All goods and services not requiring competitive bidding 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: goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; 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 county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to §
43-6 of this policy.
Documentation is required of each action taken
in connection with each procurement.
[Amended 2-12-2013 by L.L. No. 2-2013]
A. Documentation
and an explanation is required whenever a contract is awarded to other
than the lowest responsible bidder. The documentation will include
an explanation of how the award will achieve savings or how the bidder
was not responsible. A determination that the bidder is not responsible
shall be made by the purchaser and may not be challenged under any
circumstances.
B. A contract
can be awarded to the bidder who offered the best value, in lieu of
the lowest price, pursuant to new legislation in 2012.
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 Babylon to solicit quotations or document the basis for not accepting
the lowest bid:
A. Professional service or services requiring special
or technical skill, training or expertise.
(1) The individual 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: 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. 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.
C. Purchases of surplus and secondhand goods. If alternative
proposals are required, the Village of Babylon 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 $250. 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 interest 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 January 1,
1992, and will be reviewed annually.