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.
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.
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.
|