[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-21-2005 by L.L. No. 9-2005.[1]]
[1]
Editor's Note: This local law also repealed former Ch. 37,
Procurement Policy, adopted 12-16-1991, as amended. In addition, L.L.
No. 9-2005 also provided that the use of the singular shall be read
as the plural and the plural as the singular in order to effectuate
its purpose.
A.
Every
purchase made will 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.
B.
The
following items are not subject to competitive bidding pursuant to
§ 103 of the General Municipal Law:
(1)
Purchase contracts under $20,000 and public works contracts under
$35,000.
[Amended 3-11-2013 by L.L. No. 1-2013]
(2)
Emergency purchases.
(3)
Certain municipal hospital purchases.
(4)
Goods purchased from agencies for the blind or severely handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
Surplus and secondhand purchases from another governmental entity.
C.
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 or a memo from the purchaser detailing the circumstances
which led to an emergency purchase.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped or from correctional institutions or purchases of goods and services exempted pursuant to § 37-5 of this chapter, will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods or services will be purchased at the lowest price and that favoritism will be avoided.
A.
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases or services provided pursuant to § 37-5 of this chapter:
[Amended 3-22-2010 by L.L. No. 2-2010; 3-11-2013 by L.L. No.
1-2013]
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
Up to $1,500
|
No quotations required*
| |
|
$1,500 to $3,500
|
2 written quotes
| |
|
$3,500 to $19,999
|
3 written quotes
|
|
Estimated Amount of Public Works/Services Contract
|
Method
| |
|---|---|---|
|
Up to $2,000
|
No quotations required*
| |
|
$2,000 to $5,000
|
2 written quotations
| |
|
$5,000 to $34,999
|
3 written quotations
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Prior to payment for goods or services, an itemized listing
of all items purchased and their prices shall be obtained from the
vendor and retained in the Village records.
| |
B.
A
good faith effort shall be made, whenever required, to obtain the
required number of alternate proposals. If the purchaser is unable
to obtain the required number of alternate proposals, the purchaser
will document the attempt made at obtaining the proposals, but in
no event shall the failure to obtain the proposals be a bar to the
procurement.
B.
Documentation
and an explanation is required whenever a contract is awarded to other
than the lowest responsible offeror. This documentation will include
an explanation of how the award will achieve savings or how the bidder
was not responsive or responsible. The purchaser will be responsible
for determining if the offeror is responsible.
A.
In
the following circumstances involving professional services, it is
not deemed in the best interests of the Village of East Hills to accept
the lowest bid. In these circumstances, the individual or company
must be chosen based on accountability, reliability, responsibility,
skill, creativity, experience, education and training, judgment, integrity,
moral worth and the ability to have a close working relationship with
the governing body. These qualifications are not necessarily found
in the individual or company that offers the lowest price, and the
nature of these services are such that they do not readily lend themselves
to competitive procurement procedures. The citizens of the municipality
deserve the benefit of expertise in these types of services, as it
may ultimately save the taxpayers money. In each case, no less than
two documented price quotations shall be obtained from similar firms
for the services provided and then reviewed and approved by the Board
of Trustees. The independent party who obtains the documented quotations
from another firm, corporation, company or person shall, if the information
was communicated orally, attest to the following information: the
individual contacted; title of the individual; name of the business;
address; telephone number; date of the conversation; and price offered
for similar services, whether per hours, totally inclusive, or otherwise.
If, at any time after the services are provided, the price is increased
by a retained professional, then two new documented quotations must
be obtained in the same manner as required for the prior prices and
reviewed and approved by the Board of Trustees. The purpose of the
documented quotations is to show that the prices offered by the professional
for the services provided is fair and reasonable and not excessive
in the marketplace. The following services, among others, are considered
provided by professionals:
[Amended 3-22-2010 by L.L. No. 2-2010]
(1)
Services of an attorney.
(2)
Services of a physician.
(3)
Technical services of an engineer engaged to prepare plans, maps
and estimates.
(4)
Securing insurance coverage and/or services of an insurance broker.
(5)
Services of a certified public accountant.
(6)
Investment management services.
(7)
Printing services involving extensive writing, editing or art work.
(8)
Management of municipally owned property.
(9)
Computer software or programming services for customized programs
or services involved in substantial modification and customizing of
prepackaged software.
(10)
An independent study, audit, or report prepared by an accounting
firm or professional consultant.
B.
In
addition, in the following situations it is not in the best interests
of the municipality to secure alternate proposals because of the time
required and type of purchase:
(1)
Emergency purchases pursuant to § 103(4) of the General
Municipal Law.
(2)
Purchases of surplus and secondhand goods pursuant to § 103(6)
of the General Municipal Law.
(3)
Purchases of goods under $1,500 and public works/services of $2,000.
(4)
Purchases of state contracts pursuant to § 104 of the General
Municipal Law.
(5)
Purchases of county contracts pursuant to § 103, Subdivision
3, of the General Municipal Law.
(6)
Goods where there is a single source from which the product is readily
available.
[Added 3-11-2013 by L.L. No. 1-2013[1]]
The individuals who are responsible for purchasing in the Village
shall be set forth by resolution.
[Added 3-11-2013 by L.L. No. 1-2013]
Pursuant to General Municipal Law § 103, Subdivision 16,
and all the terms and provisions contained in that subdivision, any
officer, board or agency of the Village authorized to make purchases
of apparatus, materials, equipment or supplies, or to contract for
services, may make such purchases, or may contract for such services,
as may be required by the Village through the use of a contract let
by the United States of America or any agency thereof, any state or
any other county or political subdivision or district therein if such
contract was let in manner that constitutes competitive bidding consistent
with state law and made available for use by other governmental entities.
This policy shall go into effect September 15, 2005, and will
be reviewed annually.
[Adopted 6-27-2023 by L.L. No. 1-2023]
A.
Pursuant
to General Municipal Law § 103(1), the Village authorizes
the award of certain purchase contracts subject to competitive bidding
under General Municipal Law § 103 on the basis of "best
value" as defined in § 163 of the New York State Finance
Law.
B.
When awarding
contracts under the best value standard, the Village must consider
the overall combination of quality, price, and other elements of the
required commodity or service that in total are optimal relative to
the needs of the Village Use of the best value standard must rely,
wherever possible, on objective and quantifiable analysis.
C.
The best
value standard may only be used for purchase contracts, which includes
contracts for service work, but excludes any purchase contracts necessary
for the completion of a public works contract pursuant to Article
8 of the Labor Law.
