[HISTORY: Adopted by the Board of Trustees of the Village of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-1991]
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 year. The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law: purchase contracts under $10,000 and public works contracts under $20,000; emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; and surplus and secondhand purchases from another governmental entity.
B. 
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the 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 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[1]; 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 § 19-6 of this chapter.
[1]
Editor's Note: State Finance Law § 175-b was repealed by L. 1995, c. 83, § 33. See now State Finance Law § 162.
A. 
The following method of purchase will be used when required by this policy in order to achieve the highest savings:
(1) 
Purchase contracts.
Estimated Amount of Purchase Contract
Method
$250 to $2,999
Verbal quotations
$3,000 to $9,999
Written/Fax quotations; written request for proposals
(2) 
Public works contract.
Estimated Amount of Purchase Contract
Method
$250 to $2,999
Verbal quotations
$3,000 to $4,999
Written/Fax quotations
$5,000 to $19,999
Written/Fax quotations; written request for proposals
B. 
A 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. 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,[1] 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 Bath 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 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 Village of Bath 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.
[1]
Editor's Note: See now General Municipal Law § 104-b, Subdivision 2g.
This policy shall go into effect January 1, 1992, and will be reviewed annually.[1]
[1]
Editor's Note: Former Art. II, Best Value Standard, which immediately followed this section, was repealed 9-19-2016 by L.L. No. 4-2016.
[Adopted 12-21-2020 by L.L. No. 3-2020]
This article shall be known as the "Village of Bath Local Law No. 3 of 2020 - A Local Law Authorizing Best Value Competitive Bidding and Procurement."
The intent of this article is to allow the Village of Bath the option to award certain purchase contracts (including contracts for service work) subject to competitive bidding under § 103 of the General Municipal Law on the basis of a low bid or "best value" as defined in § 163 of the New York State Finance Law.
This article is enacted pursuant to the New York Municipal Home Rule Law, as authorized pursuant to New York State General Municipal Law § 103 and the New York State Finance Law (including § 163), and other provisions of the law authorizing the Village of Bath to enter into contracts and engage in contracting for services.
A. 
Award based on best value. The Village Board may award purchase contracts, including contracts for service work, on the basis of "best value" as the term is defined in New York State Finance Law § 163. All contracts or purchase orders awarded based on best value bidding bases shall require Village Board approval.
B. 
Applicability. The provisions of this article apply to Village purchase contracts involving an expenditure of $20,000 or more and Village contracts for services involving an expenditure of $35,000 or more, but exclude purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be superseded by such as § 103 and this article shall be read as if the numbers are amended to conform to said § 103.
C. 
Standard for best value.
(1) 
Goods and services procured and awarded on the basis of best value are those that the Village Board determines optimize quality, cost and efficiency among responsive and responsible bidders, as may be more particularly set forth in the Procurement Policy[1] adopted by the Village and as amended, hereafter and from time to time, by the Village Board.
[1]
Editor's Note: See Art. I, Procurement Procedures.
(2) 
Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers.
(3) 
The criteria may include, but shall not be limited to, any or all of the following:
(a) 
Past performance.
(b) 
Availability/lead times.
(c) 
Qualifications.
(d) 
Schedule.
(e) 
Quality.
(f) 
Performance-based criteria.
(g) 
Cost of maintenance.
(h) 
Proximity.
(i) 
Product life.
(j) 
Warranties.
(k) 
Efficiencies created through fleet, plant, or product uniformity.
D. 
Documentation. Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
E. 
Piggybacking of purchases. Notwithstanding the provisions of this article, the Village of Bath may, for purposes of public purchases, utilize the provisions of the General Municipal Law § 103 with regard to so called "piggybacking" of purchases. The Village of Bath may piggyback whenever allowed by law, including, but not limited, to the following situations and criteria:
(1) 
Pursuant to General Municipal Law § 103, the Village of Bath may purchase through the bids solicited and bid lists generated by the United States Government and New York State (and its political subdivisions and school districts) whenever such bids or bid lists are generated in a manner as complies with said § 103.
(2) 
If not a bid or list generated by a New York State governmental body or agency, then whenever such contract or bid lists were let in a manner consistent with or materially equivalent to the requirements of the State of New York as reflected in the policy and language of said § 103.
(3) 
The Village may also piggyback upon any contract or foreign bid or bid list specifically approved for piggybacking through the New York State Office of General Services, as well as foreign bids and bid lists (mainly of sister states) that meet the above criteria for piggybacking as set forth in § 19-11E(1) or § 19-11E(2) of this article, immediately above.
F. 
Procurement policy superseded where inconsistent. Any inconsistent provision of the Village's Procurement Policy,[2] as adopted prior to the effective date of this article by resolution of the Village Board of Trustees, or as amended thereafter, shall be deemed superseded by the provisions of this article.
[2]
Editor's Note: See Art. I, Procurement Procedures.
If any clause, sentence, subparagraph, subsection or section of this article shall be held invalid by any court of competent jurisdiction, or the application of this article to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subparagraph, subsection, section or operation of this article directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this article are hereby declared to be severable.
This article shall take effect upon adoption by the Board of Trustees and the file date of NYS Secretary of State in accordance with applicable provisions of law, and specifically Article 3, § 27 of Municipal Home Rule Law.