[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor 2-18-1992. Amendments noted where applicable.]
[Amended 7-18-2011 by L.L. No. 1-2011]
A. 
The Village of Lloyd Harbor does hereby adopt pursuant to the requirements set forth in § 104-b of the General Municipal Law the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid.
B. 
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 Village of Lloyd Harbor, is subject to §§ 103 or 104 of the General Municipal Law, or any general, special or local law legislation.
A. 
Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can be reasonably expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.
B. 
Purchase contracts involve the purchase of goods, supplies or equipment. Public works contracts involve services, labor or construction. Where a contract includes both goods and services, the general rule is that if the contract involves substantial services or specialized skills, it will be considered a public works contract. But, if service or labor is only a minimal or incidental part of the contract, it will be considered a purchase contract.
[Amended 7-18-2011 by L.L. No. 1-2011]
A. 
The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law: purchase contracts in either a single purchase or when the aggregate cost of total purchases of identical products reasonably anticipated to occur in a single fiscal year is under $20,000, and public works contracts for a single contract or for identical public works contracts reasonably anticipated to occur in a single fiscal year under $35,000; emergency purchases; professional services or services requiring special skill and expertise; the acquisition of goods or services available only from one source; purchases off of state and county contracts; and surplus and secondhand purchases from another governmental entity.
B. 
The decision that a purchase is not subject to competitive bidding pursuant to the exceptions contained in § 103 of the General Municipal Law will be documented, in writing, by the reviewing party when making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate. To document an emergency purchase, it must be shown that the purchase was necessary because of an accident or other unforeseen occurrence and that public buildings, public property or the life, health, safety or property of the residents would have been adversely affected if immediate action had not been taken.
A. 
The following method of purchase will be used, when required by this chapter, in order to achieve the highest savings:
[Amended 7-18-2011 by L.L. No. 1-2011]
Estimated Amount of Purchase Contract
Method
$500 to $4,999
Verbal quotations
$5,000 to $19,999
Written/fax quotations or written request for proposals
Estimated Amount of Public Works Contract
Method
$1,000 to $14,999
Verbal quotations
$15,000 to $34,999
Written/fax quotations or written request for proposals
B. 
A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
A. 
Documentation is required of each action taken in connection with each procurement made under § 34-4B.
B. 
Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offerer. This documentation will include an explanation of how the award will achieve savings or how the offerer was not responsible. A determination that the offerer is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
Pursuant to General Municipal Law § 104-b, Subdivision 2f, the procurement policy may contain circumstances when or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interests of the municipality. In the following circumstances it may not be in the best interests of the Village of Lloyd Harbor 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.
(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 is such that they do not readily lend themselves to competitive procurement procedures.
(2) 
In determining whether a service fits into this category, the Board of Trustees 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 prerequisite to the performance the of services.
(c) 
Whether the services require a personal relationship between the individual and municipal officials.
(3) 
Professional or technical services shall include, but not be limited to, the following:
(a) 
Services of an attorney.
(b) 
Services of a physician.
(c) 
Technical services of an engineer engaged to prepare plans, maps and estimates.
(d) 
Securing insurance coverage and/or services of an insurance broker.
(e) 
Services of a certified public accountant.
(f) 
Investment management services.
(g) 
Printing services involving extensive writing, editing or artwork.
(h) 
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 or services must be purchased immediately, and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This subsection 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 is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product.
D. 
Goods under $500 and services under $1,000. The time and documentation required to purchase through this chapter may be excessively burdensome from an administrative point of view, considering the quantity of purchases made throughout the year, and would, therefore, not be in the best interests of the Village. In addition, it is not likely that such de minimus contracts would be awarded based on favoritism.
E. 
There is only a single source from which the product or service is readily available.
[Added 7-18-2011 by L.L. No. 1-2011]
F. 
There are no other goods or services available in the marketplace that do, or will provide substantially equivalent or similar service or products.
[Added 7-18-2011 by L.L. No. 1-2011]
G. 
There is no reasonable possibility of local competition for the purchase.
[Added 7-18-2011 by L.L. No. 1-2011]