[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 10-3-2022 by L.L. No. 4-2022.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. A217,
Procurement Policy, adopted 5-24-2004 by L.L. No. 1-2004, as amended.
A.
It is hereby
declared to be the policy of the Village of Airmont that, with respect
to contracts for public work and public purchases, the Village's policy
is to assure the prudent and economical use of public moneys for the
benefit of all the inhabitants of the Village and to facilitate the
acquisition of facilities and commodities of maximum quality at the
lowest possible cost.
B.
Where public
work and contracts are subject to the provisions of New York State
General Municipal Law Article 5-a (Public Contracts), it shall be
the policy of the Village to comply with the applicable provisions
of such article.
A.
The Village
of Airmont shall establish and approve a Village procurement policy,
by resolution, in compliance with the requirements of Article 5-a
of the General Municipal Law (Public Contracts).
B.
In addition
to compliance with the applicable requirements of General Municipal
Law Article 5-a, such procurement policies and procedures shall, among
other things:
(1)
Prescribe
a procedure for determining whether a procurement of goods and services
is subject to competitive bidding and document the basis for any determination
that competitive bidding is not required by law;
(2)
Provide
that, except for procurements made pursuant to statutory competitive
bidding requirements or procurements otherwise exempt from competitive
bidding requirements, alternative proposals or quotations for goods
and services shall be secured by use of written requests for proposals,
written quotations, verbal quotations or any other method of procurement
which furthers the purposes of this section and the General Municipal
Law;
(3)
Set
forth when each such method of procurement will be utilized, taking
into account which method will best further the purposes of this section
and the cost effectiveness of the method;
(4)
Require
adequate documentation of actions taken in connection with each such
method of procurement;
(5)
Require
justification and documentation of any contract awarded to other than
the lowest responsible dollar offeror, setting forth the reasons such
an award furthers the purpose of this section;
(6)
Identify
the individual or individuals responsible for purchasing and their
respective titles. Such information shall be updated annually; and
(7)
Set
forth any 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 political subdivision or district therein.
C.
The Village
procurement policy shall be reviewed and adopted/affirmed annually
as part of the Village's reorganization meeting. However, the Village
Board may revise such procurement policy at any time by adopting a
resolution approved by a majority of the Village Board. The failure
of the Village Board to adopt the procurement policy at an annual
meeting shall not affect the validity of any purchase, public works
contract or service, so long as such procurement is in accordance
with the procurement policy last adopted by the Village Board and
in compliance with the New York State General Municipal Law.
D.
In the
event of a conflict between the Village's procurement policy and the
state statutory requirements for competitive bidding, the provisions
of such state statutes shall control, unless such statutes allow for
the determination to be made by the Village, in which case the Village
procurement policy shall control.
