The Village of Sag Harbor does hereby adopt the following procurement
policy which is intended to apply to all goods and services which
are not required by law to be publicly bid.
[Amended 9-14-2021 by L.L. No. 13-2021]
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 $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; goods purchased 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 §
50-7 of this policy:
Documentation is required of each action taken in connection
with each procurement.
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
2, 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
Sag Harbor 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. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgement, 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.
(1) 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; and
(c)
Whether the services require a personal relationship between
the individual and municipal officials.
(2) 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 or 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 Sag Harbor 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 9-14-2021 by L.L. No. 13-2021]
[Amended 9-14-2021 by L.L. No. 13-2021]
All purchases over $1,000 require a purchase order.
This policy shall go into effect April 8, 2014.