The purpose of this policy is to provide for the fair and equitable treatment of all persons involved in public purchasing by the County of Putnam, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.
This policy applies to contracts for the procurement of all supplies, services, materials and equipment, as well as public works projects entered into by the County of Putnam after the effective date of this policy. It shall apply to every expenditure of public funds by a public agency for public purchasing, irrespective of the source of the funds. When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with any mandatory applicable federal law and regulations. Nothing in this policy shall prevent any public agency from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law.
[Amended 5-7-2024 by L.L. No. 6-2024]
Unless otherwise ordered by regulation, the following commodities, supplies or services need not be procured through the Department of General Services in accordance with the County's Procurement Policy, and shall be procured by the appropriate agency, department or committee:
A.
Works of art for public display.
Notwithstanding any other provision of this policy, the County Executive or County Legislature may, through legislative resolution, initiate a procurement of professional services above the small purchase amount specified in § 140-3.7 where the County Executive or County Legislature determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the County Executive or County Legislature in the contract file, and a report shall be made publicly available at least annually describing all such determinations made subsequent to the prior report.
Pursuant to § 104-b of the General Municipal Law, the Putnam County Legislature shall, at its Organizational Meeting each year, identify the individual or individuals responsible for purchasing and their respective titles.
[Amended 5-7-2024 by L.L. No. 6-2024]
As used in this chapter, the following terms shall have the meanings indicated:
Those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of the State of New York.
The basis for awarding contracts for services to the offeror which optimizes quality, cost and efficiency among responsive and responsible offerors. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerors that are small businesses or certified minority- or women- owned business enterprises, as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law, to be used in evaluation of offers for awarding contracts for services.
A specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet County requirements, and which provides for the submission of equivalent products.
A specification limited to one or more items by manufacturers' names or catalog numbers.
Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.
A written order signed and issued by the Commissioner of General Services, directing the contractor to make changes in relation to a specific purchase order or County contract.
Any information which is available to an employee only because of the employee's status as an employee of the County and is not a matter of public knowledge or available to the public on request.
The process of building, altering, repairing, improving, or demolishing any public structure, building, road, highway, bridge or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
All types of County agreements, regardless of what they may be called, for the procurement of supplies, services or construction.
Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
Any person having a contract with the County or a using agency thereof.
The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
Factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.
A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this policy, and a fee for profit, if any.
Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
An individual drawing a salary of wages from the County, whether elected or not; any noncompensated individual performing personal services for the County or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the County; and any noncompensated individual serving as an elected official of the County.
Ownership of any interest or involvement in any relationship from which, or as a result of which, a person, within the past year, has received, or is presently or in the future entitled to receive, more than $100 per year, or its equivalent;
Ownership of 25% of any property or business; or
Holding a position in a business such as officer, director, trustee, partner, employee, or the like or holding any position of management.
A payment, loan, subscription, advance, deposit of money, service, or anything else with a nominal value of $25 or more.
A spouse, children, parents, brothers, and sisters.
All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
Any business, individual, union, committee, club, other organization, or group of individuals.
The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
Factual information concerning prices for items substantially similar to those being procured. "Pricing," in this definition, refers to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.
The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration.
A public entity subject to or created by the County.
All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
A person who has submitted a bid that conforms in all material respects to the requirements set forth in the invitation for bids.
A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.
Any description of the physical or functional characteristics or of the nature of a supply, service, equipment or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, equipment or construction item for delivery.
All property, including but not limited to equipment, materials, and printing, excluding land or a permanent interest in land.
Any department, commission, board, or public agency requiring supplies, services, equipment, or construction procured pursuant to this policy.
Procurement information shall be a public record to the extent provided in the New York State Freedom of Information Law (Public Officers Law, §§ 84 to 90), and shall be available to the public as provided in such statute.