[Amended 9-19-2023 by Ord. No. 2023-148]
Documentation and an explanation are required whenever a contract
is awarded to other than the lowest responsible offeror. This documentation
must include an explanation of how the award will achieve savings
or how the offeror was not responsible.
Pursuant to General Municipal Law § 104-b2f, the procurement
policy may anticipate circumstances when or types of procurements
for which, in the sole discretion of the governing body, the solicitation
of alternative proposals or quotations will not be in the best interest
of the municipality. The determination that such circumstances exist
shall, in each case, only be made by either the City Manager or by
resolution of the City Council of the City of New Rochelle. In the
following circumstances it may not be in the best interests of the
City of New Rochelle to solicit quotations. Written documentation
of such determination and approval must be maintained for each procurement:
A. Emergency purchases pursuant to § 103, Subdivision 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 subsection does not preclude alternate
proposals if time permits. Emergency procurements require approval
of the City Manager or their designee through either the Department
Head or City Manager or their designee, when circumstances allow.
[Amended 9-19-2023 by Ord. No. 2023-148]
B. Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the City is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and a lower price may indicate an older product. Therefore, as set forth in this §
62-6, such purchases may be authorized.
C. Sole Source procurement may be entered into without a competitive
process, based on written documentation that only one known source
exists or that there are no other reasonable alternative sources that
can fulfill the requirements and where competition is not feasible.
Standardization of a particular type of material or equipment
must be approved by a City Council resolution setting forth all of
the reasons for a need for standardization as defined in General Municipal
Law § 103. The adoption of a resolution by City Council
requires a vote of at least 3/5 of all members of the City Council.
Such resolution shall state reasons of efficiency or economy.
As defined in GML § 104-b, professional services are
not subject to competitive bidding. The City Manager or Commissioner
of Finance may determine in the best interest of the City that the
issuance of a formal Request for Proposal for professional services
is required in certain circumstances.
The City Manager, the Commissioner of Finance or the Purchasing
Manager are authorized to make purchases of goods and services on
behalf of the City. The names of the individuals holding these positions
will be set forth in the annual Omnibus legislation.