[HISTORY: Adopted by the Board of Trustees of the Village
of Naples as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-18-2012[1]]
[1]
Editor’s Note: This resolution superseded former Article
I, Procurement Policy, adopted 1-18-2012.
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 and public works contracts
under the bid thresholds established by § 103 of the General
Municipal Law, as amended from time to time; 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 and 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 and public works contracts in excess of the bid thresholds established by § 103 of the General Municipal Law, as amended from time to time; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; 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(3) of the General Municipal Law; or purchases pursuant to § 249-7 of this policy.
A.
A good
faith effort must be made to facilitate the fullest possible utilization
of certified minority and women-owned business enterprises. The New
York State directory of MWBEs should be consulted to determine certified
MWBE suppliers to contact.
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
|
Method
| |
|---|---|---|
|
Up to $999.99
|
No bid process necessary; needs department head approval
| |
|
$1,000 to $2,999.99
|
2 written/fax quotes
| |
|
$3,000 to *
|
3 written/fax quotations or written request for proposals
|
|
NOTES:
| |
|---|---|
|
*To the minimum bid threshold as established by § 103
of the General Municipal Law, as amended from time to time.
|
|
Estimated Amount of Public Works Contract
|
Method
| |
|---|---|---|
|
Up to $999.99
|
No bid process necessary; needs department head approval
| |
|
$1,000 to $4,999.99
|
2 written/fax quotations
| |
|
$5,000 to *
|
3 written/faxed quotations or written request for proposals
|
|
NOTES:
| |
|---|---|
|
*To the minimum bid threshold as established by § 103
of the General Municipal Law, as amended from time to time.
|
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.
C.
The Village
Board of Trustees, prior to committing to the purchase, must approve
all purchases in an amount in excess of $999.99. Inclusion in the
annual budget does not constitute automatic approval by the Board.
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 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(2)(f), the
procurement policy may contain circumstances when, or types of procurement
for which, in the sole discretion of the governing body, the solicitation
of alternative proposals or quotations will not be in the best interests
of the Village of Naples 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. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgement, 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 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; 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
art work; management of municipality-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(4) of the General
Municipal Law. Due to the nature of this exception, these goods or
services must be purchased immediately and delay in order to seek
alternate proposals may threaten the life, health, safety and 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 is precluded from purchasing surplus
and secondhand goods at auctions 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 $999.99. 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 July 18, 2012, and will be
reviewed annually.
[Adopted 10-17-2012 by L.L. No. 4-2012]
The Board of Trustees of the Village of Naples hereby enacts
this article pursuant to § 103 of the General Municipal
Law of the State of New York and of all other applicable laws.
A.
The Board of Trustees of the Village of Naples hereby authorizes
the use of the best value standard as part of the Village procurement
policies.
B.
The term "best value" is defined in § 163 of the Finance
Law of the State of New York, and that definition is hereby incorporated
into this article. When awarding contracts under the best value standard,
the Village must consider the overall combination of quality, price,
and other elements of the required commodity or service that in total
are optimal relative to the needs of the Village. Use of the best
value standard must rely, whenever possible, on objective and quantifiable
analysis. The best value standard may identify as a quantitative factor
whether offerors are small businesses or certified minority or woman-owned
business enterprises as defined in New York Executive Law § 310.
The best value standard may only be used for purchase contracts which
includes contracts for service work, but excludes any purchase contracts
necessary for the completion of a public works contract pursuant to
Article 8 of the New York State Labor Law.
The Village of Naples shall update its procurement policy in
accordance with the provisions of this article.
