[Amended 12-4-2018 by L.L. No. 1-2019; 5-7-2024 by L.L. No. 6-2024]
A. 
Conditions for use. All contracts of the County of Putnam shall be awarded by competitive sealed bidding except as otherwise provided in §§ 140-3.3 (Competitive sealed proposals), 140-3.5 (Contracting for legal services), 140-3.7 (Small purchases), 140-3.8 (Sole source procurement), 140-3.9 (Emergency procurements).
B. 
Invitation for bids. An invitation for bids shall be issued and shall include specifications, and all contractual terms and conditions applicable to the procurement.
C. 
Public notice. Adequate public notice of the invitation for bids shall be given, not less than 14 calendar days prior to the date set forth therein for the opening of bids, unless it is determined by the Commissioner of General Services, in writing, that a public notice of less than 14 days is adequate. In no instance shall the public notice be less than five business days. Such notice shall include publication in the newspaper(s) of general circulation as designated by the County Legislature. The public notice shall state the place, date, and time of the bid opening.
D. 
Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as the Commissioner of General Services deems appropriate, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection in accordance with § 140-1.7 (Public access to procurement information).
E. 
Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria that are not set forth in the invitation for bids may be used in bid evaluations.
F. 
Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, correction of bids shall not be permitted. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the County or fair competition shall be permitted. In lieu of bid correction, a bidder alleging a material mistake of fact may be permitted to withdraw his bid if:
(1) 
The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
(2) 
The bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by written determination made by the Commissioner of General Services.
G. 
Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
H. 
Receipt of bids.
(1) 
Bids are to be packaged, sealed and submitted to the location stated in the bid specifications. Bidders are solely responsible for timely delivery of their bids to the location set forth in the bid specification prior to the stated bid opening date/time; or
(2) 
If authorized by the bid specification, bids may be submitted in an electronic format. Submission in an electronic format may not, however, be required as the sole method for the submission of bids.
(a) 
The receiving device designated by the County of Putnam will be the Empire State Purchasing Group's e-Procurement software from Bidnet or the Bonfire e-Procurement software and will be identified in the bid specification. Both receiving devices will:
[1] 
Document the time and date of each bid received electronically;
[2] 
Authenticate the identity of the sender;
[3] 
Ensure the security of the information transmitted; and
[4] 
Ensure confidentiality of the bid until the time and date established for opening of the bids.
(b) 
The timely submission of an electronic bid in compliance with instructions provided for such submission in the advertisement for bids and/or specifications shall be the sole responsibility of each bidder or prospective bidder. The County shall not incur any liability from delays of or interruptions in the receiving device designated for the submission and receipt of electronic bids.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Purchase contracts (including contracts for service work, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law) may be awarded on the basis of best value, as defined in § 163 of the State Finance Law and as authorized in § 103 of the General Municipal Law, to a responsive and responsible offeror.
B. 
Where the basis for award is the best value offer, the Commissioner of General Services shall document, in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible, shall be quantifiable, the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted.
C. 
The Commissioner of General Services shall select a formal competitive procurement process and document its determination in the procurement record. The process shall include, but is not limited to, a clear statement of need; a description of the required specifications governing performance and related factors; a reasonable process for ensuring a competitive field; a fair and equal opportunity for offerors to submit responsive offers; and a balanced and fair method of award. Where the basis for the award is best value, documentation in the procurement record shall, where practicable, include a quantification of the application of the criteria to the rating of proposals and the evaluation results or, where not practicable, such other justification which demonstrates that best value will be achieved.
D. 
The solicitation shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted. The solicitation shall identify the relative importance and/or weight of cost and the overall evaluation criterion to be considered by the County in its determination of best value.
E. 
In assessing best value when awarding the purchase contract, non-price factors can be considered. Non-price factors can include, but are not limited to, reliability of a product, efficiency of operation, difficulty/ease of maintenance, useful lifespan, ability to meet needs regarding timeliness of performance and experience of a service provider with similar contracts. The basis for a best value award, however, must reflect, whenever 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.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Conditions for use. When the Commissioner of General Services determines, in writing, that the use of competitive sealed bidding is either not practicable or not advantageous to the County, a contract may be entered into by the use of the competitive sealed proposal method.
B. 
Request for proposals. Proposals shall be solicited through a request for proposals.
C. 
Public notice. Adequate public notice of the request for proposal shall be given in the same manner as provided in § 140-3.1C (Competitive sealed bidding, public notice), provided the minimum time shall be 14 calendar days.
D. 
Receipt of proposals. No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.
E. 
Evaluation factors. The request for proposals shall state the importance of price and other evaluation factors.
F. 
Discussion with responsible offerors and revisions to proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offerors. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors.
G. 
Award. Award shall be made to the responsible offeror whose proposal is determined, in writing, to offer the best value to the County, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award was made.
A. 
Authority. For the purpose of procuring certain professional services where the payment rates are established by the federal or state government, or when the County contracts with all qualified providers, any using agency may procure them without the requirement of issuing a request for proposal as per § 140-3.2 in accordance with the selection procedures specified in this section.
B. 
Selection procedure.
(1) 
Conditions for use. This section shall only apply to professional service contracts where the rates to be paid by the County are set by the federal or state government, and where all qualified firms are considered for contracts.
(2) 
Statement of qualifications. Persons or firms engaged in providing the designated types of professional services may submit statements of qualifications or expressions of interest in providing such services to the appropriate department head or commissioner. An agency using such professional services may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.
No contract for the services of legal counsel may be awarded without the approval of the County Executive and the County Attorney, other than the County Legislature which may approve its own such procurements, which shall be approved by the Chairperson of the Legislature and the County Attorney.
A. 
Authority. For the purpose of procuring certain professional services where the contractor has been identified in an approved grant application as the contractor to perform services covered by the grant, any using agency may procure them without the requirement of issuing a request for proposal as per § 140-3.2, in accordance with the selection procedures specified in this section.
B. 
Selection procedure.
(1) 
Conditions for use. This section shall only apply to professional service contracts where the contractor has been identified in an approved grant application as the contractor to perform services covered by the grant.
(2) 
Statement of qualifications. Prior to submitting a grant application, the County department shall obtain a minimum of three statements of qualifications and cost estimates for the services to be performed. Additional cost quotations shall be obtained if required under the terms and conditions of the grant.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
The following purchases are not subject to competitive bidding:
(1) 
Purchases of $20,000 or less for commodities, equipment, materials, supplies and services.
(2) 
Purchases of $35,000 or less for public works projects.
(3) 
Purchases through preferred sources pursuant to § 162 of the state Finance Law.
(4) 
Purchases in excess of $500, of materials, equipment and supplies (except printed material) through the New York State Office of General Services (OGS), subject to rules established by OGS (see State Finance Law § 163).
(5) 
Purchases through other New York State counties contracts, pursuant to General Municipal Law § 103, Subdivision 3.
(6) 
Purchases of surplus and secondhand supplies, materials or equipment from the federal government, the State of New York or from any other political subdivision, district or public benefit corporation with the state, pursuant to General Municipal Law § 103, Subdivision 6.
(7) 
Purchases through contracts let by the United States of America or any agency thereof, any state or any other political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value.
B. 
Section 104-b of the New York State General Municipal Law requires that procedures for purchasing goods and services that fall below the monetary bid limits be established and approved by the governing board. The following shall constitute Putnam County policy:
(1) 
Cumulative purchases.
(a) 
Purchases shall be evaluated with attention given to cumulative dollar amounts expected in a given fiscal year. The Commissioner of General Services shall canvas using agencies to determine yearly value of a commodity or service. Past history can be taken into consideration when evaluating yearly costs associated with the purchase of a commodity or service. If the bid limit is suspected to be exceeded, competitive bidding shall be used. This decision shall rest with the Commissioner of General Services.
(b) 
If there are several comparable separate public works projects for the same or various locations, in a foreseeable time frame, whose expected cumulative total is more than $10,000, written quotes must be obtained from a minimum of three suppliers.
(2) 
Methods of procurement not covered by competitive bidding.
(a) 
Purchases for commodities, equipment, supplies, materials and services in the amount of $3,000 or less shall be awarded at the discretion of the Commissioner of General Services; purchases of more than $3,000 up to and including $20,000 shall require a minimum of three electronic or written quotes. All purchases of more than $20,000 shall be competitively bid.
(b) 
Purchases that are defined as public works projects in the amount of $10,000 or less shall be awarded at the discretion of the Commissioner of General Services; purchases of more than $10,000 up to and including $35,000 shall require a minimum of three written or electronic quotes. All purchases of more than $35,000 shall be competitively bid.
(c) 
Purchases and contracts defined as professional services in the amount of $50,000 or less shall be awarded at the discretion of the County Executive, Commissioner of General Services and the Commissioner or Director of the using agency. Purchases and contracts of more than $50,000 shall require the issuing of a formal request for proposal and the approval of the County Executive.
(3) 
Award. All awards from telephone, facsimile, e-mail or written quotes shall be made to the supplier offering the best value to the County. In determining the best value for the County, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the Commissioner of General Services may consider other relevant factors, including:
(a) 
Installation costs;
(b) 
Life cycle costs;
(c) 
The quality and reliability of the goods and services;
(d) 
The delivery terms;
(e) 
Indicators of probable supplier performance under the contract such as past supplier performance, the supplier's financial resources and ability to perform, the supplier's experience or demonstrated capability and responsibility, and the supplier's ability to provide reliable maintenance agreements and support;
(f) 
The cost of any employee training associated with a purchase;
(g) 
The effect of a purchase on agency productivity; and
(h) 
Other factors relevant to determining the best value for the County in the context of a particular purchase, including the status of the vendor as a Putnam County based small business.
(4) 
Documentation. All quotes (written or telephone) shall be documented in the procurement record and shall be filed in the respective year's quote files or attached to the Department of General Services' copy of the purchase order. All purchases resulting from a written, electronic or telephone quote shall have the quote number referenced on the electronic purchase order or voucher, thus creating an audit trail.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
A contract may be awarded without competition when the Commissioner of General Services determines in writing, after conducting a good faith review of available resources that there is only one source for the required commodity, supply, service or construction item. The Commissioner of General Services shall conduct negotiations, as appropriate, as to price, delivery and terms. A record of sole source procurements shall be maintained as a public record and shall list each supplier's name, the amount and type of each contract, a listing of the item(s) procured under each contract, and the identification number of each contract file.
B. 
In determining whether procurement qualifies as a sole source, the Department of General Services and the agency requesting the procurement shall show, at a minimum:
(1) 
The unique benefits to the County of the item as compared to other products available in the marketplace;
(2) 
That no other product provides substantially equivalent or similar benefits;
(3) 
That, considering the benefits received, the cost of the item is reasonable in comparison to other products in the marketplace;
(4) 
That there is no possibility of competition, as from competing dealers or distributors.
[Amended 5-7-2024 by L.L. No. 6-2024]
Notwithstanding any other provisions of this policy, the Commissioner of General Services, with the approval of the County Executive and the Chairman of the Legislature, may make or authorize others to make emergency procurements of commodities, supplies, services, or construction items when there exists a threat to public health, welfare, or safety, or County property, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular supplier shall be included in the contract file. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the supplier's name, the amount and type of contract, a listing of the item(s) procured under the contract, and the identification number of the contract file.
A. 
All departments, except for Department of Public Works: During periods of emergency, such as 1) natural catastrophes such as landslides, snowfalls, flooding or other acts of nature which prevent normal operations, 2) damage to buildings, roads, or other structures requiring immediate repair to prevent further deterioration or losses, and 3) breakdown of essential mechanical systems and machinery, such as boilers, electrical circuits, water mains or pipes, the normal purchasing procedures are not practical. Therefore, special emergency procedures are established to aid the departments in their operations. In those cases of emergency requiring immediate actions, the department head responsible for that operation will assume charge for the operation. The following procedure will then be used:
(1) 
If possible, immediately notify the Commissioner of General Services of the nature of the emergency and your plans to cope with the situation.
(2) 
Contact the vendor immediately and arrange the purchase.
(3) 
Notify the Department of General Services, as soon as practical, that the emergency purchases are necessary and being arranged.
(4) 
Within five days after the emergency purchase is made, the department head will prepare and forward to the Department of General Services a receiving report, indicating descriptions of the purchase and other information.
B. 
Department of Public Works: For field employees: If an emergency purchase is required, such as natural catastrophes (e.g., landslides, snowfalls, flooding or other acts of nature which prevent normal operations), damage to buildings, roads, or other structures requiring immediate repair to prevent further deterioration or losses. Breakdown of essential mechanical systems and machinery, such as boilers, electrical circuits, water mains or pipes:
(1) 
Normal purchasing procedures are not practical. Therefore, the following should be followed:
(a) 
Contact vendor.
(b) 
Notification to your supervisor and/or commissioner.
(c) 
Make purchase.
(2) 
For Public Works Administration Office only:
(a) 
Public Works Administration only will provide documentation as to the item/service purchased, vendor, date and justification as to why this procedure was utilized to the Department of General Services via letter or e-mail.
(b) 
The Department of General Services will then document verification of purchase to audit.
An invitation for bids, a request for proposal, or other solicitation may be cancelled, or any or all proposals may be rejected, in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the County. The reasons therefor shall be made part of the contract file. Each solicitation issued by the County shall state that the solicitation may be cancelled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interests of the County. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurement of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Determination of nonresponsibility. If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the finding, shall be prepared by the Commissioner of General Services. The unreasonable failure of a bidder or offeror promptly to supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. The final determination shall be made part of the contract file and be made a public record.
B. 
Right of nondisclosure. To the extent possible under the New York State Freedom of Information Law (FOIL),[1] information furnished by a bidder or offeror pursuant to this section shall not be disclosed by the County outside of the office of the Commissioner of General Services, or using agency, without prior written consent of the bidder or offeror.
[1]
Editor's Note: See Public Officers Law § 85 et seq.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Required submissions relating to the award of contracts. A prospective contractor shall submit cost or pricing data when the contract is expected to exceed $100,000 and is to be awarded by competitive sealed proposals (§ 140-3.3, Competitive sealed proposals), or by sole source procurement authority (§ 140-3.8, Sole source procurement).
B. 
Exceptions. The submission of cost or pricing data relating to the award of a contract is not required when:
(1) 
The contract price is based on adequate price competition;
(2) 
The contract price is based on established catalog prices or market prices;
(3) 
The contract price is set by law or regulation; or
(4) 
It is determined, in writing, by the Commissioner of General Services that the requirements of § 140-3.12A (Cost or pricing data, Required submissions relating to the award of contracts) may be waived, and the determination states the reasons for such a waiver.
C. 
Required submissions relating to change orders or contract modifications. A contractor shall submit cost or pricing data prior to the pricing of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial pricing of the contract, when the change or modification involves aggregate increases or aggregate decreases in costs plus applicable profits that are expected to exceed 10% of the original contract amount.
D. 
Exceptions. The submission of cost or pricing data relating to the pricing of a change order or contract modification is not required when unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience.
E. 
Certification required. A contractor, actual or prospective, required to submit cost or pricing data in accordance with this section, shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually specified date prior to the award of the contract or the pricing of the change order or contract modification.
F. 
Price adjustment provision required. Any contract award, change order, or contract modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the County of Putnam, including profit or fee, shall be adjusted to exclude any significant sums by which the County of Putnam finds that such price was increased because the contractor-furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between the County of Putnam and the contractor.
A cost analysis or a price analysis, as appropriate, shall be conducted prior to award of the contract other than one awarded under § 140-3.1 (Competitive sealed bidding). A written record of such cost analysis or price analysis shall be made a part of the contract file.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Bid and performance bonds or other security may be requested for supply contracts or service contracts as the Commissioner of General Services or head of a using agency deems advisable to protect the County of Putnam's interests. Any such bonding requirements shall be set forth in the solicitation. Bid or performance bonds shall not be used as a substitute for a determination of a bidder's or offeror's responsibility.
B. 
The County reserves its right to approve the form, sufficiency, or manner of execution of surety bonds and contracts of insurance furnished by the surety company selected by the bidder to underwrite such bonds or contracts. In addition, all surety companies shall be licensed by the State of New York and have a Best's rating on bonds and contracts of insurance of an A- or better.
C. 
In addition, the County reserves the right to approve or reject the contractor's proposed surety company. The County shall notify potential bidders, as part of the bid solicitation, of any surety company that has been deemed unacceptable to the County.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
General authority. Subject to the limitations of this section, any type of contract which is appropriate to the procurement and which will promote the best interests of the County of Putnam may be used. A cost reimbursement contract may be used only when a determination is made, in writing, that such contract is likely to be less costly to the County of Putnam than any other type or that it is impracticable to obtain the supply, service, or construction item required under such a contract.
B. 
Multiterm contracts.
(1) 
Specified period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the County of Putnam, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriations of funds thereafter.
(2) 
Determination prior to use. Prior to the utilization of a multiterm contract, it shall be determined in writing that:
(a) 
Estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(b) 
Such a contract will serve the best interests of the County of Putnam by encouraging effective competition or otherwise promoting economies in County of Putnam procurements.
(3) 
Cancellation due to unavailability of funds in succeeding fiscal periods. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled.
C. 
Multiple source contracting.
(1) 
General. A multiple source award is an award of an indefinite quantity contract for one or more similar supplies or services to more than one bidder or offeror. The obligation to order the County of Putnam's actual requirements is limited by the provision of Uniform Commercial Code § 2-306, Subdivision (1).
(2) 
Limitations on use. A multiple source award may be made when award to two or more bidders or offerors for similar products is necessary for adequate delivery, service, or product compatibility. Any multiple source award shall be made in accordance with the provisions of § 140-3.1 (Competitive sealed bidding), § 140- 3.2 (Competitive sealed proposals), § 140-3.7 (small purchases), and § 140-3.9 (Emergency procurements), as applicable. Multiple source awards shall not be made when a single award will meet the County of Putnam's needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie bids. Any such awards shall be limited to the least number of suppliers necessary to meet the actual requirements.
(3) 
Contract and solicitation provisions. All eligible users of the contract shall be named in the solicitation, and it shall be mandatory that the actual requirements of such users that can be met under the contract be obtained in accordance with the contract, provided that:
(a) 
The County of Putnam shall reserve the right to take bids separately if a particular quantity requirement arises which exceeds its normal requirement or an amount specified in the contract; and
(b) 
The County of Putnam shall reserve the right to take bids separately if the Commissioner of General Services approves a finding that the supply or service available under the contract will not meet a nonrecurring special need of the County of Putnam.
(4) 
Intent to use. If a multiple source award is anticipated prior to issuing a solicitation, the County of Putnam shall reserve the right to make such an award, and the criteria for award shall be stated in the solicitation.
(5) 
Determination required. The Commissioner of General Services shall make a written determination setting forth the reasons for a multiple source award, which shall be made a part of the procurement file.
D. 
Multiple source contracting: purchase of office furnishings by percentage discount awards.
(1) 
General. A multiple source award for office furnishings is an award of an indefinite quantity contract on one or more office furnishings manufacturer's product lines to more than one bidder or offeror. The obligation to order the County of Putnam's actual requirements is limited by the provisions of Uniform Commercial Code § 2-306, Subdivision (1).
(2) 
Limitations of use. A multiple source award may be made when award to two or more bidders or offerors for similar product lines is necessary for adequate delivery, service or product compatibility. All multiple source awards shall be made in accordance with the provisions of § 140-3.1 (Competitive sealed bidding), § 140-3.2 (Competitive sealed proposals), § 140-3.7 (small purchases), and § 140- 3.9 (Emergency procurements), as applicable. Multiple source awards shall not be made when a single award will meet the County of Putnam's needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie bids. Any such awards shall be limited to the least number of suppliers necessary to meet actual requirements.
(3) 
Contract and solicitation provisions. Specifications shall be drafted to include and utilize a mini-bid system to ensure that the County receives the best value for dollars expended.
(4) 
Mini-bid procurement process. The Department of General Services shall issue bids for discounts off of manufacturers' product lines and suggested retail price list. Award will be made by product line to the bidder offering the highest discount. Departments may request a specific brand and item based on the bid awards made. The Department of General Services shall review the requested requisition and obtain a minimum of three additional quotations from a minimum of three additional contract vendors for an "equivalent" item from other manufacturers. The Department of General Services shall review all of the mini-bid quotations and select the vendor/manufacturer that meets the form, function, utility and quality of the requesting agency, and also offers the lowest price.
(5) 
Waiver of mini bid procurement process. The Commissioner of General Services may waive the requirement of the mini-bid process for those procurements that are additions to and alterations of existing systems furniture groups. The reasons for such waiver shall be documented, in writing, and made part of the procurement record.
E. 
Design service contracts for office furnishings.
(1) 
General. The Commissioner of General Services or his/her designee may enter into separate contracts for design services or space planning services as deemed necessary for a particular project.
(2) 
Limitations on use. A design services or space planning services contract may be entered into in accordance with the provisions of § 140-3.2 (Competitive sealed proposals), § 140-3.7 (small purchases), and § 140-3.9 (Emergency procurements), as applicable.
(3) 
Contract and solicitation provisions. All solicitations and contracts for design services and space planning services shall include the following requirements:
(a) 
All specifications prepared under this contract shall be drafted so as to promote overall economy for the purpose intended and encourage competition in satisfying the County's needs and shall not be unduly restrictive. Design service contractors are prohibited from recommending or specifying any manufacturer's products or brand names in their plans and specifications if the design services contractor currently holds a bid award for that product line/manufacturer with the County of Putnam.
(b) 
When brand names are used in the plans and specifications developed by the contractor, the contractor shall identify a minimum of three brand names that will satisfy the requirements of the plans and specifications.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Contract clauses. All County of Putnam contracts for supplies, services, materials and equipment, as well as public works projects, shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The Commissioner of General Services, after consultation with the County Attorney, may issue clauses appropriate for supply, service, or public works contracts, addressing among others, the following subjects:
(1) 
The unilateral right of the County of Putnam to order, in writing, the changes in the work within the scope of the contract;
(2) 
The unilateral right of the County of Putnam to order, in writing, temporary stopping of the work or delaying performance that does not alter the scope of the contract;
(3) 
Variations occurring between estimated quantities of work in contract and actual quantities;
(4) 
Defective pricing;
(5) 
Liquidated damages;
(6) 
Specified excuses for delay or nonperformance;
(7) 
Termination of the contract for default;
(8) 
Termination of the contract, in whole or in part, for the convenience of the County of Putnam;
(9) 
Suspensions of work on a construction project or by the County of Putnam; and
(10) 
Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not be included in a contract:
(a) 
When the contract is negotiated;
(b) 
When the contractor provides the site or design; or
(c) 
When the parties have otherwise agreed with respect to the risk of differing site conditions.
B. 
Price adjustments.
(1) 
Adjustments in price resulting from the use of contract clauses required by Subsection A of this section shall be computed in one or more of the following ways:
(a) 
By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;
(b) 
By unit prices specified in the contract or subsequently agreed upon;
(c) 
By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(d) 
In such other manner as the contracting parties may mutually agree.
(2) 
A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of § 140-3.12 (Cost or pricing data).
C. 
Standard clauses and their modification. The Commissioner of General Services, after consultation with the County of Putnam County Attorney, may establish standard contract clauses for use in County of Putnam contracts. If the Commissioner of General Services establishes any standard clauses addressing the subjects set forth in Subsection A of this section, such clauses may be varied, provided that any variations are supported by a written determination that states the circumstances justifying such variations, and provided that notice of any such material variation be stated in the invitation for bids or requests for proposals.
[Amended 5-7-2024 by L.L. No. 6-2024]
Except with respect to firm fixed-price contracts, no contract shall be awarded unless it has been determined in writing by the Commissioner of General Services that:
A. 
The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and
B. 
The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted cost accounting principles.
The County of Putnam may, at reasonable times, inspect the part of the plant, place of business, or worksite of a contractor or subcontractor at any tier which is pertinent to the performance of any contract awarded or to be awarded by the County of Putnam.
A. 
Audit of cost or pricing data. The County of Putnam may at reasonable times and places, audit the books and records of any contractor who has submitted cost or pricing data pursuant to § 140-3.12 (Cost or pricing data) to the extent that such books, documents, papers, and records are pertinent to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data is required shall maintain such books, documents, papers, and records that are pertinent to such cost or pricing data for three years from the date of final payment under the contract.
B. 
Contract audit. The County of Putnam shall be entitled to audit the books and records of a contractor or subcontractor at any tier under any negotiated contract or subcontract other than a form fixed-price contract to the extent that such books, documents, papers, and records are pertinent to the performance of such a contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the contract and by the subcontractor for a period of three years from the date of final payment under the subcontract.
When for any reason collusion or other anti-competitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the State Attorney General, County Attorney and District Attorney.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Contract file. All determinations and other written records pertaining to the solicitation, award, or performance of a contract shall be maintained by the County of Putnam in a contract file by the Commissioner of General Services.
B. 
Retention of procurement records. All procurement records shall be retained and disposed of by the County of Putnam in accordance with record retention guidelines and schedules approved by the State of New York.