[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 11-21-2005 by L.L. No. 9-2005. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 37, Procurement Policy, adopted 12-16-1991, as amended. In addition, L.L. No. 9-2005 also provided that the use of the singular shall be read as the plural and the plural as the singular in order to effectuate its purpose.
Every purchase made will 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:
Purchase contracts under $20,000 and public works contracts under $35,000.
[Amended 3-11-2013 by L.L. No. 1-2013]
Certain municipal hospital purchases.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional institutions.
Purchases under state and county contracts.
Surplus and secondhand purchases from another governmental entity.
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 or a memo from the purchaser detailing the circumstances which led to an emergency purchase.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped or from correctional institutions or purchases of goods and services exempted pursuant to § 37-5 of this chapter, will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods or services will be purchased at the lowest price and that favoritism will be avoided.
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts over $20,000 and public works contracts over $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases or services provided pursuant to § 37-5 of this chapter:
[Amended 3-22-2010 by L.L. No. 2-2010; 3-11-2013 by L.L. No. 1-2013]
A good faith effort shall be made, whenever required, to obtain the required number of alternate proposals. If the purchaser is unable to obtain the required number of alternate proposals, the purchaser will document the attempt made at obtaining the proposals, but in no event shall the failure to obtain the proposals be a bar to the 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 bidder was not responsive or responsible. The purchaser will be responsible for determining if the offeror is responsible.
In the following circumstances involving professional services, it is not deemed in the best interests of the Village of East Hills to accept the lowest bid. In these circumstances, the individual or company must be chosen based on accountability, reliability, responsibility, skill, creativity, experience, education and training, judgment, integrity, moral worth and the ability to have a close working relationship with the governing body. 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. The citizens of the municipality deserve the benefit of expertise in these types of services, as it may ultimately save the taxpayers money. In each case, no less than two documented price quotations shall be obtained from similar firms for the services provided and then reviewed and approved by the Board of Trustees. The independent party who obtains the documented quotations from another firm, corporation, company or person shall, if the information was communicated orally, attest to the following information: the individual contacted; title of the individual; name of the business; address; telephone number; date of the conversation; and price offered for similar services, whether per hours, totally inclusive, or otherwise. If, at any time after the services are provided, the price is increased by a retained professional, then two new documented quotations must be obtained in the same manner as required for the prior prices and reviewed and approved by the Board of Trustees. The purpose of the documented quotations is to show that the prices offered by the professional for the services provided is fair and reasonable and not excessive in the marketplace. The following services, among others, are considered provided by professionals:
[Amended 3-22-2010 by L.L. No. 2-2010]
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.
Computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.
An independent study, audit, or report prepared by an accounting firm or professional consultant.
In addition, in the following situations it is not in the best interests of the municipality to secure alternate proposals because of the time required and type of purchase:
Emergency purchases pursuant to § 103(4) of the General Municipal Law.
Purchases of surplus and secondhand goods pursuant to § 103(6) of the General Municipal Law.
Purchases of goods under $1,500 and public works/services of $2,000.
Purchases of state contracts pursuant to § 104 of the General Municipal Law.
Purchases of county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law.
Goods where there is a single source from which the product is readily available.
[Added 3-11-2013 by L.L. No. 1-2013]
The individuals who are responsible for purchasing in the Village shall be set forth by resolution.
[Added 3-11-2013 by L.L. No. 1-2013]
Pursuant to General Municipal Law § 103, Subdivision 16, and all the terms and provisions contained in that subdivision, any officer, board or agency of the Village authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services, may make such purchases, or may contract for such services, as may be required by the Village through the use of a contract let by the United States of America or any agency thereof, any state or any other county or political subdivision or district therein if such contract was let in manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities.
This policy shall go into effect September 15, 2005, and will be reviewed annually.