[HISTORY: Adopted by the Common Council 1-3-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 104, Procurement Policy, adopted 1-3-2011.
The following procedures are adopted for procurement of goods
and services.
For purchases, the following procedures are to be followed:
A.
For purchases of items costing over $20,000, competitive bidding
in accordance with applicable laws and regulations is required.
B.
For purchases of items costing between $5,000 and $19,999.99, three
or more written price quotes from suppliers are required.
C.
For purchases of items costing between $2,000 and $4,999.99, three
or more verbal quotes from suppliers are required.
D.
For purchases of items costing between $0 and $1,999.99, appropriate
verbal quotes from suppliers, in the discretion of the department
head undertaking the purchasing, are required.
For public works contracts, the following procedures are to
be followed:
A.
For contracts over $35,000, competitive bidding in accordance with
applicable laws and regulations is required.
B.
For contracts between $5,000 and $34,999.99, three or more written
quotes from qualified contractors are required.
C.
For contracts between $2,000 and $4,999.99, three or more verbal
quotes from qualified contractors are required.
D.
For contracts between $0 and $1,999.99, appropriate verbal quotes
from qualified contractors, in the discretion of the department head
who wishes to enter into the contracts, are required.
[Amended 2-5-2013]
A.
In the
event it can be anticipated that a particular service (e.g., painting
services) may be required by the City for various projects which,
in total, are expected to exceed $35,000 for the year, then the procurement
of those services will be subject to competitive bidding.
B.
There are,
however, certain types of services provided to the City that may be
considered routine and delivered in the ordinary course of business
that are not capable of precise cumulative monetary calculation but
are necessary to be incurred promptly and/or locally to protect the
health, welfare or safety of the residents of the City, employees
of the City or structures and equipment owned by the City. Such services
include, but are not limited to, repairs to City vehicles such as
sanitation trucks or trucks used in snowplowing or street repairs;
repairs to City buildings and processes, such as electrical or plumbing
work in or on the City’s sewage treatment plant or water treatment
plant; or assistance from outside companies for snow or garbage removal.
In such cases, the cumulative payment to those companies may total
more than $35,000 per year, but it is impossible to know from year
to year whether such costs will exceed $35,000. In such cases, and
in accordance with § 104-b, Subdivision 2g, of the New York General
Municipal Law, it is the determination of the Common Council of the
City of Middletown that the best interests of the City will not be
served by competitive bidding in such cases but that the department
head charged with such purchases may obtain such routine services
as needed by the City in the ordinary course of business from time
to time.
C.
Notwithstanding
the foregoing, if the department head charged with such purchase determines
that the anticipated service covered by that one purchase likely will
exceed the cost of $35,000 and such service is not the subject of
any exception under this procurement policy (such as an emergency
purchase or the purchase from a sole source supplier), then the procurement
of such service will be subject to competitive bidding as set forth
elsewhere in this chapter.
Whenever this policy allows for verbal quotes, the department
head must maintain a written log which lists appropriate information
from each supplier or contractor supplying such verbal quotes.
[Amended 3-19-2024]
A.
Exceptions to the above procurement processes are to be allowed in
purchases or public work contracts which involve any of the following
situations:
B.
In all of the above situations, the responsible department head or
other City official engaging in the procurement process must:
(1)
Document the circumstances allowing the exception to the above procurement
processes;
(2)
Abide by all relevant state and City ethics laws and codes;
(3)
Attempt to achieve the best value for the City; and
(4)
Should, whenever possible, attempt to make purchases and secure public
works contracts at the lowest possible cost to the extent possible
under the circumstances.
Whenever possible, professional services are to be obtained
through requests for proposals (RFPs) issued by the Board of Estimate
and Apportionment. All responses to RFPs are to be reviewed by the
Board of Estimate, which must make a recommendation to the Common
Council for final approval.
Whenever any contract is awarded to other than the lowest bidder
or proposer, the reasons are to be set forth in writing and filed
with the appropriate department or board.
Nothing in these procurement processes changes any administrative
procedures required by the Charter of the City of Middletown, such
as the approval of the Board of Estimate and Apportionment for purchases
and contracts.
[Added 6-3-2014 by L.L. No. 2-2014]
Notwithstanding anything else contained in this chapter to the
contrary, the Common Council, after approval of the Board of Estimate
and Apportionment, may award purchase contracts and service contracts
that have been procured pursuant to competitive bidding or otherwise
under New York General Municipal Law § 103(1) or this chapter
by either the lowest responsible bidder standard or the best-value
standard.
A.
"Best value" is defined in State Finance Law § 163 to mean
"the basis for awarding contracts for services to the offerer which
optimizes quality, cost and efficiency, among responsive and responsible
offerers. Such basis shall reflect, wherever possible, objective and
quantifiable analysis. Such basis may also identify a quantitative
factor for offerers that are small businesses or certified minority-
or women-owned business enterprises as defined in subdivisions one,
seven, fifteen and twenty of section three hundred ten of the [New
York] Executive Law to be used in evaluation of offers for awarding
of contracts for services." For purposes of this section, the Common
Council adopts the above definition of "best value," as the same may
be modified from time to time by the State Legislature.
B.
Pursuant to New York General Municipal Law § 103(1), the
best-value standard may be used for purchase contracts, including
contracts for service work, but it excludes and may not be used for
any purchase contracts necessary for the completion of public works
contracts pursuant to New York Labor Law Article 8.
C.
If the monetary thresholds of New York General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the monetary thresholds set forth herein will be deemed simultaneously amended to match the new General Municipal Law thresholds.
D.
Whenever any contract is awarded by the Common Council (after approval
of the Board of Estimate and Apportionment) on the basis of best value
instead of the lowest responsible bidder, the basis for determining
best value will be thoroughly and accurately documented. Such documentation
may include, but is not necessarily limited to, the cost of maintenance;
durability; availability of replacement parts or maintenance contractors;
longer product life; product performance criteria; quality of craftsmanship;
or compatibility with existing City buildings or property.
[Added 11-15-2016; amended 3-19-2024]
All federal awards, including funds received through New York
State pass-through entities and funds under federal CDBG-DR grants,
must comply with the provisions of 2 CFR Part 200, subparts A through
F. There shall be no contracting with, or awards made to, parties
that are suspended or debarred pursuant to federal regulations. A
suspension/disbarment clause must be included in all written contracts
in which, (1) the vendor must certify that it is not suspended or
debarred, and (2) the vendor must promise to notify the City if it/they
become suspended or debarred. The City must evaluate the recipient’s
risk of noncompliance in accordance with 2 CFR 200.213.
[Added 3-19-2024]
Professional services are defined in New York case law and Comptroller
opinions. Generally, professional services require specialized or
technical skills or expertise, training, licensing or certifications,
exercise of judgment or discretion, a high degree of creativity and/or
a relationship of personal trust and confidence. Examples of professional
services include, but are not limited to, those provided by physicians,
nurses, therapists, engineers, surveyors, attorneys, artists, designers,
photographers, publicity agents, laboratories, and insurance or financial
service firms. Procurement of professional services does not require
competitive bidding as long as there is an inextricable integration
of scientific and technical skills.
