[HISTORY: Adopted by the Board of Trustees
of the Village of Williston Park 4-6-1998. Amendments noted where
applicable.]
A.Â
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. The following items
are not subject to competitive bidding pursuant to § 103
of the General Municipal Law: purchase contracts under $10,000 and
public works contracts under $20,000; emergency purchases; certain
municipal hospital purchases; goods purchased from agencies for the
blind or severely handicapped; goods purchased from correctional institutions;
purchases under state and county contracts; and surplus and secondhand
purchases from another governmental entity.
B.Â
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 of service exempt, a memo from the purchaser detailing
the circumstances which led to an emergency purchase or any other
written documentation that is appropriate.
All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $20,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under contracts pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to § A234-6 of this policy.
A.Â
The following method will be used when required by
this policy in order to achieve the highest savings:
Estimated Amount of Purchase Contract
|
Method
|
---|---|
$500 to $2,999
|
2 verbal quotations
|
$3,000 to $9,999
|
3 written/fax quotations or written requests
for proposals
|
Estimated Amount of Public Works Contract
|
Method
|
$500 to $2,999
|
2 verbal quotations
|
$3,000 to $4,999
|
2 written/fax quotations
|
$5,000 to $19,999
|
3 written/fax quotations or written requests
for proposals
|
B.Â
A good faith effort shall be made to obtain the required
number of proposals or quotations. If the purchaser is unable to obtain
the required number of proposals or quotations, the purchaser will
document the attempt made at obtaining the proposals. In no event
shall the failure to obtain the proposals be a bar to the procurement.
Documentation is required of each action taken
in connection with each procurement.
Documentation and an explanation are 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 offeror was not responsible.
A determination that the offeror is not responsible shall be made
by the purchaser and may not be challenged under any circumstances.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, the procurement policy may contain 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. In the following
circumstances it may not be in the best interest of the Village of
Williston Park to solicit quotations or document the basis for not
accepting the lowest bid:
A.Â
Professional services or services requiring special
or technical skill, training or expertise.
(1)Â
The individual or company must be chosen based on
accountability, reliability, responsibility, skill, education and
training, judgment, integrity and moral worth. 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.
(2)Â
In determining whether a service fits into this category
the Village of Williston Park Board of Trustees shall take into consideration
the following guidelines: whether the services are subject to state
licensing or testing requirements; whether substantial formal education
or training is a necessary prerequisite to the performance of the
services; and whether the services require a personal relationship
between the individual and municipal officials. Professional or technical
services shall include but not be limited to the following: services
of an attorney; services of a physician; technical services of an
engineer engaged to prepare plans, maps and estimates; securing insurance
coverage and/or services of an insurance broker; services of a certified
public accountant; investment management services; printing services
involving extensive writing, editing or art work; management of municipally
owned property; and computer software or programming services for
customized programs or services involved in substantial modification
and customizing of prepackaged software.
B.Â
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 section does not preclude
alternate proposals if time permits.
C.Â
Purchases of surplus and secondhand goods from any
source. If alternate proposals are required, the Village of Williston
Park 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.
D.Â
Goods or services under $500. The time and documentation
required to purchase through this policy may be more costly than the
item itself and would therefore not be in the best interests of the
taxpayer. In addition it is not likely that such de minimis contracts
would be awarded based on favoritism.
This policy shall go into effect April 6, 1998,
and will be reviewed annually.