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 Newark Valley 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 is such that they
do not readily lend themselves to competitive procurement procedures.
In determining whether a service fits into this category, the Newark
Valley 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.
(2) Professional or technical services shall include but
not be limited to the following:
(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 artwork.
(h)
Management of municipally owned property.
(i)
Computer software or programming services for
customized programs or services involved in the 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. If competitive
bidding is required, the Village of Newark Valley is precluded from
purchasing surplus and secondhand goods at auctions or through specific
advertised sources.
D. Goods or services under $1,500. 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 likely that such de minimis contracts
would be awarded based on favoritism.
[Amended 9-14-2010 by L.L. No. 1-2010]
This policy shall go into effect January 1,
1992, and will be reviewed annually.