New York State law requires municipalities to procure commodities, public work, and services in accordance with Article 5-A of the New York State General Municipal Law. It is the policy of the County to provide fair and equitable treatment to all persons involved in public procurement and purchasing by the County of Suffolk, to maximize the prudent and economical use of public funds in procurement, to provide safeguards for maintaining a procurement system of quality and integrity, and to ensure that contracts are awarded consistent with law and County procedures.
[Amended 6-3-2025 by Res. No. 472-2025]
This chapter shall apply to the procurement of all commodities, public work, and services by the County after the effective date of this chapter, subject to the requirements of Administrative Code § A4-13, Preferences for businesses located within Suffolk and Nassau Counties, and § A4-14, Competitive bids, as the same may from time to time be amended. This chapter shall apply to all expenditures of public funds by the County for public purchasing irrespective of the source of the funds, and except as otherwise provided by law or applicable state and federal policy, rules, and regulations. Nothing in this chapter shall prevent compliance with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law.
[Amended 4-21-2025 by L.L. No. 15-2025; 6-3-2025 by Res. No. 472-2025]
When used in this chapter, the following terms shall have the meanings indicated, unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular provision:
A public entity subject to or created by the County.
A legal document that formalizes the mutual obligations of the parties involved, including, but not limited to, contracts, intermunicipal agreements, memoranda of agreement/understanding, licenses, and any other document indicating procurement or future procurement of personal/consultant services.
A sum of money from public funds set aside for a specific purpose.
An agency, department or other entity authorized to participate in a County contract.
Revised proposal solicited from one or more finalists in a competitive procurement process based on discussions between the County and the finalists.
An offer to furnish a described commodity or perform services at a stated price for a stated term.
A person who submits a bid/proposal in response to a solicitation; can be a bidder or proposer, depending on the solicitation.
A corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity, including not-for-profit organizations.
The Office of Central Procurement.
The Chief Procurement Officer (CPO) for the County of Suffolk, New York, and/or their designee.
The Suffolk County Code.
Unless otherwise specifically provided, the Commissioner of the Department of Public Works.
Materials, equipment, supplies, goods, products, and other standard articles of commerce and related services.
The process by which bids are publicly solicited and opened and a contract awarded to the lowest responsive, responsible bidder.
The Suffolk County Comptroller.
A contract with a private entity to provide goods and services to enhance the experience and/or accommodate visitors to County park facilities.
An actual or perceived incompatibility between the personal interest of a contractor (or its employees, agents, servants or volunteers), a public official, or employee, and the apparent or actual interests of the County.
The process of building, altering, improving, or demolishing any public structure, building, road, highway, bridge or other public improvements of any kind to any public real property. It does not include services related to installation, the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
Professional services and/or human/client services provided by independent contractors that require specialized skills, generally professional in nature, and the consistent exercise of judgment.
Any person having a contract with the County or an authorized user thereof.
Procurements conducted by, or on behalf of, more than one entity authorized to participate under state and local laws, rules and regulations.
County of Suffolk.
Procurements made without a prior approved encumbrance.
In the case of a public emergency arising out of an accident or other unforeseen occurrence or situation whereby circumstances affecting public buildings, public property or the life, health, safety or property of the inhabitants of the County require immediate action, and when such public emergency is declared in writing by the County Executive.
A reservation or commitment of budgeted funds related to unfulfilled contracts. The purpose of encumbrance accounting is to prevent further expenditure of funds in light of commitments already made.
Factors, usually weighted, used to evaluate vendors in a competitive procurement, which may include management capability, experience, technical capability, manner of meeting performance requirements, price, cost, financial viability and other pre-established factors.
Programs contracted for by the County on behalf of third-party clients, including: programs to provide social services; health or medical services; housing and shelter assistance services; legal services; employment assistance services; and/or vocational, educational, or recreational programs. Client services may sometimes be referred to as "human services."
All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
Refers to the total cost of ownership over the life of an asset.
The basis for awarding a contract to a responsible and responsive bidder offering the lowest price.
Any natural person, individual, corporation, unincorporated association, firm, partnership, joint venture, joint-stock association or other legally constituted entity or business organization of any kind.
Services provided by independent contractors which require the use of specialized skills that are not necessarily professional services as defined herein, i.e., are not necessarily based on advanced education, professional licensing, or certification.
Form of intergovernmental cooperative purchasing in which an entity will be given the pricing and terms of a contract entered into by another entity. Generally, the larger entity will competitively award a contract that will include language allowing for other entities to use the contract to their advantage in terms of pricing, thereby gaining economies of scale they normally would not receive if they competed on their own.
A designated organization pursuant to New York State Finance Law § 162, as may be amended from time to time, from which commodities or services must be procured without competitive bidding requirements when the commodities and services meet the form, function, and utility requirements of the County. A list of preferred providers is maintained by the New York State Office of General Services.
The screening of potential vendors in which a purchaser may consider factors such as financial capability, reputation, and management in order to develop a list of prospective vendors qualified to be sent invitations to bid or requests for proposals. With regard to regional planning, "prequalification" refers to a list of consultants with specialized or technical skills to perform professional services for projects of regional significance and the Suffolk County Comprehensive Master Plan 2035.
The buying, purchasing, renting, leasing, or otherwise acquiring of any commodities, public work, and/or consultant services, except as otherwise specifically provided in this chapter, and all functions that directly pertain to the foregoing actions.
All documentation maintained in support of the buying, purchasing, renting, leasing, or otherwise acquiring of any commodities, public work, and/or consultant services. The record should include, but not be limited to, written documentation that supports the decision-making process and all the materials necessary to be conveyed to the Comptroller for audit purposes, as well as any other material the department deems essential.
Professional services, other than human/client services provided by independent contractors that require specialized skills, generally professional in nature, and the consistent exercise of judgment. Examples include, but are not limited to: accountants and financial advisors; lawyers; doctors and medical arts professionals; computer programmers and information technology consultants; architectural and engineering services; counseling; underwriting services; surveying; management consulting services, feasibility studies of a scientific or technical nature; urban, suburban, and rural design professionals; and other services that require advanced education or professional licensing or certification.
An offer made by a vendor as a basis for negotiations for entering into a contract.
A vendor submitting a proposal in response to a RFP, an RFEI, RFI or SOQ.
A complaint challenging the award or proposed award of a contract for the procurement of public work, goods or services, or a challenge to the terms of a solicitation for such a contract.
Contracts for goods, commodities, and equipment, including technology.
The form(s) or format(s) required by Central Procurement when directing a vendor to perform. A purchase order may be used against an existing contract or may be used to formalize a transaction with a bidder.
A bid or proposal submitted by a vendor to furnish a described commodity or to perform services or means of achieving a practical end, at a stated price for a stated contract term.
An information gathering document issued when a department seeks to gauge interest, to target an audience for a particular project as an aid in developing a proposer's list, or to create a short list of proposers eligible to submit a proposal. This request generally shall not result in the award of a contract unless specifically provided, but is otherwise to be used as assistance in the development of an RFP. If the RFEI is utilized to create a short list of proposers, it must clearly convey that only responders to the RFEI may respond to the RFP.
A research and information gathering document which provides a preliminary description of program objectives and specifications and is issued by a department to solicit input about the options available to address a particular need and in order to help create viable requirements for a potential contract Solicitation. This request will not result in the award of a contract, but is intended only to be used as assistance in the development of an RFP.
The method used to solicit potential vendors where cost is not the sole determining factor.
A document issued to solicit qualified providers to provide client services on behalf of the County. Rates are pre-established by the County, state or federal government.
Contracts maintained by Central Procurement for the procurement of commodities, public works, and/or services via issuance of a purchase order.
A formal request to procure goods or services, utilized to initiate the procurement process.
A person who has the skill, judgment, and the organizational, legal and financial capability in all respects to fully perform the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to assure good faith performance.
A person who has submitted a bid/proposal that conforms in all material respects to the requirements set forth in the invitation for bids.
The furnishing of labor, time or effort by a vendor. This term shall not include employment agreements or collective bargaining agreements.
A procurement in which, although the required services may be supplied by two or more vendors, the award may be to one vendor over the other(s) based on written justification for the selection of that vendor.
A procurement in which only one vendor is capable of providing the commodity or service.
The process of notifying prospective bidders/proposers that the County wishes to receive quotes or proposals for the furnishing of commodities, public work, or consultant services.
A simplified proposal request that can be used to solicit consultant or personal services of $35,000 and less where the needed services can be translated into detailed specifications.
Any description of the physical or functional characteristics or of the nature of a supply, service, equipment or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, equipment or construction item for delivery.
Systems or components thereof including, but not limited to, hardware, software, firmware, and telecommunications that may integrate and process data, and services, including, but not limited to, planning, consulting, project managing, developing requirements definitions, analyzing, configuring, designing, programming, testing, training, implementing, as well as conversion capacity management and quality assurance for the purpose of installing, using, creating, maintaining, operating, or repairing computer systems or networks of computer systems or components thereof.
Any department, commission, board, or public entity requiring or utilizing commodities, public work or consultant services procured pursuant to this chapter.
A supplier of commodities, public work, or services.