Dutchess County , NY
 
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Ch. 81, Procurement.
The County Executive, or his/her designee as provided in Section 3.01 of the Code, shall make all purchases of and contracts for supplies, materials, equipment and services for the County or any unit thereof or the County Legislature, for the payment of which the County shall be liable.
(a) 
When purchases do not exceed fixed sum. The County Legislature shall fix a sum not to exceed $1,000 as the limit below which any purchase or contract can be made without advertisement for bids as provided in Section 28.03 of the Code.
(b) 
Where perishables are purchased. Public advertisement shall not be required of perishable food-stuffs or for drugs and medical supplies unless so required by resolution of the County Legislature.
(c) 
Where emergency declared. Supplies, materials, equipment or services to be rendered by contract may be purchased without advertisement as required by Section 28.03 of the Code when the County Executive has declared a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting the life, health or safety of inhabitants of the County of Dutchess require immediate action which cannot await competitive bidding.
(d) 
Damage to public facilities. Advertisement for bids may be waived when through some accident or other unforeseen circumstances the heating, air-conditioning, ventilating, lighting, plumbing, machinery, equipment or other apparatus of any of the public buildings of the County of Dutchess shall become disabled or when any of such buildings or parts thereof shall be rendered untenantable by reason of the sudden action of the elements or for some cause due to explosion or from generally unforeseeable events creating an emergency and the administrative head in charge of such building shall certify in writing to the County Executive such emergency and the necessity of immediate repair of the defect or defects, and such certificate of necessity is approved by the County Executive.
(e) 
Replacement parts for machinery. Advertisement for bids may be waived when the machinery, equipment or other apparatus of the Department of Public Works becomes disabled or worn and requires immediate repair or replacement, making necessary the immediate purchase of parts for repairs to the same, and the Commissioner of Public Works shall certify in writing to the County Executive the necessity of such immediate repair, replacement or replacements, and such certificate of necessity is approved by the County Executive.
(a) 
Advertisement for bids; when required. Except where otherwise provided by the Charter, Code or applicable law, all purchases of and contracts for supplies, materials, equipment and services for the County shall be made by publishing an advertisement in the official newspapers published in the County of Dutchess, which advertisement shall invite sealed bids for the same.
(b) 
Information in advertisement. Such advertisement shall contain a statement of the time when and the place where all bids received pursuant to Subsection (a) of this section will be publicly opened and read. At least five days shall elapse between the first publication of such advertisement and the date specified therein for the opening and reading of bids.
(c) 
Opening of bids; award; rejection. The County Executive, or his/her designee, shall open such bids at the time and place specified, and shall make a record of such bids in such form as the County Executive shall prescribe. The contract shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided by this section. In cases where two or more responsible bidders furnishing the required security submit identical bids as to price, the contract may be awarded to any of such bidders. The County Executive or his/her designee, after due consideration of such bids, may in his/her discretion reject said bids and readvertise for new bids in the manner provided by this section.
(d) 
Where bidder in default. No bid for materials, supplies, equipment or services may be accepted from or contract therefor awarded to any person who is in arrears to the County, upon debt or contract, or who has defaulted as surety or otherwise upon a contract or obligation to the County.
The County Legislature may resolve by a vote of at least 2/3 of all the members thereof that there is a need, for reasons of efficiency and economy, to standardize purchase specifications for particular types or kinds of equipment, material, services or supplies. Such contracts, in excess of the amount fixed pursuant to Section 28.02(a) of the Code, may be awarded in the manner provided by Section 28.03 of the Code. Such resolution shall contain a full explanation of the reason for its adoption.
All required supplies which can be furnished by the State Department of Correction, and all required blind-made products which can be furnished by any appropriate charitable agency for the blind, incorporated under the laws of the State of New York, shall, after such purchases have been authorized, be purchased from them without competitive bidding at prices established pursuant to law.
Surplus and secondhand supplies, materials or equipment may be purchased without competitive bidding from the Federal Government, the State of New York, or any other political subdivision or district.
All purchases pursuant to this article shall be initiated by a requisition in writing to the County Executive or his/her designee signed by an authorized person. No supplies, materials or equipment shall be delivered unless authorized by the County Executive or his/her designee as an official County purchase.
The Comptroller shall not audit any bill for supplies, materials, equipment or services unless it shall fully appear that such items or services were ordered by the County Executive or his/her designee and the County Executive or his/her designee has certified the prices at which the purchases were made. All requisitions received shall be filed in the office of the County Executive or his/her designee and shall be open to public inspection under reasonable regulations for their safety and preservation. No purchases shall be made until the Comptroller has certified that there are unencumbered balances available for the purpose.