[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 12-17-1991. Amendments noted where applicable.]
A.
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.
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 3-4-2021 by L.L. No. 4-2021]
(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, a memo from the purchase or detailing
the circumstances which led to an emergency purchaser 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:
A.
Purchase contracts over $10,000 and public works contracts
over $20,000.
C.
Goods purchased from correctional institutions pursuant
to § 186 of the Correction Law.
D.
Purchases under state contracts pursuant to § 104
of the General Municipal Law.
E.
Purchases under county contracts pursuant to § 103,
Subdivision 3, of the General Municipal Law.
[Amended 2-1-1996[1]]
A.
The following methods of purchase will be used when
required by this policy in order to achieve the highest savings:
(1)
For purchase contracts:
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$1 to $999
|
At the discretion of Purchasing Department
|
|
$1,000 to $2,999
|
Verbal quotations
|
|
$3,000 to $9,999
|
Written/fax quotations or written request for
proposals
|
(2)
For public works contracts:
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$1 to $999
|
At the discretion of Purchasing Department
|
|
$1,000 to $2,999
|
Verbal quotations
|
|
$3,000 to $4,999
|
Written/fax quotations
|
|
$5,000 to $19,999
|
Written/fax quotations of written request for
proposals
|
B.
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.
[1]
Editor's Note: This resolution readopted and
reaffirmed revisions to this section previously enacted pursuant to
a resolution of July 1992.
A.
Documentation is required of each action taken in
connection with each 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 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 interests of the Village of
New Hyde Park to solicit quotations or document the basis for not
accepting the lowest bid:
A.
Professional services or services requiring special
or technical skill, training or expertise.
(1)
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)
In determining whether a service fits into this category
the Board of Trustees shall take into consideration the following
guidelines:
(a)
Whether the services are subject to state licensing
or testing requirements.
(b)
Whether substantial formal education or training is
a necessary prerequisite to the performance of the services.
(c)
Whether the services require a personal relationship
between the individual and municipal officials.
(3)
Professional or technical services shall include but
not be limited to the following:
(a)
Services of an attorney.
(b)
Services of a physician
(c)
Technical services of an engineer engaged to prepare
plans, maps and estimates.
(d)
Securing insurance coverage and/or services of an
insurance broker.
(e)
Services of a certified public accountant.
(f)
Investment management services.
(g)
Printing services involving extensive writing, editing
or art work.
(h)
Management of municipally owned property.
(i)
Computer software or programming services for customized
programs, or services involved in substantial modification and customizing
of prepackaged software.
B.
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.
Purchases of surplus and secondhand goods from any
source. If alternate proposals are required, the Village of New Hyde
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.
Goods or services under $1,000. 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.
[Amended 2-1-1996[1] ]
[1]
Editor's Note: This resolution readopted and
reaffirmed revisions to this section previously enacted pursuant to
a resolution of July 1992.
This policy shall go into effect January 1,
1992, and will be reviewed annually.
