[Amended 7-17-2012]
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 Upper Brookville 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 the total value of the purchase, less miscellaneous administrative
expenses, is more than 50% 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 the total value of the purchase, less miscellaneous administrative
expenses, is more than 50% 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 contract for 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 of 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.
[Amended 7-17-2012]
(2) If the expenditure for a single public works/service contract, or
if the total expenditure for identical public works service contract
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.
[Amended 7-17-2012]
(3) For purchases that are exempt from competitive bidding under the
state law, the reviewing party shall not consider the purchase designation
or its value.
[Amended 7-17-2012; 3-15-2021]
These regulations shall go into effect March 15, 2021, and be
reviewed annually by the Board of Trustees. The Board of Trustees
may, by resolution, make future changes to the Procurement Policy
to conform to the General Municipal Law.