All contracts for commodities and public work shall be awarded
by competitive sealed bidding except as otherwise provided in this
chapter.
Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as DPW or Central Purchasing deems appropriate, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection in accordance with § 1065-5.
Bids shall be unconditionally accepted without alteration or
correction, except as authorized in this chapter. Bids shall be evaluated
based on the requirements set forth in the invitation for bids.
Correction or withdrawal of inadvertently erroneous bids before
or after bid opening, or cancellation of awards or contracts based
on such bid mistakes, may be permitted where appropriate. Errors discovered
before bid opening may be modified or withdrawn by the bidder by written
notice, which must be received in the office designated in the invitation
for bids prior to the time set for bid opening. After bid opening,
no changes in bid prices or other provisions of bids prejudicial to
the interest of the County or fair competition shall be permitted.
In lieu of bid correction, a bidder alleging a material mistake of
fact may be permitted to withdraw its bid if: the mistake is clearly
evident on the face of the bid document but the intended correct bid
is not similarly evident; or the bidder submits evidence that clearly
and convincingly demonstrates that a mistake was made. All decisions
to permit correction or withdrawal of bids, or to cancel awards or
contracts based on bid mistakes, shall be supported in writing and
maintained in the bid record.
A.
Competitively bid contracts shall be awarded to the lowest responsible
and responsive vendor; however, whenever other than the lowest quote
receives the award, there must be written documentation explaining
why the lowest bid was rejected and justification for the award made.
B.
The award of competitively bid contracts are subject to the requirements of Administrative Code §§ A4-13, Preferences for businesses located within Suffolk and Nassau Counties, and A4-14, Competitive bids.
C.
Contracts for public work. Contracts for public work shall be awarded
to the lowest responsive and responsible bidder furnishing the required
security.
Notwithstanding the foregoing procedures, the following circumstances
may warrant exceptions to the procedures set forth herein:
A.
Emergency. In the case of a public emergency arising out of an accident
or other unforeseen occurrence or condition, whereby circumstances
affecting public buildings, public property or the life, health, safety
or property of the inhabitants of Suffolk County require immediate
action, and when such a public emergency is declared in writing by
the County Executive, contracts may be let by the appropriate officer,
board or agency.
B.
Unanticipated need. Where immediate need for commodities or public
work could not have been anticipated, confirmation orders approved
by the appropriate department head may be obtained.
C.
Formal bids for the purchase of commodities in the range of $3,500.01
to $20,000 may be waived when the Director determines, in writing,
pursuant to written guidelines established by the Director that it
would be in the best interest of the County to do so.
D.
Formal bids for the purchase of public work in the range of $5,000.01
to $35,000 may be waived by the Commissioner of Public Works when
the Commissioner determines, in writing, that it would be in the best
interest of the County to do so.
E.
Preferred source offerings. When a commodity desired by a department
is available from a preferred source, designated pursuant to State
Finance Law § 162, in the form, function and utility required,
and, with respect to services, the price, as determined by Central
Purchasing, and the cost of which is no more than 15% above the prevailing
market rate, the County must purchase that commodity from a preferred
source. When doing so, the priority that has been accorded to the
preferred sources in the General Municipal Law shall be followed.
(1)
Reasonable efforts must be made to determine whether a preferred
source is interested in performing the service before the department
engages in a competitive procurement method.
(2)
Once service requirements have been specified, the department
must notify those preferred sources which provide the service of the
specific service requirements being sought.
(3)
If within 10 days the preferred source expresses an interest
in performing the service as specified and the department approves
the price of the service, the department must purchase the service
from the preferred source.
(4)
If within 10 days of the notification the preferred source does
not respond, or expresses no interest in providing the service, the
department may conduct a competitive procurement.
(5)
During the competitive procurement, if the preferred source
elects to then bid on the contract, the department must award the
contract to the proposer having the best value irrespective of the
preferred source's special status.
F.
Sole-source offerings. Where the department has documented, after
conducting a good faith review of available resources, that there
is only one viable source for the required commodities or public work,
DPW shall conduct negotiations, as appropriate, as to price, delivery
and terms.
G.
Procurements from surplus government auctions.
H.
Procurements resulting from mandates.
I.
Procurements involving a named sub-recipient in a grant application.
J.
Intra- and inter-governmental procurements.
K.
Procurements using established national and regional cooperative
purchasing contracts, including, but not limited to, the contracts
issued by the following entities: NYS Office of General Services,
the federal General Services Administration, or U.S. Communities Government
Purchasing Cooperative.
L.
Demonstration or pilot projects for innovative products, approaches,
or technologies.
M.
Art work.
N.
Other procurements methodologies approved by NYS Office of General
Services, including reverse auctions.
