[HISTORY: Adopted by the Board of Trustees of the Village of Naples as indicated in article histories. Amendments noted where applicable.]
Editor’s Note: This resolution superseded former Article I, Procurement Policy, adopted 1-18-2012.
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 and public works contracts under the bid thresholds established by § 103 of the General Municipal Law, as amended from time to time; emergency purchases; 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; and 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 and 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.
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: purchase contracts and public works contracts in excess of the bid thresholds established by § 103 of the General Municipal Law, as amended from time to time; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; 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(3) of the General Municipal Law; or purchases pursuant to § 249-7 of this policy.
A good faith effort must be made to facilitate the fullest possible utilization of certified minority and women-owned business enterprises. The New York State directory of MWBEs should be consulted to determine certified MWBE suppliers to contact.
The following method 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.
The Village Board of Trustees, prior to committing to the purchase, must approve all purchases in an amount in excess of $999.99. Inclusion in the annual budget does not constitute automatic approval by the Board.
Documentation is required of each action taken in connection with each purchase.
Documentation and an explanation are 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(2)(f), the procurement policy may contain circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interests of the Village of Naples to solicit quotations or document the basis for not accepting the lowest bid:
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, judgement, 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. In determining whether a service fits into this category, the Board of Trustees shall take into consideration the following guidelines: whether the services are subject to state licensing or testing requirements; whether substantial formal education or training is a necessary prerequisite to the performance of the services; and 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 municipality-owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of prepackaged software.
Emergency purchases pursuant to § 103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and delay in order to seek alternate proposals may threaten the life, health, safety and 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 is precluded from purchasing surplus and secondhand goods at auctions 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 $999.99. 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.
This policy shall go into effect July 18, 2012, and will be reviewed annually.
[Adopted 10-17-2012 by L.L. No. 4-2012]
The Board of Trustees of the Village of Naples hereby enacts this article pursuant to § 103 of the General Municipal Law of the State of New York and of all other applicable laws.
The Board of Trustees of the Village of Naples hereby authorizes the use of the best value standard as part of the Village procurement policies.
The term "best value" is defined in § 163 of the Finance Law of the State of New York, and that definition is hereby incorporated into this article. When awarding contracts under the best value standard, the Village must consider the overall combination of quality, price, and other elements of the required commodity or service that in total are optimal relative to the needs of the Village. Use of the best value standard must rely, whenever possible, on objective and quantifiable analysis. The best value standard may identify as a quantitative factor whether offerors are small businesses or certified minority or woman-owned business enterprises as defined in New York Executive Law § 310. The best value standard may only be used for purchase contracts which includes contracts for service work, but excludes any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York State Labor Law.
The Village of Naples shall update its procurement policy in accordance with the provisions of this article.