Village of Plandome, NY Chapter 41 Procurement Policy

[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Plandome 1-14-1992; amended in its entirety 5-6-2013. Subsequent amendments noted where applicable.]

§ 41-1 Policies and procedures adopted.

The Incorporated Village of Plandome hereby adopts the following policies and procedures for the procurement of goods, services, and public works contracts as follows.

§ 41-2 Determination of bidding requirements.

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 Plandome is subject to competitive bidding procedures, pursuant to § 103 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.

§ 41-3 Procedure for 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 more than $20,000, the purchase shall be subject to GML competitive bidding requirements.

(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 more than $35,000, the contract shall 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.

§ 41-4 Purchases not exempt from or subject to competitive bidding.

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 § 41-5 below, at least three oral proposals shall be solicited.

C. Documentation of the vendors' solicited written or oral proposals, together with their response, 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.

§ 41-5 Exemption from bidding requirements.

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. It is the renewal of professional service contracts, requiring a special or technical skill.

E. The local authority deems a public emergency to exist, requiring prompt action.

F. A single purchase of goods is less than $2,500 or a service contract is less than $5,000.

G. Solicitation of alternative proposals would not otherwise be in the best interest of the Village.

§ 41-6 Award of contract to other than lowest bidder.

If goods are purchased 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.

§ 41-7 Annual review.

The General Municipal Law was amended on November 17, 2009, the Village's amended regulations were adopted on May 6, 2013, and shall be reviewed annually by the Board of Trustees.