[HISTORY: Adopted by the Board of Trustees of the Village of Montour Falls 8-21-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
With the exception of the following, no purchases shall be made without a purchase order made out by the purchaser and signed by the department head, Superintendent of Public Works and Mayor or Trustee:
Purchases under $1,000.
Emergency purchases, as defined by statute.
Contracts for personal service.
Employee expenses such as conference expenses, mileage, meals and other reimbursable expenses in performance of day-to-day duties.
Reimbursement of petty cash.
Service contracts for a fixed monthly or annual amount.
All other purchases to be made must be reviewed to determine whether it is a purchases contract or a public works contract. Once a 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. The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law:
Purchase contracts under $20,000.
Public works contracts under $35,000.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional institutions.
Purchases under state and County contracts.
Surplus and secondhand purchases from another governmental entity.
The decision that a purchase is not subject to competitive bidding must be documented in writing by the individual making the purchase at the request of the Treasurer, prior to the purchase order being processed. 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.
All purchases of goods and services not subject to competitive bidding will be secured by use of a request for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided. Whenever possible, goods shall be purchased from local vendors. In determining the lowest price, the costs involved for shipping charges and/or expenses for travel and employees' time to go pick up an item shall be considered. The following methods shall be used:
[Amended 10-3-2011; 4-18-2013]
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. Documentation is required of each action taken in connection with each procurement. In the event that the required number of proposals cannot be obtained, procurement shall proceed on order of the Mayor if less than $3,000 and by order of the Board of Trustees if $3,000 or more.
Documentation and an explanation is required whenever a contract is awarded to other than the lowest quote or proposal. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible.
There may be some instances when the solicitation of alternative proposals or quotations would not be in the best interest of the Village. In the following circumstances, it may be not in the best interests of the Village of Montour Falls to solicit quotations or documents the basis for not accepting the lowest bid:
Professional services requiring special or technical skill, training or expertise. The individual 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. The Board of Trustees may therefore waive the procurement policy for these services after having considered the following:
Whether services are subject to state licensing or testing requirements.
Whether substantial formal education or training is a necessary prerequisite to the performance of the services.
Whether the services require a personal relationship between the individual and municipal officials. 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 services; printing services involving extensive writing and editing 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.
Emergency purchases pursuant to § 103(4) of the General Municipal Law.
Purchases of surplus and secondhand goods from any source.
Goods or services under $1,000. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer.
Upon receipt by the Clerk/Treasurer of any purchase order for which there is an insufficient appropriation fund balance, the requisition shall be returned to the requisitioning department indicating insufficient appropriations. It shall be up to the department to request additional funds before resubmitting the purchase order for processing.
This policy shall take effect immediately and be reviewed annually.