[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 12-17-1991. 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.
B.
The following items are not subject to competitive bidding
pursuant to § 103 of the General Municipal Law:
(1)
Purchase contracts 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.
C.
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 purchase or detailing the circumstances which led to an emergency
purchaser 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.
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.
[Amended 2-1-1996[1]]
A.
The following methods of purchase will be used when required
by this policy in order to achieve the highest savings:
(1)
For purchase contracts:
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
$1 to $999
|
At the discretion of Purchasing Department
| |
|
$1,000 to $2,999
|
Verbal quotations
| |
|
$3,000 to $9,999
|
Written/fax quotations or written request for proposals
|
(2)
For public works contracts:
|
Estimated Amount of Public Works Contract
|
Method
| |
|---|---|---|
|
$1 to $999
|
At the discretion of Purchasing Department
| |
|
$1,000 to $2,999
|
Verbal quotations
| |
|
$3,000 to $4,999
|
Written/fax quotations
| |
|
$5,000 to $19,999
|
Written/fax quotations of 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.
[1]
Editor's Note: This resolution readopted and reaffirmed revisions
to this section previously enacted pursuant to a resolution of July 1992.
A.
Documentation is required of each action taken in connection
with each procurement.
B.
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 New Hyde Park 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.
(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:
(a)
Services of an attorney.
(b)
Services of a physician
(c)
Technical services of an engineer engaged to prepare
plans, maps and estimates.
(d)
Securing insurance coverage and/or services of an insurance
broker.
(e)
Services of a certified public accountant.
(f)
Investment management services.
(g)
Printing services involving extensive writing, editing
or art work.
(h)
Management of municipally owned property.
(i)
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 goods from any source.
If alternate proposals are required, the Village of New Hyde Park 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 $1,000. 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.
[Amended 2-1-1996[1] ]
[1]
Editor's Note: This resolution readopted and reaffirmed revisions
to this section previously enacted pursuant to a resolution of July 1992.
This policy shall go into effect January 1, 1992, and will be reviewed
annually.