Village of Sloan, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Sloan 4-11-2006. Amendments noted where applicable.]
GENERAL REFERENCES

Credit card policy — See Ch. 27.

Code of ethics — See Ch. 38.

§ 95-1
Exceptions to competitive bidding requirement. 

§ 95-2
General purchases. 

§ 95-3
Method of purchase. 

§ 95-4
Documentation requirement. 

§ 95-5
Documentation; explanation. 

§ 95-6
Exceptions to requirement of accepting lowest bid. 

§ 95-7
Responsibility for purchasing. 

§ 95-8
When effective. 

A. 

Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once made, a good faith effort will be undertaken to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.

B. 

Emergency purchases, goods purchased from agencies for the blind or severely handicapped, correctional facilities, purchases under state and county contracts and surplus and secondhand purchases from another governmental entity are not subject to competitive bidding.

C. 

The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. The documentation must 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 documentation that is appropriate.

All goods and services will be secured by use of written requests for proposals, written quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except those which are open for competitive bidding and those listed above as exempt.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The following method of purchase will be used:

Estimated amount of purchase method:
$500 to $2,999 Verbal quotation
$3,000 to $19,999 Written/fax quotations or written request for proposals
$20,000 and higher Request for proposal
Estimated amount of public works purchase method:
$500 to $2,999 Verbal quotation
$3,000 to $34,999 Written/fax quotations or written request for proposals
$35,000 and higher Request for proposal

Documentation is required of each action taken in connection with each purchase.

Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible bidder. This documentation will include an explanation of how the award will achieve savings or how the bidder was not responsible. A determination that the bidder is not responsible shall be made by the purchaser and may not be challenged under any circumstances.

In the following circumstances it may not be in the best interests of the Village of Sloan 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 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 they do not readily lend themselves to competitive purchasing 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 performance of the services; whether the services require a personal relationship between the individual and municipal officials. Professional and technical services shall include, but not be limited to, the following: services of an attorney; 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 account.

B. 

Emergency purchase. 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 life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits.

C. 

Goods or services under $250. The time and documentation required to purchase under 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 contracts would be awarded based on favoritism.

D. 

Credit cards are the property of the Village and used on an "as-needed" basis and, further, returned after each use. Additionally, the Clerk/Treasurer will maintain a sign-out and return sheet. The individual using the card is responsible for signing the card in and out. Village credit cards are not to be used for personal needs.

Editor's Note: See Ch. 27, Credit Card Policy.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Within the Village, the individuals in the following positions shall be responsible for purchasing: Mayor, Trustees, Clerk, Deputy Clerk, Working Crew Chief, Fire Chiefs.

This policy is effective immediately and is pursuant to an annual review at the April reorganization meeting of the Board of Trustees.