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 Director of Purchasing, 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 Director of Purchasing 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 Director of Purchasing.
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.
[Added 12-4-2018 by L.L.
No. 1-2019]
(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:
(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.
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 Director of
Purchasing 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 Director of Purchasing 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.
A.
Conditions for use. When the Director of Purchasing 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.
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(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(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 Director of Purchasing
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 Director of Purchasing.
(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 Director of Purchasing; 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 Director
of Purchasing; 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, Director of Purchasing 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 Director of Purchasing
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 Purchasing Division's 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.
A.
A contract may be awarded without competition when the Director of
Purchasing 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 Director of Purchasing
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
Purchasing Division 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.
Notwithstanding any other provisions of this policy, the Director
of Purchasing, 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 Highways and Facilities:
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 Director of Purchasing 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 Purchasing, 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 Purchasing a receiving
report, indicating descriptions of the purchase and other information.
B.
Department of Highways and Facilities: 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:
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.
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 Director of Purchasing. 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 Director of Purchasing, or using agency, without prior
written consent of the bidder or offeror.
[1]
Editor's Note: See Public Officers Law § 85
et seq.
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:
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.
A.
Bid and performance bonds or other security may be requested for
supply contracts or service contracts as the Director of Purchasing
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.
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:
(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(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 Director of Purchasing 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 Director of Purchasing 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 Section 2-306(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 Purchasing Division 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 Purchasing
Division 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 Purchasing Division 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 Director of Purchasing
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 Director of Purchasing or his/her designee may
enter into separate contracts for design services or space planning
services as deemed necessary for a particular project.
(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.
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 Director of Purchasing, 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:
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.
C.
Standard clauses and their modification. The Director of Purchasing, after consultation with the County of Putnam County Attorney, may establish standard contract clauses for use in County of Putnam contracts. If the Director of Purchasing 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.
Except with respect to firm fixed-price contracts, no contract
shall be awarded unless it has been determined in writing by the Director
of Purchasing 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.
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 Director
of Purchasing.
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.
