[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights 9-17-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Investment policy — See Ch. 52.
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)
Purchase contracts under $10,000 and public works contracts
under $20,000.
(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.
A.
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:
(1)
Purchase contracts over $10,000 and public works contracts
over $20,000.
(2)
Goods purchased from agencies for the blind or severely
handicapped pursuant to § 175-b of the State Finance Law.
(3)
Goods purchased from correctional institutions pursuant
to § 186 of the Correction Law.
(4)
Purchases under state contracts pursuant to § 104
of the General Municipal Law.
(5)
Purchases under county contracts pursuant to § 103,
Subdivision 3, of the General Municipal Law.
B.
The following method of purchase will be used when required
by this policy in order to achieve the highest savings:
(1)
Purchase contracts.
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$250 to $2,999
|
Verbal quotation
|
|
$3,000 to $9,999
|
Written/FAX quotations or written request for proposals
|
(2)
Public works contracts.
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$250 to $2,999
|
Verbal quotation
|
|
$3,000 to $4,999
|
Written/FAX quotations
|
|
$5,000 to $19,999
|
Written/FAX quotations or written request for proposals
|
C.
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 will the failure to obtain
the proposals be a bar to the procurement.
A.
Documentation is required of each action taken in connection
with each procurement.
B.
Documentation and an explanation is 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, 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 Elmira Heights 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.
(1)
In determining whether a service fits into this category,
the Village Board of Trustees shall take into consideration the following
guidelines:
(a)
Whether the services are subject to state licensing or
testing requirements.
(b)
Whether substantial formal education or training is a
necessary prerequisite to the performance of the services.
(c)
Whether the services require a personal relationship
between the individual and municipal officials.
(2)
Professional services or technical services shall include
but not be limited to the following:
(a)
Services of an attorney.
(b)
Services of a physician.
(c)
Technical services of an engineer or architect engaged
to prepare plans, maps and estimates.
(d)
Securing insurance coverage and/or services of an insurance
broker.
(e)
Services of a certified public accountant.
(f)
Investment management services.
(g)
Printing services involving extensive writing, editing
or artwork.
(h)
Management of municipally owned property.
(i)
Computer software or programming services for customized
programs or services involved in substantial modification and customizing
of prepackaged software.
B.
Emergency services pursuant to § 103, Subdivision
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.
C.
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 or through specific advertised sources
where the best prices are 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 interest 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 retroactively to January 2, 1992, and
will be reviewed annually.
