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Suffolk County, NY
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
A. 
Except as specifically provided in this chapter for a department to conduct its own procurement for consultant services, Central Purchasing shall maintain, for all other procurements, the procurement records that serve as an audit trail of the procurement and the principal resource for responding to inquiries. The records for consultant services shall be maintained by the user department(s). The procurement records shall include all documentation supporting the procurement, regardless of method used, including:
(1) 
All documentation maintained in support of the procurement process, including, but not limited to, written documentation that supports the decision-making process and all materials necessary to be conveyed to the Office of the County Comptroller for review and/or for audit purposes, as well as any other materials the department deems essential.
(a) 
Documented explanation whenever the required number of bids cannot be obtained;
(b) 
Documented explanation whenever three or more quotes or proposals are not received.
B. 
To the extent permissible under applicable law, departments may store procurement records electronically, and may use and may allow vendors to use electronic documents and signatures in the course of procurements. Any system used for storage of procurement-related documents in electronic form must be such as to provide for the security and integrity of the documents contained in it to an equal or greater degree than traditional hard-copy filing systems.
Procurement information shall be a public record to the extent provided in the New York State Freedom of Information Law (Public Officers Law Article 6), and shall be available to the public as provided in such statute.
A. 
Procurements are an expenditure of public monies, and public employees must always ensure that all procurements are conducted so as not to cause any concern that special considerations have been shown to a bidder/proposer. Actions such as providing a bidder/proposer with information that is not available to other bidders/proposers or accepting a gift from a potential contractor could be construed as showing favoritism, and may violate state and/or County law. Certain meetings and/or certain business relationships with existing or potential contractors may also need to be disclosed in conformance with the Suffolk County Code of Ethics.
(1) 
All evaluation committee members for procurement of personal/consultant services shall complete the "No Conflict of Interest Disclosure Statement".
B. 
Contractors and their representatives have a responsibility to deal ethically with the County and its employees, and to respect the ethical duties of County employees. Information provided by contractors to the County must be complete and accurate. Contractors must at all times avoid conduct that is in restraint of competition. Contractors must not request County employees to engage in conduct that would violate the law, this chapter, or the principles set forth in this chapter.
A. 
The Suffolk County Legislature shall review these policies and procedures annually.
B. 
Not more than every four years, but not less than every eight years, the Director shall contract an independent assessment and report of the County's procurement organization, processes, and related financial systems. The final assessment and report and recommendations shall be submitted to the County Executive, the Presiding Officer of the Legislature, and the Comptroller for consideration of the recommended operational improvements.
A. 
The guidelines set forth in this chapter shall not apply to the extent that a non-County source of funds, a federal or state statute or regulation or rule, the terms of a court order or consent decree, or other applicable law expressly requires otherwise. All other provisions of this chapter not so superseded shall apply to such procurement.
B. 
The Director may determine that the guidelines set forth in this chapter do not apply to the following transactions, provided that the alternative process to be followed is in the best interest of the County, based upon a writing provided by the user department setting forth the basis therefor:
(1) 
Grants or contracts between the County and other governments, public authorities or public benefit corporations except as provided under law;
(2) 
The provision of work or services by public utilities for which the rates charged to customers have been tariffed in accordance with the provisions of the Public Service Law, or for which there are no practical competitive alternatives;
(3) 
The provisions of cable television services or other public services regulated by the New York State Public Service Commission, or any interstate public utility regulated by either the Federal Energy Regulatory Commission or the Federal Communications Commission;
(4) 
Membership in professional associations; and
(5) 
Subscriptions, including subscriptions for magazines and periodicals, orders for books and "off-the-shelf" training materials, and attendance at standard commercially available training seminars.
A. 
In an effort to maximize cooperative County purchasing power, all commodity purchases shall be facilitated through centralized procurement procedures administered through Central Purchasing.
B. 
Central Purchasing shall annually prescribe and/or update guidelines to facilitate aggregate County purchasing.
C. 
Departments must plan procurement sufficiently in advance to allow Central Purchasing to obtain the best price and/or overall services, and departments shall submit anticipated requirements in accordance with the guidelines described in Subsection B above.
A. 
Commodities may be purchased, or services contracted, through the use of any contract authorized pursuant to Article 5-A of NYS General Municipal Law.
B. 
Existing contracts. In order to utilize a contract developed for another department or governmental entity, the contract must be general, rather than specific to a particular commodity, public work, or consultant service, and must have been made available for use by other entities.
A. 
The County may participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of commodities, public work, technology, or consultant services. Cooperative purchases may be made when Central Purchasing determines that such purchase is consistent with this chapter and is in the County's best interest, provided written justification is provided for such purchases.
B. 
The County shall make reasonable efforts to encourage and facilitate the sharing of services in accordance with applicable state and local laws, rules and regulations, including, but not limited to, towns, villages, school districts, and special districts.
Purchases funded in whole or in part with federal awards/funds shall be conducted in compliance with applicable provisions of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. In the event of a conflict between state or local laws and regulations and the procurement requirements of 2 CFR Part 200, the more stringent requirements will apply.
A. 
Except as otherwise provided in this chapter, and subject to the restrictions set forth in § 1065-9, the procurement of commodities shall be administered through Central Purchasing and conducted in accordance with the following procedures, subject to the requirements of Administrative Code §§ A4-13, Preferences for businesses located within Suffolk and Nassau Counties, and A4-14, Competitive bids:
Cost
Procedure
$0.01 to $500
Direct purchase by Department
$500.01 to $3,500
Documented quotes from at least 3 separate vendors (if available) identifying the vendors, the item to be purchased and the price quoted
$3,500.01 to $20,000
Formal sealed bids from at least 4 separate vendors (if available)
$20,000.01 and up and all annual requirements contracts and lettings
Advertised, formal sealed bids in conformance with General Municipal Law § 103 and in accordance with any other applicable state and local laws and resolutions.
B. 
The reasonably expected aggregate amount of all purchases of the same commodities, services or technology to be made within the twelve-month period commencing on the date of purchase shall be considered in determining the procurement procedure to be utilized.
Except as otherwise provided in this chapter, procurement of public work shall be administered through DPW, and conducted in accordance with the following procedures, subject to the requirements of Administrative Code §§ A4-13, Preferences for businesses located within Suffolk and Nassau Counties, and A4-14, Competitive bids:
Cost
Procedure
$0.01 to $1,500
Purchase at the discretion of a duly authorized representative of DPW. Documentation of such purchases shall identify the vendor, the item purchased, and the amount paid.
$1,500.01 to $5,000
Documented quotes from at least 3 vendors (if available) identifying the vendor, the item(s) which are the subject of the quote and the price, together with written prevailing wage certification as required under Articles 8 and 9 of the Labor Law
$5,000.01 to $35,000
Formal sealed bids or RFPs from at least 4 vendors (if available) and written prevailing wage certification as required under Articles 8 and 9 of the Labor Law
$35,000.01 and up and all requirements contracts and lettings
Advertised, formal sealed bids in conformance with General Municipal Law § 103 and in accordance with any other applicable statute and local laws and resolutions.
Except as otherwise provided in this chapter, procurement procedures for purposes of contracting consultants and personal services shall be conducted by the user department with the assistance of Central Purchasing, subject to the requirements of the Administrative Code.
Cost
Procedure
$0.01 to $1,000
Hiring at the discretion of the County Executive or his/her duly authorized representative
$1,000.01 to $25,000
Written quotes from at least 3 sources (if available), identifying the proposer, the services offered and the cost therefor, with award made at the discretion of the County Executive or his/her duly authorized representative
$25,000.01 and up
Advertised RFPs with each separate award made by a separate committee appointed solely for the purpose of making that specific award and whose membership shall always include the County Executive or the County Executive's duly authorized representative or representatives, the Presiding Officer of the Suffolk County Legislature or the Presiding Officer's duly authorized representative, and the department head of the department requesting the RFP or his/her representative or representatives.