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.
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 beguest that is otherwise consistent with law.
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 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.
The basis for awarding contracts for services to the bidder/proposer
which optimizes quality, cost and efficiency, among responsive and
responsible bidders/proposers.
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 Division of Purchasing in the Department of Public Works.
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."
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.
The Director of Central Purchasing or his/her designee.
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.
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.
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.
A public entity subject to or created by the County.
The form(s) or format(s) required by Central Purchasing 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 Purchasing 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 $25,000 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.
Web page maintained by the County to provide procurement
opportunities and information to signatories to the SuffolkShare Intermunicipal
Agreement.
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.
