[HISTORY: Adopted by the Board of Trustees
of the Village of Westbury 12-19-1991. Amendments noted where applicable.]
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:
(1)
The amounts designated under General Municipal Law § 103
for purchase contracts and public works contracts or any subsequently
enacted section relating to such amounts for purchase contracts and
public works contracts.
[Amended 10-2-2014 by L.L. No. 13-2014]
(2)
Emergency purchases.
(3)
Certain municipal hospital purchases.
(4)
Goods purchased from agencies for the blind or severely
handicapped.
(5)
Goods purchased from correctional institutions.
(6)
Purchases under state and county contracts.
(7)
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.
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:
A.
The
amounts designated under General Municipal Law § 103 for
purchase contracts and public works contracts or any subsequently
enacted section relating to such amounts for purchase contracts and
public works contracts.
[Amended 10-2-2014 by L.L. No. 13-2014]
C.
Goods purchased from correctional institutions pursuant
to § 186 of the Correction Law;
D.
Purchases under state contracts pursuant to § 104
of the General Municipal Law;
E.
Purchases under county contracts pursuant to § 103,
Subdivision 3, of the General Municipal Law; or
A.
The following method of purchase will be used when
required by this policy in order to achieve the highest savings:
[Amended 10-2-2014 by L.L. No. 13-2014]
Estimated Amount of Purchase Contract Per Year
|
Method
| |
---|---|---|
Amounts less than $500
|
At the discretion of the Village Clerk
| |
$500 to $2,999
|
Documented verbal quotes from at least 2 vendors
| |
$3,000 to $5,999
|
Formal written/fax quotations from at least 2 vendors
| |
$6,000 to the amount designated under General Municipal Law
§ 103 for purchase contracts or any subsequently enacted
section relating to such amount
|
Formal written/fax quotations from 3 vendors or response to
a written request for proposal (RFP) from 3 vendors
| |
The amount designated under General Municipal Law § 103
for purchase contracts or any subsequently enacted section relating
to such amount
|
Sealed bids in conformance with General Municipal Law § 103
|
Estimated Amount of Public Works Contract Per Year
|
Method
| |
---|---|---|
Amounts less than $500
|
At the discretion of the Superintendent of Public Works
| |
$500 to $2,999
|
Documented verbal quotes from at least 2 vendors
| |
$3,000 to $4,999
|
Formal written/fax quotations from at least 2 vendors
| |
$5,000 to the amount designated under General Municipal § 103
for public works contracts or any subsequently enacted section relating
to such amount
|
Formal written/fax quotations from 3 vendors or response to
a written request for proposal (RFP) from 3 vendors
| |
The amount designated under General Municipal Law § 103
for public works contracts or any subsequently enacted section relating
to such amount
|
Sealed bids in conformance with General Municipal Law § 103
|
B.
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 of each action taken
in connection with each procurement.
[Amended 10-2-2014 by L.L. No. 13-2014]
A.
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. Under no circumstances can a quote that exceeds
the bid limit be awarded.
B.
A contract can be awarded to the bidder who offered the best value,
as that term is defined under § 163 of the State Finance
Law.
Pursuant to General Municipal Law § 104-b,
Subdivision 2f, 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 interest of the Village of
Westbury 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 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:
(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 or prepackaged software.
B.
Emergency purchases pursuant to § 103, Subdivision
4, of the General Municipal Law. Due to the nature of this exception,
the 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.
C.
Purchases of surplus and secondhand goods. If alternate
proposals are required, the village is precluded from purchasing surplus
and secondhand 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 $500. 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.
[Amended 10-2-2014 by L.L. No. 13-2014]
[Amended 10-2-2014 by L.L. No. 13-2014]
This policy shall go into effect upon filing with the Secretary
of State and will be reviewed annually at the annual meeting of the
Board of Trustees.