[HISTORY: Adopted by the Board of Trustees of the Village
of Bayville 12-10-2012. Amendments noted where applicable.]
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:
(1)
Purchase contracts under $20,000 and public works contracts under
$35,000;
(2)
Emergency purchases;
(3)
Goods purchased from agencies for the blind or severely handicapped;
(4)
Goods purchased from correctional institutions;
(5)
Purchases under state and county contracts; and
(6)
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 individual 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:
A.
Purchase contracts over $19,999 and public works contracts over $34,999;
B.
Goods purchased from agencies for the blind or severely handicapped
pursuant to § 162 of the State Finance Law;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Goods purchased from correctional institutions pursuant to § 186
of the Correction Law;
D.
Purchases under state contracts pursuant to § 104 of the
General Municipal Law;
E.
Purchases under county contracts pursuant to Subdivision 3 of § 103
of the General Municipal Law; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following method of purchase will be used when required
by this chapter in order to achieve the highest savings:
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$1,000 to $2,999
|
2 verbal quotations
|
|
$3,000 to $19,999
|
3 written/fax/email quotations or written requests for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$1,000 to $2,999
|
2 verbal quotations
|
|
$3,000 to $9,999
|
2 written/fax/email quotations
|
|
$10,000 to $34,999
|
3 written/fax/email quotations or written requests for proposals
|
A good faith effort shall be made to obtain the required number
of proposals or quotations. If the individual 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.
A.
Documentation is required of each action taken in connection with
each procurement.
B.
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 individual and may not be
challenged under any circumstances.
A.
Pursuant to Subdivision 2g of General Municipal Law § 104-b,
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 interest of the municipality. In the following circumstances
it may not be in the best interests of the Village of Bayville to
solicit quotations or document the basis for not accepting the lowest
bid:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
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, 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 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 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 municipally
owned property; and computer software or programming services for
customized programs or services involved in substantial modification
and customizing of prepackaged software.
(2)
Emergency purchases pursuant to Subdivision 4 of § 103
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.
(3)
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 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.
(4)
Goods or services under $250. The time and documentation required
to purchase through this chapter 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.
B.
Professional and/or confidential positions to be filled by appointment
of the Mayor.
(1)
The following positions shall be and hereby are deemed professional
and/or confidential positions to be filled by appointment of the Mayor,
on an annual basis, without any bidding or other competitive process;
and that such positions are hereby designated and/or deemed to be
exceptions under the procurement policy of the Village of Bayville,
to wit: Auditor-Accountant; insurance broker and/or insurance consultant;
computer consultant; Village Engineer; Village Attorney; Deputy Village
Attorney; Village Prosecutor; Acting Village Justice and/or any Special
Counsel retained for any particular or special matters; Appraiser;
Inspectors for various trades and/or issuance of licenses, including
but not limited to Electrical and Plumbing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The foregoing professional and/or designations may be amended, from
time to time, to add to and/or delete any such positions as may be
deemed appropriate, upon the further resolution of the Board of Trustees.
This chapter shall go into effect December 10, 2012, and will
be reviewed annually.
