Pursuant to General Municipal Law § 104-b, Subdivision
2f, the procurement policy may contain circumstances when, or types
of procurement 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 Greenport 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 except that the Village of Greenport
recognizes that while professional services are exempt from competitive
bidding requirements, that in order to insure that the Village receives
the best value when procuring these services, whenever practicable
will seek additional quotes for these services.
(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 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 Greenport 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: services of an attorney; services of a physician;
technical services of an engineer or architect 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 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
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 and services must be purchased immediately. "Emergency" is defined
as an urgent and unexpected requirement where health and public safety
or the conservation of public resources is at risk. A failure to properly
and timely plan in advance for a procurement, which then results in
a situation in which normal procurement practices cannot be followed,
will not constitute an emergency. 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 Greenport is precluded from
purchasing surplus and secondhand goods at auctions or through specific
advertised sources where the best prices of used goods and a lower
price may indicate an older product.
D. Goods or services under $2,500. 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.
E. Sole-source purchases and contracts. Where competition would otherwise
be required, but is not feasible due to the sole-source, single-source
or emergency nature of a commodity or service, the Village must be
able to justify and document the selection of the vendor and establish
the reasonableness of the price. In accordance with the State Finance
Law, exceptions to the general requirement for competitive selection
shall only be made under unusual circumstances. The Village must maintain
written justification supporting the sole-source, single-source or
emergency determination.