Section 104-b of the General Municipal Law, effective January
1, 1992, required all municipalities and districts therein to adopt
procurement policies for goods and services which are not required
by law to be publicly bid. This regulation sets forth standard City-wide
procedures for ordering and purchasing services and supplies.
A.
It is and shall remain the policy of the City that all City purchases
of goods and services shall be made without regard to the age, sex,
race, religion, color, national origin, physical handicap or political
affiliation of the vendor or provider of services.
B.
Provided quality and service are at least comparable, it is and shall
remain the policy of the City that all City purchases of goods and
services shall be made at the lowest possible price available.
C.
Provided quality, service and price are at least comparable, preference
in purchases will be given to vendors who have a place of business
within the City limits of Ogdensburg.
A.
Every purchase made will 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 severely handicapped; 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 or a memo from the purchaser detailing the circumstances
which led to an emergency purchase.
C.
All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to Subsection G of this policy, 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.
D.
Method of purchase.
[Amended 9-13-2010 by
Council resolution]
(1)
The following method of purchase will be used in order to achieve the highest savings, except purchase contracts under $20,000 and public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; or purchases pursuant to Subsection G of this policy:
|
Estimated Amount of Purchase Contract
|
Method
|
|---|---|
|
$250 to $2,999
|
2 verbal quotations
|
|
$3,000 to $19,999
|
3 written/fax quotations or written request for proposals
|
|
Estimated Amount of Public Works Contract
|
Method
|
|---|---|
|
$250 to $2,999
|
2 verbal quotations
|
|
$3,000 to $4,999
|
2 written/fax quotations
|
|
$5,000 to $34,999
|
3 written/fax quotations or written request for proposals
|
(2)
A good faith effort shall be made to obtain the required number of
alternate proposals. If the purchaser is unable to obtain the required
number of alternate proposals, the purchaser will document the attempt
made at obtaining the proposals. But, in no event shall the failure
to obtain the proposals be a bar to the procurement.
E.
Documentation is required of each quotation or proposal taken in
connection with each procurement.
F.
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.
The purchaser will be responsible for determining if the offeror is
responsible.
G.
In the following circumstances it is not in the best interests of
the City of Ogdensburg to solicit quotations or document the basis
for not accepting the lowest bid. In these circumstances, the individual
or company must be chosen based on accountability, reliability, responsibility,
skill, education and training, judgment, integrity, moral worth and
the ability to have a close relationship with the governing body.
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. The citizens of the municipality deserve the benefit of
expertise in these types of services as it may ultimately save the
taxpayers money.
(1)
Service of an attorney.
(2)
Services of a physician.
(3)
Technical services of an engineer or architect engaged to prepare
plans, maps, estimates or other technical consultant services.
(4)
Securing insurance coverage and/or services of an insurance broker.
(5)
Services of a certified public accountant.
(6)
Investment management services.
(7)
Printing services involving extensive writing, editing or art work.
(8)
Management of municipally owned property.
(9)
Computer software or programming services for customized programs,
or services involved in substantial modification and customizing of
pre-packed software, planning and encoder consultants and grant preparation
services.
(10)
Planning and economic development consultants; grant preparation
services.
(11)
Services of a surveyor.
H.
In addition, in the following situations it is not in the best interests
of the municipality to secure alternate proposals because of the time
required and type of purchase:
I.
Piggybacking. General Municipal Law § 103(16) allows procurement
of certain goods (including apparatus, materials, equipment and supplies)
and services through contracts let by the United States or any agency
thereof, any state or any other political subdivision or district
therein, if such contract was let in a manner consistent with competitive
bidding, and has been made available for use by other governmental
agencies. Approval for the use of "piggybacking" will be through the
City Manager in collaboration with the City Attorney.
J.
Best value. Pursuant to General Municipal Law § 103(1)
purchase contracts or public works contracts (except those subject
to New York State Labor Law Article 8) may be awarded on the basis
of the Best Value to the Offeror that optimizes quality, cost and
efficiency, among responsive and responsible Offerors. Best Value
solicitations shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted. The Basis of Award of the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criterion to be considered by a Procuring Agency in its determination
of Best Value. The evaluation may also identify a quantitative factor
for small businesses or certified minority-or women-owned business
enterprises, as defined in Executive Law § 300 (1), (7),
(15) and (20). The basis of Award shall reflect, wherever possible,
objective and quantifiable analysis. Documentation in the Procurement
Record shall, where practicable, include a quantification of the application
of the evaluation criteria to the rating of proposals and the evaluation
results, or, where not practicable, such other justification which
demonstrates that Best Value will be achieved. If Best Value is authorized
as a procurement method eligible for piggybacking consideration, then
any potential piggyback contract should be evaluated for substantial
compliance with the above. All procurements based upon Best Value
are subject to review and/or approval by the City Manager or their
designee.
K.
This policy shall go into effect January 1, 1992, and will be reviewed
annually.
[Added 6-16-2008 by Ord.
No. 5-2008]
A.
Subject to the approval of the City Attorney as to form and content,
the City Manager is authorized to enter into contracts with banking
institutions or credit card companies to secure the issuance of credit
cards in the name of the City of Ogdensburg. Further, subject to the
approval of the City Attorney as to form and content, the City Manager
is authorized to take such incidental action as may be necessary to
carry out the terms of this regulation, including the execution of
any agreements or extension agreements or continuing agreements with
a bank or credit card issuer that may be necessary. Said cards shall
be available for use by designated persons as hereinbelow set forth.
B.
The City Comptroller shall have control of any and all credit cards.
All credit cards will be kept under the direct supervision of the
City Comptroller and shall be made available to officials/employees
deemed appropriate by the City Manager or the City Comptroller.
C.
The City Manager of the City of Ogdensburg or the City Comptroller
shall have the authority to authorize the use of credit cards for
purchases and expenditures set forth herein and such other purchases
and expenditures authorized by the City Council of the City of Ogdensburg.
D.
Subject to the further authorization of the City Manager or the City
Comptroller, City credit cards are approved for use to satisfy the
expenses associated with the purchase of the following goods, supplies,
services and expenditures:
(1)
Office supplies and forms.
(2)
Books and subscriptions.
(3)
Computer supplies.
(4)
Hardware tools.
(5)
Spare parts.
(6)
Maintenance, repair and operating expenses.
(7)
Material expenses.
(8)
Travel, travel reimbursement and meal/lodging expenses.
(9)
Any other expenses authorized by the City Manager of the City
of Ogdensburg not exceeding $1,500 per purchase.
E.
The following are unauthorized credit card purchases:
F.
Use of City credit cards shall be subject to the following:
(1)
City credit cards may only be used when there is no alternative
method of payment available or when use of the credit card will result
in a discounted purchase price.
(2)
Officials/employees shall retain all receipts for the items
purchased and, immediately upon purchase, provide the same to the
City Comptroller.
(3)
Officials/employees shall insure that all transactions are legitimate
purchases made on behalf of the City of Ogdensburg.
(4)
Officials/employees shall be required to complete all requests
for authorization for expenditures and submit the same to the supervisor
together with claims and adequate supporting documentation that the
expenses were incurred in accordance with City policy.
(5)
Any illegal, inappropriate, improper or unauthorized use of
a credit card shall require payment by the official/employee incurring
the expense and may result in disciplinary or other action against
the official/employee.
(6)
Purchases, payments, travel and other actual and necessary expenses
for which a credit card is used shall be incurred in accordance with,
and shall be subject to, all laws, rules, and regulations applicable
to municipal charges incurred by the City of Ogdensburg, its officers
and employees.
(7)
If the City Comptroller determines that charges are appropriate
as submitted, the credit card statement shall be processed for payment
in a timely fashion so as to avoid any finance charges. If the City
Comptroller shall determine that there are improper, illegal or unauthorized
charges, he/she shall immediately notify the City Manager who shall
investigate and take appropriate action.
(8)
Officials/employees using City credit cards shall document each
purchase with supporting receipts and a detailed itemization of all
charges, noting the official/employee who has incurred said charges
and the official/employee who authorized said charge.
(9)
Any lost or stolen credit cards shall be reported immediately
to the City Comptroller.
(10)
For any orders placed by phone, fax, mail or e-mail, a receipt
must be requested detailing the merchandise purchased, price, freight,
shipping, etc., and must be included with the goods mailed or shipped.
