[HISTORY: Adopted by the board of Trustees
of the Village of Great Neck Estates 4-14-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This policy is reviewed and
readopted annually at the Village organizational meeting.
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 single fiscal year. The
following items are not subject to competitive bidding pursuant to
§ 103 of the General Municipal Law: purchase contracts under
$10,000 and Public Works contracts under $35,000; emergency purchases;
goods purchased from agencies for the blind or severely handicapped;
goods purchased from correctional institutions; purchases under state
and county contracts; contracts for personal services; 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 or proposing that the Board of Trustees approve a 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.
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 under $10,000 and Public Works contracts
$35,000; goods purchased from agencies for the blind or severely handicapped,
pursuant to § 175-b of the State Finance Law [1]; goods purchased from correctional institutions, pursuant to § 186 of the Correction Law; purchases under state contracts, pursuant to § 104 of the General Municipal Law; where permitted by law, purchases under county contracts, pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to § 58-6 of this policy.
[1]
Editor's Note: Section 175-b of the State
Finance Law was repealed by L.1995, c. 83, effective April 1, 1995.
A.
The following method of purchase will be used when
required by this policy in order to achieve the highest savings:
|
Estimated Amount of
Purchase Contract
|
Minimum Required Method
| |
|---|---|---|
|
$500 to $2,999
|
2 verbal quotations
| |
|
$3,000 to $9,999
|
3 written/fax quotations or written request
for proposals
|
|
Estimated Amount of
Public Works Contract
|
Minimum Required Method
| |
|---|---|---|
|
$1,000 to $4,999
|
2 verbal quotations
| |
|
$5,000 to $9,999
|
2 written/fax quotations
| |
|
$10,000 to $34,999
|
3 written/fax quotations or written request
for proposals
|
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.
Documentation and an explanation is required
whenever a contract is awarded to other than the lowest responsible
offeror. This documentation will include an explanation of how the
award will achieve savings or how the offeror was not responsible,
or any other reason why the contract was awarded to other than the
lowest responsible offeror. A determination that the offeror is not
responsible shall be made by the purchaser and may not be challenged
under any circumstances.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, the Village's 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. In the following
circumstances it may not be in the best interest of the Village of
Great Neck Estates 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
the 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 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; 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 alternative proposals may threaten the life, health,
safety or welfare of the residents. This section does not preclude
seeking alternate proposals if time permits.
C.
Purchases of surplus and secondhand goods. Such purchases
may be made without alternative proposals, because 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 $500. 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.
[Added 5-14-2012 by L.L. No. 5-2012; amended 6-13-2022 by L.L. No. 3-2022]
A.
Purpose.
The Board of Trustees of the Village of Great Neck Estates hereby
finds that contracts for the procurement of goods required by law
to be awarded by competitive bidding should be awarded in a manner
that assures the most prudent and economical use of public monies
and guards against favoritism, extravagance, fraud and corruption.
The Board finds further that, while the lowest responsible bidder
method has long been the accepted method of awarding such contracts,
that method may not always offer the most cost-effective or efficient
option in the long term. Accordingly, the Board wishes to exercise
its authority pursuant to § 103 of the General Municipal
Law to permit the Village to utilize the best value standard of procurement,
as an alternative to lowest responsible bidder, on appropriate contracts
for the procurement of goods.
B.
Standard
for award of purchase contracts to other than the lowest responsible
bidder. For purposes of this chapter, "best value" shall have the
meaning provided in § 163(1)(j) of the State Finance Law,
as amended from time to time. All bid offerings advertised by the
Village for the purchase of goods and related service work shall be
issued on the basis of lowest responsible bidder unless the Village
Administrator authorizes the use of the best value standard. Best
value shall not be available for award of purchase contracts needed
for the completion of a public works contract.
C.
Notice.
In each instance in which the best value standard is to be used, the
required bid advertisement shall include notice to all prospective
bidders that the purchase contract will be awarded on the basis of
best value rather than based upon the standard of lowest responsible
bidder. No such notice shall be required where the Village is authorized
by law to purchase goods without being required to advertise for competitive
bids, and the Village may accept a proposal for such purchase on the
basis of best value without giving prior notice.
D.
To the extent
reasonably practicable, proposals for purchase contracts in excess
of $20,000 shall be evaluated, documented and awarded in the same
manner and to the same extent as provided in the then current Village
Procurement Policy with respect to purchases which are not subject
to competitive bidding.
