwithstanding the provisions of this chapter, the Village of Red Hook hereby determines that it is in the best interest of its residents to have the authority to award purchase contracts on the basis of best value. Factors that may be used to enact the "best value" option, where cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder include, but are not limited to:
The Village of Red Hook may award purchase contracts, including contracts related to the installation, maintenance or repair of apparatus, equipment and supplies, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Labor Law Article 8, on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror.
Where the basis for award is the best value offer, the Village of Red Hook shall document, in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted.
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be addressed by the Village of Red Hook in its determination of best value.
The election to award any such contract on the basis of best value shall be made by the Board of Trustees. In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with this chapter.
All prices quoted must be "per unit" as specified: e.g., do not quote "per case" when "per dozen" is requested; otherwise bid may be rejected.
Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern.
Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.
Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums.
All bids received after the time stated in the public notice may not be considered.
Samples, when required, must be submitted strictly in accordance with instructions, otherwise the bid may not be considered.
Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into account the reliability of the bidder, the quality of the materials, equipment or supplies furnished, their conformity with the specifications, the purposes to which required and the terms of delivery.
Delivery must be made in accordance with the instructions to bidders and specifications.
The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented due to wars, acts of God, strikes or any other acts not within the control of the bidder.
The form of noncollusion bidding certification must be executed by the bidder and submitted with the proposal.