[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:
A.
Purchases under $1,000.
[Amended 10-3-2011]
B.
Emergency purchases, as defined by statute.
C.
Contracts for personal service.
D.
Employee expenses such as conference expenses, mileage,
meals and other reimbursable expenses in performance of day-to-day
duties.
E.
Reimbursement of petty cash.
F.
Utility bills.
G.
Service contracts for a fixed monthly or annual amount.
H.
Interdepartmental charges.
I.
Medical examinations.
J.
Legal notices.
K.
Postage.
L.
Professional services.
M.
Insurance premiums.
A.
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:
(1)
Purchase contracts under $20,000.
[Amended 4-18-2013]
(2)
Public works contracts under $35,000.
[Amended 4-18-2013]
(3)
Emergency purchases.
(4)
Goods purchased from agencies for the blind or severely
handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and County contracts.
(7)
Surplus and secondhand purchases from another governmental
entity.
B.
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.
A.
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]
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$1,000 to $2,000
|
2 verbal quotations
|
|
$2,000 to $5,000
|
2 written quotations
|
|
$5,000 to $20,000
|
3 written requests for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$1,000 to $5,000
|
2 verbal quotations
|
|
$5,000 to $10,000
|
2 written quotations
|
|
$10,000 to $35,000
|
3 written requests 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. 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.
C.
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:
A.
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:
(1)
Whether services are subject to state licensing or
testing requirements.
(2)
Whether substantial formal education or training is
a necessary prerequisite to the performance of the services.
(3)
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.
B.
Emergency purchases pursuant to § 103(4)
of the General Municipal Law.
C.
Purchases of surplus and secondhand goods from any
source.
D.
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.
[Amended 10-3-2011]
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.
