[HISTORY: Adopted by the Legislature of the
County of Monroe 4-25-1989 by L.L. No. 3-1989, approved 6-1-89. Amendments
noted where applicable.]
GENERAL REFERENCES
Administrative Code provisions regarding purchasing — See
the Administrative Code, Art. VIII.
This chapter shall be known as the "Monroe County
Purchasing Law."
A.
The County Purchasing Manager shall be responsible
for ensuring that all purchase contracts and public works contracts
administered by the Division of Purchasing are made in accordance
with requirements of all public purchasing and other contract laws.
B.
In connection with the performance of his/her powers
and duties as set forth in the Monroe County Charter, the Purchasing
Manager shall:
(1)
Act to procure for the county the highest quality
supplies and services at the least expense or on the basis of best
value to the county.
[Amended 7-11-2023 by L.L. No. 9-2023]
(2)
Establish uniform specifications for the county so
that volume discounts may be obtained where practical.
(3)
Endeavor to obtain as full and open competition as
possible on all purchases and sales.
(4)
Prescribe rules and procedures for the uniform procurement
of supplies and service for the county.
C.
Except as otherwise provided in the Monroe County
Charter or Administrative Code or by law, it shall be unlawful for
any county official or employee of any county agency, except for persons
under the direct supervision and control of the Purchasing Manager,
or to whom he has delegated such authority, to order the purchase
of or enter into a purchase contract for any materials, supplies,
equipment or apparatus or related services.
D.
Public bids shall be required, received and read in
accordance with all provisions of law. Advertisements for public bids
shall be made in an official newspaper designated by the County Legislature.
E.
Award of public works contracts which result from
public bids shall be made, and purchase contracts which result from
public bids may be made, to the lowest responsive and responsible
bidder in accordance with the requirements of the General Municipal
Law. In cases where two or more responsible bidders submit identical
bids as to price, and all other terms and conditions are identical,
preference may be given to a bidder whose place of business is within
Monroe County. Otherwise, award may be made by drawing lots, or by
whatever other method is deemed appropriate by the Purchasing Manager,
or all bids may be rejected and new bids sought by readvertisement.
[Amended 7-11-2023 by L.L. No. 9-2023]
F.
Award of purchase contracts (including contracts for service work,
but excluding any purchase contracts necessary for the completion
of public works contracts) which result from public bids may also
be awarded by the Purchasing Manager to responsive and responsible
bidders on the basis of best value.
[Amended 7-11-2023 by L.L. No. 9-2023]
G.
Best value procurement shall be subject to the following requirements:
[Amended 7-11-2023 by L.L. No. 9-2023]
(1)
The County Purchasing Manager shall determine when best value shall
be the basis of an award. The County Purchasing Manager shall document
the criteria used to rate proposals and evaluation results, or if
not practicable, such other justification which demonstrates how best
value was achieved for the County.
(2)
Whenever practicable, the evaluation of best value shall be based
upon objective and quantifiable factors which optimize quality, cost,
and efficiency, but shall not be based solely on cost, in accordance
with New York State Finance Law § 163.
(3)
The evaluation criteria and process for awarding procurements based
upon best value shall be identified in the County's procurement
policy.
(4)
The County's solicitation documents shall prescribe the minimum
specifications or requirements that must be met in order for bidders
and offerors to be considered responsive, and describe the general
manner in which the evaluation and selection shall be conducted.
(5)
In accordance with Article 8 of the Labor Law, best value may not
be used for purchase contracts necessary for the completion of public
works contracts.
H.
In the absence of public bidding requirements, all purchase contracts
and public works contracts shall, wherever feasible and cost effective,
be based on at least three competitive quotations and shall be awarded
to the lowest responsive and responsible bidder. The Purchasing Manager
may solicit quotations by such method or methods, including direct
mail and telephone, as he/she shall deem suitable.
[Amended 7-11-2023 by L.L. No. 9-2023]
I.
In the case of a public emergency arising out of an accident or other
unforeseen occurrence or condition whereby circumstances affecting
public buildings, public property or the life, health, safety or property
of the inhabitants of the county require immediate action which cannot
await competitive bidding, purchase contracts or public works contracts
may be let without such competitive bidding upon certification by
the county official requesting the emergency purchase or public work
contract using procedures promulgated by the Purchasing Manager and
approved by the County Attorney.
[Amended 7-11-2023 by L.L. No. 9-2023]
J.
In accordance with the General Municipal Law, the Purchasing Manager
may enter into a purchase contract with a single supplier without
carrying out public bidding procedures if the supplier receives designation
as a sole source vendor under procedures promulgated by the Purchasing
Manager and approved by the County Attorney.
[Amended 7-11-2023 by L.L. No. 9-2023]
K.
In accordance with § 408-a of the County Law, the Purchasing
Manager is authorized to include a provision in any county contract
which permits purchases under such contract by any political subdivision,
fire company or district located in whole or in part in Monroe County;
provided, however, that the political subdivision, fire company or
district accepts sole responsibility for any payment to the vendor.
[Amended 7-11-2023 by L.L. No. 9-2023]
L.
The Purchasing Manager shall submit reports to the Clerk of the Legislature
noting how many public bids were awarded each month, on what basis
each public bid was awarded, and, if such basis was best value, what
criteria was used to rate proposals and evaluation results.
In accordance with § 134 of the Highway
Law, the County Legislature hereby authorizes the Purchasing Manager
to purchase or rent all or any part or class of supplies, materials,
tools, implements, equipment and machinery, for the construction and
maintenance of roads and highways within the county, provided that
an unencumbered appropriation sufficient to pay for the same is available.
In accordance with § 109-b of the
General Municipal Law, the County Legislature hereby authorizes the
Purchasing Manager to enter into installment purchase contracts on
behalf of the county, provided that:
A.
BEST VALUE
PUBLIC WORK CONTRACT
PURCHASE CONTRACT
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 7-11-2023 by L.L. No. 9-2023]
Means the basis for awarding contracts for materials, supplies, equipment, apparatus, or services, except public works under Article 8 of the New York Labor Law, 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 quantitative factors to be used for awarding purchase contracts and service, including but not limited to: small businesses; certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15, and 20 of § 310 of the Executive Law; a minority- or women-owned business enterprise certified by Monroe County in accordance with § 26-5 of the Monroe County Code; certified service-disabled veteran-owned business enterprises as defined in Subdivision 1 of § 40 of the Veterans’ Services Law; and/or green procurement specifications approved by New York State.
Encompasses a contract for public works under Article 8 of
the New York Labor Law.
Pertains to purchases of materials, supplies, equipment or
apparatus and services, except any contract necessary for the completion
of public works pursuant to Article 8 of the New York Labor Law.
B.
This chapter has no application to contracts for professional
services or for services requiring special skills or training, such
as contracts for legal, medical, dental, nursing, appraisal, insurance
and ambulance services as exempt from public bidding laws.
