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; or
F. Purchases pursuant to §
41-6 of this policy.
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. 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 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
interests of the Village of Pelham Manor 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 procedure.
(2) In determining whether a service fits into this category
the Village Manager shall take into consideration the following guidelines:
whether the services are subject to State licensing or testing requirements;
whether substantial formal education or training is a necessary prerequisite
to the performance of the services; and whether the services require a personal
relationship between the individual and municipal officials. 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.
[Amended 1-23-1995 by L.L. No. 1-1995]
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 goods from any source.
If alternate proposals are required, the Village of Pelham Manor 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 $250. 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.