[HISTORY: Adopted by the Board of Trustees of the Village of Morrisville 8-13-1992; amended in its entirety 1-7-2016 by Res. No. 16-01. Subsequent amendments noted where applicable.]
The Village of Morrisville does hereby adopt the following amended procurement policy which is intended to apply to the procurement of goods and services by the Village of Morrisville as provided herein.
Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. In general, if the contract involves a substantial amount of services that is the focal point of the agreement, and the purchase of goods is incidental, it will be considered a contract for public work. Conversely, if services or labor is only minimal or incidental to the purchase of goods, it is generally considered a purchase contract.
Once the determination is made between a purchase contract or a public works contract, a good faith effort shall be made to determine whether it is known or can reasonably be expected that the combined amount to be spent on the item of supply or service is subject to competitive bidding, taking into account past purchases and the combined amount to be spent in a year. The following items are generally subject to competitive bidding pursuant to § 103 of the General Municipal Law:
Under General Municipal Law § 103, the following items are generally not subject to competitive bidding, regardless of amount, but said § 103 shall be reviewed for a complete statement of its terms and applicability in any given instance:
Certain municipal hospital purchases.
Goods purchased from agencies for the blind or severely handicapped.
Goods purchased from correctional institutions.
Purchases under state or county contracts.
Surplus and secondhand purchases from another governmental entity.
The individual or board authorizing the purchase shall document, in writing, the decision and reason that a purchase is not subject to competitive bidding under General Municipal Law § 103. The documentation may include written quotes from vendors, notes of oral quotes from vendors, a memo 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, a board resolution, or any other written documentation that is appropriate.
The Board of Trustees may authorize certain individuals, by resolution, to make purchases on behalf of the Village. No officer or employee shall make purchases for the Village, or use the Village's name to make purchases, unless so authorized. Persons making purchases for the Village will sign their name legibly on each receipt and all purchases must be in accordance with this procurement policy.
Every effort should be made to support private industries and businesses of Madison County, when possible, and so long as such action does not violate federal law, state law, local law or Village contracts, policies or resolutions.
Except as provided in § 31-8 below, in order that goods are purchased at the lowest responsible price and that the Village receives the best value from its purchases, all goods and services not required to be procured by sealed competitive bids or exempt from competitive bidding as provided in § 31-2B above shall be secured by use of written requests for proposals, or written quotations, or oral quotations.
The following method of purchase documentation will be used when required by this policy in order to achieve the highest savings and/or best value to the Village:
Purchases costing less than $1,000 do not require a quote.
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 for each action taken in connection with each procurement. The following are examples of acceptable documentation:
Oral quotations. The telephone log or other record should record, at a minimum: date, item or service desired, price quoted, name of vendor, name of vendor's representative.
Written quotations. Vendor should provide, at a minimum: date, description of details of service to be provided, price quoted, and name of contact.
Requests for proposals. Depending on the situation, the RFP may be prepared in house or require the assistance of a consultant.
Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible supplier/laborer. This documentation shall include an explanation of how the award will achieve savings or how the supplier/laborer was not accountable. A determination that the supplier/laborer is not accountable shall be made by the purchaser.
In the following circumstances, alternative proposals and/or quotations shall not be required:
Contracts for professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, skill, education and training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual company that offers the lowest price and the nature of these services is 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.
Whether the services require a personal relationship between the individual and municipal officials.
Professional or technical services shall include but not necessarily be limited to the following: services of an attorney; services of a physician; technical services of an engineer or architect engaged to prepare plans, maps or 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 insubstantial 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 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 Morrisville is not prohibited from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained.
Payments under contracts approved by the Board of Trustees, including capital improvements and purchases.
New York State tax payments.
Periodic insurance contract and premium payments.
Legal advertisements and notices.
Recurring periodic service contracts payments totaling less than $10,000 per fiscal year. (More than this amount requires Board approval.)
Periodic telephone and telecommunications bills and expenses.
Utility bills and expenses.
Recurring periodic materials and supplies such as, but not limited to, polymer, sodium hypochlorite, sodium bisulfite, chlorine, and fluoride.
Sole source. When there is only one possible source from which to procure commodities and/or services, thus indicating there is no possibility of competition, the following shall be documented in writing:
Unique benefits to the Village of commodity and/or service as compared to other commodity and/or service available in the marketplace; and
No other commodity and/or service provides substantially equivalent or similar benefits; and
Considering the benefits received, the cost of the commodity and/or service is reasonable as compared to other commodities and/or service in the marketplace; and
There is no competition available.
In accordance with the MU-1 Schedule Records Retention adopted by the Village of Morrisville on January 10, 2008, the claims and all other procurement documents will be retained for a period of six years unless otherwise noted by New York State Archives, New York Codes Rules and Regulations, or by federal regulations. A record of all quotes shall be made and maintained in the purchase file. For oral quotes there shall be a telephone log or written record which shall record the date, commodity or service requested, price quoted, name of vendor, name of vendor's representative making the quote and the name of officer or employee receiving the quote. For written or facsimile quotes vendors shall provide: date, description of commodity or details of service to be provided, quote, name of vendor, name of vendor's representative. Written quotes may be received by mail, electronic mail or by facsimile.
The unintentional failure to fully comply with the provisions of this chapter or the provisions of § 104-b of the General Municipal Law shall not constitute grounds for any claim against the Village of Morrisville or any officer or employee thereof.