[HISTORY: Adopted by the Village Board of the Village of
Akron 10-7-2013 by L.L. No. 2-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 26.
[1]
Editor's Note: This local law also repealed former Ch.
42, Procurement Policy, adopted 1-27-1992.
The Village Clerk Treasurer shall be responsible for developing
and administering a central purchasing system and procedures to make
provisions for all purchases, sale, lease, rental and servicing of
materials, supplies, equipment and services for all departments and
agencies of the Village government pursuant to and in compliance with
the applicable provisions of laws and regulations.
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. 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; emergency purchases; goods purchased
from agencies for the blind or disabled; goods purchased from correctional
institutions; purchases under state and county contracts; and surplus
and secondhand purchases from another governmental entity.
B.
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 purchaser detailing the circumstances
which led to an emergency purchase, or any other written documentation
that is appropriate.
The Village shall purchase materials, supplies, equipment and
services as required, at the best possible prices and maintain appropriate
documentation as follows:
A.
Purchases
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 or at the best value and
that favoritism will be avoided.
B.
Proper
written documentation (acceptable to the Village Clerk) by the individual
making the purchase will be 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 or did not provide the best value
under the terms of the proposed contract.
C.
Purchase contracts for materials, supplies and equipment involving
an estimated annual expenditure in excess of $20,000 and public works
contracts in excess of $35,000 shall be awarded only after public
advertising soliciting formal bids pursuant to § 103 of
the General Municipal Law.
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$0 to $500
|
Departmental discretion. Invoices processed for payment on a
voucher
|
|
$501 to $2,999
|
Two verbal quotations
|
|
$3,000 to $19,000
|
Three written quotations or written request for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$0 to $500
|
Departmental discretion. Invoices processed for payment on a
voucher
|
|
$501 to $2,999
|
Two verbal quotations
|
|
$3,000 to $4,999
|
Two written quotations or written request for proposals
|
|
$5,000 to $34,999
|
Three written quotations or written request for proposals
|
Pursuant to General Municipal Law § 104-b(2)(f), 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 Akron 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. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgment, integrity and ethical standards. In determining
whether a service fits into this category, the Board of Trustees shall
take into consideration the following guidelines:
(1)
Whether the services are subject to state licensing or testing requirements;
(2)
Whether substantial formal education or training is a necessary prerequisite
to the performance of the services; and
(3)
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.
B.
Emergency purchases pursuant to § 103(4) of the General
Municipal Law. Because of 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. Sole source purchases when it is clearly
determined that there is only one vendor capable of providing a particular
material or service.
C.
Purchases of surplus and secondhand goods from any source. If alternate
proposals are required, the Village of Akron is precluded from purchasing
surplus and second-hand 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.
New York General Municipal Law § 103(1) allows the
Village to authorize, by local law, the award of certain purchase
contracts (including contracts for services) subject to competitive
bidding under General Municipal Law § 103 on the basis of
"best value" as defined in § 163 of the New York State Finance
Law. The best-value option may be used, for example, if it is more
cost efficient over time to award the good or service to other than
the lowest responsible bidder or offeror if factors such as lower
cost of maintenance, durability, higher quality and longer product
life can be documented.
The provisions of this article apply to Village purchase contracts,
including contracts for services, involving an expenditure of more
than S20,000, but excluding purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option. If the dollar thresholds of
New York General Municipal Law § 103 are increased or decreased
in the future by the State Legislature, the dollar thresholds set
forth herein shall be deemed simultaneously amended to match the new
General Municipal Law thresholds.
Goods and services procured and awarded on the basis of best
value are those that the Village Board determines optimize quality,
cost and efficiency among responsive and responsible bidder or offerors.
Where possible, the determination shall be based on an objective and
quantifiable analysis of clearly described and documented criteria
as they apply to the rating of bids or offers. The criteria may include,
but shall not be limited to, any or all of the following: cost of
maintenance; proximity to the end user if distance or response time
is a significant term; durability; availability of replacement parts,
or maintenance contractors; longer product life; product performance
criteria; and quality of craftsmanship.
