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.
