[HISTORY: Adopted by the Board of Trustees of the Village
of North Hills 10-25-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution repealed former Ch. 66,
Procurement Policy, adopted 1-1-1992.
A.
Every
purchase to be made must be initially reviewed to determine whether
it is a purchase contract or a public works contract. Once that determination
is made, a good faith effort will be made to determine whether it
is known or can reasonably be 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 single fiscal year.
B.
The
decision that a purchase is not subject to competitive bidding will
be documented in writing by the individual making the purchase or
proposing that the Board of Trustees approve a purchase. 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 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 under the applicable circumstances and that favoritism will be avoided. Such procedures are not required where purchases are made in compliance with state law requirements for competitive bidding or where state law provides that such procedures are not required or for purchases pursuant to § 66-6 of this policy.
A.
The following method of purchase will be used when required by this
policy in order to achieve the highest savings:
Estimated Amount of Purchase Contract
|
Minimum Required Method
| |
---|---|---|
$500 to $2,999
|
2 verbal quotations
| |
$3,000 to maximum amount permitted without competitive bidding
|
3 written/fax quotations or written request for proposals
|
Estimated Amount of Public Works Contract
|
Minimum Required Method
| |
---|---|---|
$500 to $2,999
|
2 verbal quotations
| |
$3,000 to $4,999
|
2 written/fax quotations
| |
$5,000 to maximum amount permitted without competitive bidding
|
3 written/fax quotations or written request for proposals
|
B.
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. In no event shall the
failure to obtain the proposals be a bar to the procurement.
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, or any other reason why the
contract was awarded to other than the lowest responsible offeror.
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
2g, the Village's 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
North Hills 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 the 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:
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; and
c) 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; 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 alternative proposals may threaten the life, health, safety
or welfare of the residents. This section does not preclude seeking
alternate proposals if time permits.
C.
Purchases of surplus and secondhand goods. Such purchases may be
made without alternate proposals, because if alternate proposals are
required, the Village 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 $500. 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.
[Added 4-18-2012 by L.L. No. 1-2012]
Notwithstanding any other provision of this chapter with respect
to purchase contracts (including contracts for purchase of service
work), and pursuant to the provisions of General Municipal Law § 103(1),
the Village of North Hills may award such purchase contracts to a
responsive and responsible bidder or offeror on the basis of "best
value."[1]
[1]
Editor's Note: Former § 66-8, Purchase contracts, added
10-23-2013 by L.L. No. 4-2013, which immediately followed this section,
was repealed 1-15-2014 by L.L. No. 1-2014 to eliminate redundant provisions.