[HISTORY: Adopted by the Board of Trustees
of the Village of Matinecock 12-14-1991; amended in its entirety 7-19-2011. Subsequent amendments noted where applicable.]
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 Matinecock is subject to competitive
bidding procedures, pursuant to § 103 or 104 of the General
Municipal Law or any general, special or local 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.
In making the determination, the following procedures shall
be followed and general standards applied:
A.Â
The reviewing party shall ascertain whether the purchase is for goods
or a public works/service contract.
(1)Â
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)Â
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.Â
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)Â
If the expenditure for goods in either a single purchase or the aggregate
cost of total purchases of identical products reasonably anticipated
to occur in a single fiscal year is less than $20,000, the purchase
shall not be subject to General Municipal Law competitive bidding
requirements.
(2)Â
If the expenditure for a single public works/service contract or
the total expenditure for identical public works/service contracts
reasonably anticipated to occur in a single fiscal year is less than
$35,000, the contract shall not be subject to General Municipal Law
competitive bidding requirements.
(3)Â
For purchases that are exempt from competitive bidding under state
law, the reviewing party shall not consider the purchase designation
or its value.
A.Â
For purchases which are neither exempt from nor subject to competitive
bidding, the following procurement procedure shall be followed before
the purchase is authorized:
(1)Â
For single purchases of goods which are reasonably expected to exceed
$5,000 or a single public works/service contract which is reasonably
expected to exceed $15,000, written proposals from at least three
vendors shall be solicited.
(2)Â
For all other purchases, except as set forth in Subsection B below, at least three oral proposals shall be solicited.
(3)Â
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.
B.Â
For the below purchases or circumstances, written or verbal proposals
are not required to be solicited from more than one vendor:
(1)Â
There is only a single source from which the product or service is
readily available.
(2)Â
There are no other goods or services available in the marketplace
that do or will provide substantially equivalent or similar service
or products.
(3)Â
There is no reasonable possibility of local competition for the purchase.
(4)Â
The renewal of professional service contracts requiring a special
or technical skill.
(5)Â
Local authority deems a public emergency to exist, requiring prompt
action.
(6)Â
A single purchase of goods is less than $500 or a service contract
is less than $1,000.
(7)Â
Solicitation of alternative proposals would not otherwise be in the
best interest of the Village.
C.Â
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.
These regulations shall go into effect July 19, 2011, and be
reviewed annually by the Board of Trustees.