[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-1994 (Ch.
34 of the 2016 Code) and reviewed annually]
A.
Every purchase to be made must be initially reviewed to determine
whether it is a purchase contract or a public works contract. Once
that determination is made, a good faith effort will be made to determine
whether it is known, or can reasonably be expected, that the aggregate
amount to be spent on the item of supply or service is not subject
to competitive bidding, taking into account past purchases and the
aggregate amount to be spent in a year. The following items are not
subject to competitive bidding pursuant to § 103 of the
General Municipal Law: purchase contracts under $20,000 and public
works contracts under $35,000; emergency purchases; certain municipal
hospital purchases; goods purchased from agencies for the blind or
severely handicapped; goods purchased from correctional institutions;
purchases under state and county contracts; and surplus and secondhand
purchases from another governmental entity.
B.
The decision that a purchase is not subject to competitive bidding
will be documented, in writing, by the individual making the purchase.
This documentation may include written or verbal quotes from vendors,
a memo from the purchaser indicating how the decision was arrived
at, a copy of the contract indicating the source which makes the item
or service exempt, a memo from the purchaser detailing the circumstances
which led to an emergency purchase or any other written documentation
that is appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped pursuant to § 162 of the State Finance Law; goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to § 34-6 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following method of purchase will be used when required
by this article in order to achieve the highest savings:
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$0 to $1,499
|
No quotations
|
|
$1,500 to $2,999
|
2 verbal quotations
|
|
$3,000 to $19,999
|
3 written/fax quotations or written request for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$0 to $1,499
|
No quotations
|
|
$1,500 to $2,999
|
2 verbal quotations
|
|
$3,000 to $4,999
|
2 written/fax quotations
|
|
$5,000 to $34,999
|
3 written/fax quotations or written request for proposals
|
A good faith effort shall be made to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser will document
the attempt made at obtaining the proposals. In no event shall the
failure to obtain the proposals be a bar to the procurement.
A.
Documentation is required of each action taken in connection with
each procurement.
B.
Documentation and an explanation are required whenever a contract
is awarded to other than the lowest responsible bidder. This documentation
will include an explanation of how the award will achieve savings
or how the bidder is not responsible. A determination that the offeror
is not responsible shall be made by the purchaser and may be challenged
under any circumstances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Pursuant to General Municipal Law § 104-b, Subdivision
2g, the procurement policy may contain 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In the following circumstances it may not be in the best interest
of the Village of Bloomfield to solicit quotations or document the
basis for not accepting the lowest bid:
(1)
Professional services or services requiring special or technical
skill, training or expertise.
(a)
The individual or company must be chosen based on accountability,
reliability, responsibility, skill, education and training, judgment,
integrity and moral worth. These qualifications are not necessarily
found in the individual or company that offers the lowest price and
the nature of these services are such that they do not readily lend
themselves to competitive procurement policies.
(b)
In determining whether a service fits into this category, the
Village Board shall take into consideration the following guidelines:
[1]
Whether the services are subject to state licensing or testing
requirements;
[2]
Whether substantial formal education or training is a necessary
prerequisite to the performance of the services; and
[3]
Whether the services require a personal relationship between
the individual and municipal officials.
(c)
Professional or technical services shall include, but not be
limited to, the following: services of an attorney; services of a
physician; technical services of an engineer engaged to prepare plans,
maps or estimates; securing insurance coverage and/or services of
an insurance broker; services of a verified public accountant; investment
management services; printing services involving extensive writing,
editing or art work; management of municipally owned property; and
computer software or programming services for customized programs,
or services involved in substantial modification and customizing of
prepackaged software.
(2)
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 section does not preclude alternate
proposals if time permits.
(3)
Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the Village of Bloomfield 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.
(4)
Goods or services under $1,500. The time and documentation required
to purchase through this article may be more costly than the item
itself and would therefore not be in the best interests of the taxpayer.
In addition, it is not likely that such contracts would be awarded
based on favoritism.
[Amended 10-24-2012 by L.L. No. 2-2012]
A.
Authorization. The Board of Trustees of the Village of Bloomfield
hereby enacts the following section pursuant to State of New York
General Municipal Law § 103, Subdivision 1, and of all other
applicable laws.
B.
Definition of "best value."
(1)
The Village of Bloomfield hereby authorizes the use of the best value
standard as part of Village procurement policies.
(2)
"Best value" is defined in New York State Finance Law § 163.
When awarding contracts under the best value standard, the Village
must consider the overall combination of quality, price, and other
elements of the required commodity or service that in total are optimal
relative to the needs of the Village. Use of the best value standard
must rely, wherever possible, on objective and quantifiable analysis.
The best value standard may identify as a quantitative factor whether
offers are from small businesses or certified minority- or women-owned
business enterprises as defined in New York Executive Law § 310.
The best value standard may only be used for purchase contracts, which
includes contracts for service work, but excludes any purchase contracts
necessary for the completion of a public works contract pursuant to
Article 8 of the Labor Law.
[Adopted 4-23-2013 (Ch.
48 of the 2016 Code)]
A.
The Village of Bloomfield obtains goods and services from suppliers,
consultants, lawyers, and other providers ("vendor" or "vendors")
under agreements ("contract" or "contracts").
B.
The amount that the Village may become obligated to pay to a vendor
under a contract, after the contract has been entered into, may depend
on the amount of goods or services obtained under the contract.
This article establishes a procedure for managing communications
with its vendors that could result in a Village payment obligation.
In this article, any such communication, regardless of form, is referred
to as a "request."
A.
Except as otherwise provided in this article, each request from any
appointed or elected official shall require the prior approval of
the Board of Trustees ("Board").
B.
The Board's prior approval shall specify, by name or office, the
person who is authorized to make the request.
C.
The Mayor (or in her or his absence or incapacity, the Vice Mayor)
shall each be authorized to make any request.
D.
Unless otherwise provided by the Board, any member of the Board may
make a request to a Village Attorney and to a Village financial advisor,
provided that the request is made after notifying the Mayor (or in
her or his absence or incapacity, the Vice Mayor) or the Clerk/Treasurer.
E.
Each request shall be fully and accurately documented in writing
to the Village Clerk/Treasurer within three business days, and shall
be documented to the Board at its next regularly scheduled monthly
meeting.
This article shall not apply:
A.
To requests relating to public works day-to-day operations, or to
public works emergency repairs, but any such request shall be reported
to the Board at its next regularly scheduled monthly meeting.
B.
To the extent, if any, that it is inconsistent with applicable law.
C.
To the extent, if any, that it would breach a contract.
D.
To a request that would cost the Village less than $100.
