[HISTORY: Adopted by the Board of Trustees of the Village
of Owego 1-7-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 19.
[1]
Editor's Note: This resolution also superseded former
Ch. 57, Procurement Policy, adopted 1-6-1992.
The Village of Owego 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:
A.
For every purchase to be made, it shall be determined: i) to be either
a purchase contract or a public works contract; and ii) whether it
is known or can reasonably be expected that the aggregate amount to
be spent on the item of supply or service is subject to competitive
bidding, taking into account past purchases and the aggregate amount
to be spent in a year. The following items are not subject to competitive
bidding pursuant to § 103 of the General Municipal Law:
(1)
Purchase contracts under $20,000 and public works contracts under
$35,000.
(2)
Emergency purchases.
(3)
Certain municipal hospital purchases.
(4)
Goods purchased from agencies for the blind or severely handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
Surplus and secondhand purchases from another governmental entity.
B.
The decision that a purchase is not subject to competitive bidding
shall be clearly documented, in writing, by the individual making
the purchase. Said documentation shall contain:
(1)
All written or verbal quotes as may be required. All verbal quotes
shall clearly set out the date, time, name of the vendor or agency
solicited, the representative who provided the quote, and a summary
of the verbal request for quote as provided by the purchaser;
(2)
A memo from the purchaser fully and clearly identifying the source
and justification(s) in deciding that a purchase is not subject to
competitive bidding;
(3)
A memo from the purchaser detailing the circumstances which led to
an emergency purchase; and
(4)
Any other written documentation as may be required or deemed appropriate.
C.
All goods and services shall be secured in a manner that clearly
dispels and/or avoids the appearance of favoritism or collusion by:
i) use of written requests for proposals; ii) written quotations;
iii) fully documented verbal quotations; or iv) any other approved
methods that assures that goods and services will be purchased at
the lowest price. Exceptions are as follows:
(1)
Purchase contracts over $20,000 and public works contracts over $35,000;
(3)
Goods purchased from correctional institutions pursuant to § 186
of the Correction Law;
(4)
Purchases under state contracts pursuant to § 104 of the
General Municipal Law;
(5)
Purchases under county contracts pursuant to § 103, Subdivision
3, of the General Municipal Law; or
D.
The following method of purchase will be used when required by this
chapter in order to achieve the highest savings:
(1)
Purchase contracts.
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
$500 to $4,999
|
Documented verbal quotations in compliance with § 57-1B of this chapter
| |
|
$5,000 to $19,999
|
Written/fax quotations and written request for proposals
|
(2)
Public works contract.
|
Estimated Amount of Public Works Contract
|
Method
| |
|---|---|---|
|
$500 to $4,999
|
Verbal quotations
| |
|
$5,000 to $9,999
|
Written/fax quotations
| |
|
$10,000 to $34,999
|
Written/fax quotations and written request for proposals
|
E.
Due diligence shall be made to obtain the required number of proposals
or quotations under the appropriate regulations set forth herein.
If the purchaser is unable to obtain the required number of proposals
or quotations, the purchaser will present the documented attempt made
at obtaining the required proposals or quotations to the Village Board
of Trustees, who will then decide whether or not to approve the procurement.
F.
Documentation is required of each action taken in connection with
each procurement.
G.
Clear and complete written documentation is required whenever a contract
is awarded to other than the lowest responsive and responsible offeror.
This documentation shall include an explanation of how the award was
determined, how it will achieve savings for the Village, and how the
offeror was not responsive or responsible. A determination that the
offeror is not responsive or responsible shall be made by the purchaser
and presented to the Village Board for record.
H.
Pursuant to General Municipal Law § 104-b, Subdivision
2f, the procurement policy may contain provisions for 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 interest of the Village of
Owego to solicit quotations or document the basis for not accepting
the lowest bid:
(1)
Professional services.
(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, 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.
In determining whether a service fits into this category, the Village
of Owego Board of Trustees shall take into consideration the following
guidelines:
[1]
Whether the services are subject to state licensing or testing
requirements;
[2]
Whether substantial formal education or training is a necessary
prerequisite to the performance of the services; and
[3]
Whether the services require a personal relationship between
the individual and municipal officials.
(b)
Professional or technical services shall include but not be
limited to the following types of services:
[1]
Services of an attorney;
[2]
Services of a physician;
[3]
Technical services of an engineer engaged to prepare plans,
maps and estimates;
[4]
Securing insurance coverage and/or services of an insurance
broker;
[5]
Services of a certified public accountant;
[6]
Investment management services;
[7]
Printing services involving extensive writing, editing or artwork;
[8]
Management of municipally owned property; and
[9]
Computer software or programming services for customized programs
or services involved in substantial modification and customizing of
prepackaged software.
(2)
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.
(3)
Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the Village of Owego 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.
(4)
Goods or services under $500. The time and documentation required
to purchase through this chapter 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.
This chapter shall go into effect January 1, 2013, and will
be reviewed annually at the organizational meeting in April.
