[HISTORY: Adopted by the Board of Trustees
of the Village of Morrisville 8-13-1992; amended in its entirety 1-7-2016 by Res. No. 16-01. Subsequent amendments
noted where applicable.]
The Village of Morrisville does hereby adopt the following amended
procurement policy which is intended to apply to the procurement of
goods and services by the Village of Morrisville as provided herein.
A.
Every
purchase to be made must be initially reviewed to determine whether
it is a purchase contract or a public works contract. In general,
if the contract involves a substantial amount of services that is
the focal point of the agreement, and the purchase of goods is incidental,
it will be considered a contract for public work. Conversely, if services
or labor is only minimal or incidental to the purchase of goods, it
is generally considered a purchase contract.
B.
Once
the determination is made between a purchase contract or a public
works contract, a good faith effort shall be made to determine whether
it is known or can reasonably be expected that the combined amount
to be spent on the item of supply or service is subject to competitive
bidding, taking into account past purchases and the combined amount
to be spent in a year. The following items are generally subject to
competitive bidding pursuant to § 103 of the General Municipal
Law:
C.
Under General Municipal Law § 103, the following items
are generally not subject to competitive bidding, regardless of amount,
but said § 103 shall be reviewed for a complete statement
of its terms and applicability in any given instance:
(1)
Emergency purchases.
(2)
Certain municipal hospital purchases.
(3)
Goods purchased from agencies for the blind or severely handicapped.
(4)
Goods purchased from correctional institutions.
(5)
Purchases under state or county contracts.
(6)
Surplus and secondhand purchases from another governmental entity.
(7)
Professional services.
D.
The individual or board authorizing the purchase shall document,
in writing, the decision and reason that a purchase is not subject
to competitive bidding under General Municipal Law § 103.
The documentation may include written quotes from vendors, notes of
oral quotes from vendors, a memo indicating how the decision was arrived
at, a copy of the contract indicating the source which makes the item
or service exempt, a memo from the purchaser detailing the circumstances
which led to an emergency purchase, a board resolution, or any other
written documentation that is appropriate.
The Board of Trustees may authorize certain individuals, by
resolution, to make purchases on behalf of the Village. No officer
or employee shall make purchases for the Village, or use the Village's
name to make purchases, unless so authorized. Persons making purchases
for the Village will sign their name legibly on each receipt and all
purchases must be in accordance with this procurement policy.
Every effort should be made to support private industries and
businesses of Madison County, when possible, and so long as such action
does not violate federal law, state law, local law or Village contracts,
policies or resolutions.
Except as provided in § 31-8 below, in order that goods are purchased at the lowest responsible price and that the Village receives the best value from its purchases, all goods and services not required to be procured by sealed competitive bids or exempt from competitive bidding as provided in § 31-2B above shall be secured by use of written requests for proposals, or written quotations, or oral quotations.
The following method of purchase documentation will be used
when required by this policy in order to achieve the highest savings
and/or best value to the Village:
A.
Purchases costing less than $1,000 do not require a quote.
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
$1,001 to $3,000
|
At least 2 oral quotations
| |
|
$3,001 to $19,999
|
At least 3 written quotations and prior Board approval
|
|
Estimated Amount of Public Work Contract
|
Method
| |
|
$1,001 to $3,000
|
At least 2 oral quotations
| |
|
$3,001 to $34,999
|
At least 3 written quotations and prior Board approval
|
B.
A good faith effort shall be made to obtain the required number of
proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser will document
the attempt made at obtaining the proposals. In no event shall the
failure to obtain the proposals be a bar to the procurement.
Documentation is required for each action taken in connection
with each procurement. The following are examples of acceptable documentation:
A.
Oral quotations. The telephone log or other record should record,
at a minimum: date, item or service desired, price quoted, name of
vendor, name of vendor's representative.
B.
Written quotations. Vendor should provide, at a minimum: date, description
of details of service to be provided, price quoted, and name of contact.
C.
Requests for proposals. Depending on the situation, the RFP may be
prepared in house or require the assistance of a consultant.
Documentation and an explanation are required whenever a contract
is awarded to other than the lowest responsible supplier/laborer.
This documentation shall include an explanation of how the award will
achieve savings or how the supplier/laborer was not accountable. A
determination that the supplier/laborer is not accountable shall be
made by the purchaser.
In the following circumstances, alternative proposals and/or
quotations shall not be required:
A.
Contracts for professional services or services requiring special
or technical skill, training or expertise. The individual or company
must be chosen based on accountability, reliability, skill, education
and training, judgment, integrity, and moral worth. These qualifications
are not necessarily found in the individual company that offers the
lowest price and the nature of these services is 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:
(1)
Whether the services are subject to state licensing or testing requirements.
(2)
Whether substantial formal education or training is a necessary prerequisite
to the performance of the services.
(3)
Whether the services require a personal relationship between the
individual and municipal officials.
B.
Professional or technical services shall include but not necessarily
be limited to the following: services of an attorney; services of
a physician; technical services of an engineer or architect engaged
to prepare plans, maps or 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 insubstantial modification and customizing of
prepackaged software.
C.
Emergency purchases pursuant to § 103(4) of the General
Municipal Law. Due to the nature of this exception, these goods or
services must be purchased immediately and 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.
D.
Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the Village of Morrisville is not prohibited
from purchasing surplus and secondhand goods at auctions or through
specific advertised sources where the best prices are usually obtained.
E.
Payments under contracts approved by the Board of Trustees, including
capital improvements and purchases.
F.
New York State tax payments.
G.
Periodic insurance contract and premium payments.
H.
Legal advertisements and notices.
I.
Recurring periodic service contracts payments totaling less than
$10,000 per fiscal year. (More than this amount requires Board approval.)
J.
Periodic telephone and telecommunications bills and expenses.
K.
Utility bills and expenses.
L.
Recurring periodic materials and supplies such as, but not limited
to, polymer, sodium hypochlorite, sodium bisulfite, chlorine, and
fluoride.
M.
Sole source. When there is only one possible source from which to
procure commodities and/or services, thus indicating there is no possibility
of competition, the following shall be documented in writing:
(1)
Unique benefits to the Village of commodity and/or service as compared
to other commodity and/or service available in the marketplace; and
(2)
No other commodity and/or service provides substantially equivalent
or similar benefits; and
(3)
Considering the benefits received, the cost of the commodity and/or
service is reasonable as compared to other commodities and/or service
in the marketplace; and
(4)
There is no competition available.
In accordance with the MU-1 Schedule Records Retention adopted
by the Village of Morrisville on January 10, 2008, the claims and
all other procurement documents will be retained for a period of six
years unless otherwise noted by New York State Archives, New York
Codes Rules and Regulations, or by federal regulations. A record of
all quotes shall be made and maintained in the purchase file. For
oral quotes there shall be a telephone log or written record which
shall record the date, commodity or service requested, price quoted,
name of vendor, name of vendor's representative making the quote
and the name of officer or employee receiving the quote. For written
or facsimile quotes vendors shall provide: date, description of commodity
or details of service to be provided, quote, name of vendor, name
of vendor's representative. Written quotes may be received by
mail, electronic mail or by facsimile.
The unintentional failure to fully comply with the provisions
of this chapter or the provisions of § 104-b of the General
Municipal Law shall not constitute grounds for any claim against the
Village of Morrisville or any officer or employee thereof.
