Pursuant to General Municipal Law § 104-b, Subdivision
2f, the procurement policy may contain some circumstances
when, or types of procurements for which, in the sole discretion of
the governing body, the solicitation of alternative proposals or quotation
will not be in the best interest of the municipality. In the following
circumstances, it may not be in the best interests of the City of
Fulton 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. In determining whether
a service fits into this category, the City of Fulton 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 necessary
prerequisite to the performance of the services.
(c)
Whether the services require a personal relationship between
the individual and municipal officials.
(2) Professional or technical services shall include but are not 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
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, 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 section does not preclude alternate
proposals if time permits.
C. Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the City of Fulton 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 shall go into effect immediately and will be reviewed
after six months for adjustments. Thereafter, it shall be reviewed
annually.