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.
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."