[HISTORY: Adopted by the Council of the City of New Rochelle 2-18-1992 by Res. No. 47; amended in its entirety 2-13-2018 by Ord. No. 2018-40. Subsequent amendments noted where applicable.]
Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid.
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. Such determination must be documented. 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.
Perishable items of food.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional institutions.
Purchases under state, county, or any political subdivision contracts.
Surplus and secondhand purchases from another governmental entity.
Purchases under certain Federal General Services contracts as defined in GML §§ 103-1-b and 104-2.
Purchases under certain Cooperative or buying group contracts as defined in GML § 103-16.
Lease agreements that are not, in substance, a purchase.
A good faith effort shall be made to obtain the not less than three proposals or quotations as required. If the purchaser is unable to obtain the required number of proposals or quotations, the purchase will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the required quotes or proposals be a bar to the procurement.
Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation must include an explanation of how the award will achieve savings or how the offeror was not responsible.
Pursuant to General Municipal Law § 104-b2f, the procurement policy may anticipate circumstances when or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. The determination that such circumstances exist shall, in each case, only be made by either the City Manager or by resolution of the City Council of the City of New Rochelle. In the following circumstances it may not be in the best interests of the City of New Rochelle to solicit quotations. Written documentation of such determination and approval must be maintained for each procurement:
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 the life, health, safety or welfare of the residents. This subsection does not preclude alternate proposals if time permits. Emergency procurements require approval of the City Manager through either the Department Head or City Manager, when circumstances allow.
Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the City is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product. Therefore, as set forth in this § 62-6, such purchases may be authorized.
Sole Source procurement may be entered into without a competitive process, based on written documentation that only one known source exists or that there are no other reasonable alternative sources that can fulfill the requirements and where competition is not feasible.
Standardization of a particular type of material or equipment must be approved by a City Council resolution setting forth all of the reasons for a need for standardization as defined in General Municipal Law § 103. The adoption of a resolution by City Council requires a vote of at least 3/5 of all members of the City Council. Such resolution shall state reasons of efficiency or economy.
As defined in GML § 104-b, professional services are not subject to competitive bidding. The City Manager or Commissioner of Finance may determine in the best interest of the City that the issuance of a formal Request for Proposal for professional services is required in certain circumstances.
The City Manager, the Commissioner of Finance or the Purchasing Manager are authorized to make purchases of goods and services on behalf of the City. The names of the individuals holding these positions will be set forth in the annual Omnibus legislation.