[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 12-17-1991; amended in its entirety 7-19-2011. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 36.
The Mayor, Village Treasurer, Village Clerk, or such individual
so designated by resolution of the Board of Trustees ("reviewing party")
shall determine whether the purchase of any goods or services on behalf
of the Incorporated Village of Oyster Bay Cove is subject to competitive
bidding procedures, pursuant to § 103 or 104 of the General
Municipal Law ("GML"), or of any general, special, or local law legislation
("determination"). The determination shall be based upon the review
of written or oral proposals received by the Village, as set forth
below, or upon the prior experience of the Village of similar purchases
or contracts. The reviewing party shall have the right to rely on
the truth and accuracy of a proposal in making the determination.
The Village shall retain sufficient documentation to evidence the
basis for the determination.
In making the determination, the following procedures shall
be followed and general standards applied:
A.
The reviewing party shall ascertain whether the purchase is for goods
or a public works/service contract.
(1)
If more than 50% of the total value of the purchase, less miscellaneous
administrative expenses, is allocated for the purchase of a supply
item or equipment, though it may also include a value for services
to be rendered, it shall be considered a contract for the purchase
of goods.
(2)
If more than 50% of the total value of the purchase, less miscellaneous
administrative expenses, is allocated for a public works or service
contract, though it may also include a value for a supply item or
equipment, it shall be considered a public works/service contract.
B.
The reviewing party shall then ascertain the value of the purchase
and whether it is subject to competitive bidding under the General
Municipal Law.
(1)
If the expenditure for goods in either a single purchase or the aggregate
cost of total purchases of identical products reasonably anticipated
to occur in a single fiscal year is less than $20,000, the purchase
shall not be subject to GML competitive bidding requirements.
(2)
If the expenditure for a single public works/service contract or
the total expenditure for identical public works/service contracts
reasonably anticipated to occur in a single fiscal year is less than
$35,000, the contract shall not be subject to GML competitive bidding
requirements.
C.
For purchases that are exempt from competitive bidding under state
law, the reviewing party shall not consider the purchase designation
or its value.
For purchases which are neither exempt from nor subject to competitive
bidding, the following procurement procedure shall be followed before
the purchase is authorized:
A.
For single purchases of goods which are reasonably expected to exceed
$5,000 or a single contract for a public work/service which is reasonably
expected to exceed $15,000, written proposals from at least three
vendors shall be solicited.
B.
For all other purchases, except as set forth in § 63-4 below, at least three oral proposals shall be solicited.
C.
Documentation of the vendors' solicited written or oral proposals,
together with their responses, if any, shall be retained. If a vendor
is solicited and fails or refuses to respond, the reviewing party
need not solicit additional vendors, provided that at least two proposals
are received.
For the below purchases or circumstances, written or verbal
proposals are not required to be solicited from more than one vendor
if:
A.
There is only a single source from which the product or service is
readily available.
B.
There are no other goods or services available in the marketplace
that do or will provide substantially equivalent or similar service
or products.
C.
There is no reasonable possibility of local competition for the purchase.
D.
Professional service contracts requiring a special or technical skill
are being renewed.
E.
A local authority deems a public emergency to exist, requiring prompt
action.
F.
A single purchase of goods is less than $500 or a service contract
is less than $1,000.
G.
Solicitation of alternative proposals would not otherwise be in the
best interest of the Village.
If goods are purchased from or a contract is awarded to a vendor
who has not submitted the lowest proposal, the reasons for the award
of the contract shall be documented and retained by the Village.
