All goods and services will be secured by use of written requests 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, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $20,000; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to §
30-6 of this chapter.
Documentation is required of each action taken
in connection with each procurement.
Documentation and an explanation is required
whenever a contract is awarded to other than the lowest responsible
offeror. This documentation will include an explanation of how the
award will achieve savings or how the offeror was not responsible.
A determination that the offeror 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 interest of the municipality. In the following
circumstances, it may not be in the best interests of the Village
of New York Mills 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 are 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: whether the services are subject to state licensing or
testing requirements; whether substantial formal education or training
is a necessary prerequisite to the performances of the services; and
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 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, editing or artwork; 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, 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 of New York
Mills 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 or services under $250. 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. In addition, it is not likely that such de minimis contracts
would be awarded based on favoritism.
This policy will be reviewed annually by the
Village Board of Trustees.
[Added 2-22-2022 by L.L. No. 1-2022]
A. Section
3 business participation in procurement and contracting: For federally
funded projects or activities subject to Section 3 of 24 CFR Part
135 of the Housing and Urban Development Act of 1968, as amended,
the Village will, to the greatest extent feasible, facilitate participation
of Section 3 residents and Section 3 businesses in the procurement
of goods and services pursuant to its Section 3 Participation Plan.
Solicitation may be undertaken via advertisements in local publications
encouraging Section 3 participation, or direct outreach by letter
or email to identified Section 3 businesses or individuals included
on the Department of Housing and Urban Development's Section 3 Businesses
Registry. The Village's established purchase/contracting thresholds
will apply. The Village will keep documentation of Section 3 solicitation
in its records and any response(s) thereto.
B. Minority-Owned
And Women-Owned Business Enterprise (M/WBE) business participation
in procurement and contracting: In an effort to affirmatively increase
procurement and contracting opportunities for minority- and women-owned
business enterprises, the Village of New York Mills, when required
by funding participants, will solicit MBEs and/or WBEs as part of
its procurement process, when appropriate. Solicitation may be undertaken
via advertisements in minority publications or direct outreach by
letter or email to identified state-certified M/WBEs, or by working
with a clearinghouse such as the Syracuse Minority Business Development
Center. The Village's established purchase/contracting thresholds
will apply. For purposes of the above, the M/WBE must be certified
by Empire State Development (ESD) through the Division of Minority
and Women Business Development (DMWBD). The Village will keep documentation
of M/WBE solicitation in its records and any responses thereto.