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:

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.

Purchase contracts over $10,000 and public works contracts over $20,000.

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.

Purchases under county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law.

Purchases pursuant to § 28-6 of this policy.

The following methods of purchase will be used when required by this policy in order to achieve the highest savings:

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. A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.

Professional services or services requiring special or technical skill, training or expertise.

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.

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.

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.