All contracts for commodities and public work shall be awarded by competitive sealed bidding except as otherwise provided in this chapter.
[Amended 6-3-2025 by Res. No. 472-2025]
Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as DPW or Central Procurement deems appropriate, together with the name of each bidder, shall be recorded; the record and each bid shall be open to public inspection in accordance with § 1065-5.
Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for bids.
Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Errors discovered before bid opening may be modified or withdrawn by the bidder by written notice, which must be received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the County or fair competition shall be permitted. In lieu of bid correction, a bidder alleging a material mistake of fact may be permitted to withdraw its bid if: the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in writing and maintained in the bid record.
[Amended 6-3-2025 by Res. No. 472-2025]
A. 
Competitively bid contracts shall be awarded to the lowest responsible and responsive vendor; however, whenever other than the lowest quote receives the award, there must be written documentation explaining why the lowest bid was rejected and justification for the award made.
B. 
Purchase contracts (including contracts for service work and technology but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law) may be awarded on the basis of best value to a responsive and responsible bidder or offerer in the manner provided by Chapter 189, Article XVI, of the Code.
C. 
Contracts for public work. Contracts for public work shall be awarded to the lowest responsive and responsible bidder furnishing the required security.
[Amended 6-3-2025 by Res. No. 472-2025]
Notwithstanding the foregoing provisions of this chapter, exceptions to sealed bid requirements may apply as follows:
A. 
Emergency. In the case of a public emergency arising out of an accident or other unforeseen occurrence or condition, whereby circumstances affecting public buildings, public property or the life, health, safety or property of the inhabitants of Suffolk County require immediate action, and when such a public emergency is declared in writing by the County Executive, contracts may be let by the appropriate officer, board or agency.
B. 
Unanticipated need. Where immediate need for commodities or public work could not have been anticipated, confirmation orders approved by the appropriate department head may be obtained.
C. 
Formal bids for the purchase of commodities not in excess of $20,000 may be waived when the Chief Procurement Officer determines, in writing, pursuant to written guidelines established by the Chief Procurement Officer that it would be in the best interest of the County to do so.
D. 
Formal bids for the purchase of public work not in excess of $35,000 may be waived by the Chief Procurement Officer when the Chief Procurement Officer determines, in writing, that it would be in the best interest of the County to do so.
E. 
Preferred source offerings. When a commodity or service is desired by the County from a preferred source, designated pursuant to State Finance Law § 162, in the form, function and utility required, and, with respect to services, the price, as determined by Central Procurement, and the cost of which is no more than 15% above the prevailing market rate, the County must purchase that commodity from a preferred source. When doing so, the priority that has been accorded to the preferred sources in the General Municipal Law shall be followed.
(1) 
Reasonable efforts must be made to determine whether a preferred source is interested in providing the commodity or service before the County engages in a competitive procurement method.
(2) 
Once requirements have been specified, the department must notify those preferred sources which provide the commodity or service of the specific requirements being sought.
(3) 
If within 10 days the preferred source expresses an interest in providing the service as specified and the department approves the price of the commodity or service, the department must purchase from the preferred source.
(4) 
If within 10 days of the notification the preferred source does not respond, or expresses no interest in providing the commodity or service, the County may conduct a competitive procurement.
(5) 
During the competitive procurement, if the preferred source elects to then bid on the contract, the County must award the contract to the proposer having the best value irrespective of the preferred source's special status.
F. 
Sole-source offerings. Where the County has documented, after conducting a good faith review of available resources, that there is only one viable source for the required commodities or public work, Central Procurement shall conduct negotiations, as appropriate, as to price, delivery and terms.
G. 
Procurements from surplus government auctions.
H. 
Procurements resulting from mandates.
I. 
Procurements involving a named sub-recipient in a grant application.
J. 
Intra- and inter-governmental procurements.
K. 
Procurements using established national and regional cooperative purchasing contracts, including, but not limited to, the contracts issued by the following entities: NYS Office of General Services, the federal General Services Administration, or U.S. Communities Government Purchasing Cooperative.
L. 
Demonstration or pilot projects for innovative products, approaches, or technologies.
M. 
Art work.
N. 
Other procurements methodologies approved by NYS Office of General Services, including reverse auctions.