[HISTORY: Adopted by the Board of Trustees
of the Village of Ellenville 1-13-1992. Amendments noted where applicable.]
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:
(1)
Purchase contract under $10,000 and public works contracts
under $20,000.
(2)
Emergency purchases.
(3)
Certain municipal hospital purchases.
(4)
Goods purchased from agencies for the blind or severely
handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
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 with approval of the Village Manager, Treasurer or Mayor.
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.
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:
A.
Purchase contracts over $10,000 and public works contracts
over $20,000.
B.
Goods purchased from agencies for the blind or severely
handicapped pursuant to § 175-b of the State Finance Law.
C.
Goods purchased from correctional institutions pursuant
to § 186 of the Correction Law.
D.
Purchases under state contracts pursuant to § 104
of the General Municipal Law.
E.
Purchases under county contracts pursuant to § 103,
Subdivision 3 of the General Municipal Law.
A.
The following method of purchase will be used when
required by this policy in order to achieve the highest savings reasonably
possible for the taxpayers and residents of the Village of Ellenville.
Each purchase requisition must be approved by either the Village Manager,
Treasurer or Mayor, except in instances where the purchase requisition
exceeds $1,500 in cost, whereby there shall be an additional requirement
of gaining approval of a majority of the Board of Trustees prior to
completing said purchase.
[Amended 12-10-2007 by L.L. No 10-2007; 8-28-2017]
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
Under $100
|
At the discretion of the Purchasing Department
or department head
| |
|
$101 to $2,999
|
Documented verbal quotations from at least 3
separate vendors (if available)
| |
|
$3,000 to $9,999
|
3 written/fax quotations or written request
for proposals (if available)
| |
|
$10,000 and up
|
Sealed bids in conformance with General Municipal
Law § 103
| |
|
Estimated Amount of Public Works Contract
|
Method
| |
|
$100 to $999
|
At the discretion of the Purchasing Department
or department head
| |
|
$1,000 to $2,999
|
Documented verbal quotations from at least 2
separate vendors (if available)
| |
|
$3,000 to $9,999
|
Written/fax quotations from at least 3 separate
vendors (if available)
| |
|
$10,000 to $19,999
|
4 written/fax quotations or written request
for proposals (if available)
| |
|
$20,000 and up
|
Sealed bids in conformance with General Municipal
Law § 103
|
B.
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.
Documentation is required of each action taken
in connection with each procurement. All purchases for good must be
accompanied by a signed purchase order and all service invoices must
have a signed voucher.
[Amended 7-13-2020 by L.L. No. 4-2020]
A.
Purpose and intent. New York General Municipal Law § 103
requires competitive bidding for purchase contracts and public works
contracts and has historically required that such bids be awarded
to the lowest responsible bidder whose bid meets the requirements
of the specifications for the project. This section was amended to
provide that, through enactment of a local law so providing, the Village
may award purchase contracts and public works contracts on the basis
of best value, as defined in the New York State Financial Law§ 163,
to a responsive and responsible bidder or offeror. The Board of Trustees
hereby determines that it is in the best interest of the Village and
its residents for the Board of Trustees to have authority to award
purchase contracts and public works contracts on the basis of best
value. This best value option may be, but is not required to be, used
to award an applicable purchase contract and public works contracts
to optimize equality, cost and efficiency among responsive and responsible
offerors instead of the lowest responsible bidder.
B.
BEST VALUE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The basis for awarding purchase contracts and public works
contracts to the offeror that optimizes quality, cost and efficiency,
among responsive and responsible offerors. Such basis shall reflect,
wherever possible, objective and quantifiable analysis. Such basis
may also identify a quantitative factor for offerors that are small
businesses or certified minority- or women-owned business enterprises
as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the
Executive Law to be used in evaluation of offers for awarding of contracts
for services and public works.
C.
Standards for best value. Goods and services procured and awarded
on the basis of best value are those that the Board of Trustees determines
optimize quality, cost and efficiency, among responsive and responsible
bidders or offerors. Such basis shall reflect, wherever possible,
objective and quantifiable analysis. The criteria may include, but
shall not be limited to, any or all of the following: cost of maintenance,
proximity to the end user (if distance or response time is a significant
term), durability, availability of replacement parts or maintenance
contractors, longer product life, product performance criteria, and
quality of craftsmanship.
D.
Documentation. A quote or proposal received pursuant to standard
bidding procedures may be awarded on either a best value or lowest
responsible bidder standard. All information gathered in the course
of the bidding procedures contained in this chapter shall be filed
with the documentation supporting the subsequent purchase or public
works contract. Where a contract is awarded on the basis of best value
rather than lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
E.
Severability. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of this chapter and the application of such provisions to other persons
and circumstances shall not be rendered invalid thereby.
F.
When effective. This chapter shall take effect immediately upon filing
with the Secretary of State.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, the procurement policy may contain circumstances when,
or types of procurement 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. In the following
circumstances it may not be in the best interests of the Village of
Ellenville to solicit quotations or document the basis for not accepting
the lowest bid:
A.
Professional services or services requiring special
or technical skill, training or expertise.
(1)
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 procedures.
(2)
In determining whether a service fits into this category
the Board of Trustees shall take into consideration the following
guidelines:
(a)
Whether the services are subject to state licensing
or testing requirements;
(b)
Whether substantial formal education or training is
a necessary prerequisite to the performance of the services; and
(c)
Whether the services require a personal relationship
between the individual and municipal officials.
(3)
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 and estimates; securing insurance coverage and/or services
of an insurance broker; services of a certified 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.
B.
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.
C.
Purchases of surplus and secondhand from any source.
If alternate proposals are required, the village 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.
D.
Goods or services under $100. The time and documentation
required to purchase through this policy 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 de minimis contracts
would be awarded based on favoritism.
The unintentional failure to fully comply with
the provisions of this chapter shall not be grounds to void actions
taken or given rise to a cause of action against the political subdivision
or district or any officer or employee thereof.
The Mayor and the Board of Trustees reserves
the right to review and amend this policy as required.
This policy shall go into effect January 1,
1992, and will be reviewed annually.
