[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 8-4-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 59, Procurement Policy, adopted 5-18-1992.
The Village of Elmsford does hereby adopt the following procurement policies and procedures.
Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law § 103 and/or General Municipal Law § 104-b. Every Village officer, board member, department head or other personnel with the requisite purchasing authority (hereinafter "purchaser") shall estimate the cumulative amount of the items of supply or equipment needed on a given fiscal year. That estimate shall include the canvass of other Village departments and past history to determine the likely value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchasing activity.
All purchases of supplies or equipment which shall exceed $20,000 in the fiscal year, or public works contracts over $35,000 in the fiscal year, shall be formally bid pursuant to General Municipal Law § 103. Bids and offers submitted in an electronic format shall be transmitted by bidders and offerers to the receiving device designated by the Village Board. Any method used to receive electronic bids and offers shall comply with Article 3 of the State Technology Law. At a minimum they must:
Document the time and date of receipt of each bid and offer received electronically;
Authenticate the identity of the sender;
Ensure the security of the information transmitted;
Ensure the confidentiality of the bid or offer until the time and date established for the opening of bids or offers. The Village will not incur liability from delays or interruptions in the receiving device designated for the submission and receipt of electronic bids and offers.
For all estimated purchases of greater than $1,000 but less than $2,500, documented oral requests for proposals shall be offered in an attempt to procure three oral quotes from prospective vendors. For all estimated purchases of greater than $2,500 but less than $20,000, three documented written/fax/internet quotes will be required. See chart below.
For all estimated public works contracts of greater than $2,500 but less than $5,000, documented oral requests for proposals shall be offered in an attempt to procure three oral quotes from prospective vendors. For all estimated purchases of greater than $5,000 but less than $35,000, three documented written/fax/internet quotes will be required. See chart below.
Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral/internet quotes have been requested and the written/fax/oral/internet quotes offered.
All information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the purchaser prepares a written justification providing reasons why it is in the best interest of the Village and its taxpayers to make and award to other than the low bidder. In assessing the bidder the following factors should be considered: the bidder's ability to complete the contract, accountability, past performance, reliability, and integrity.
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 shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain proposals or quote be a bar to the procurement.
Pursuant to General Municipal Law § 104-b there may exist 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 interest of the Village of Elmsford:
Acquisition of professional services.
Emergencies, subject to the following criteria under General Municipal Law § 103(4):
Goods purchased from another governmental agency.
State and county contracts.
"Piggybacking" on certain other government contracts in accordance with General Municipal Law § 103(16).
This policy shall be reviewed annually by the Village Board at its organizational meeting or as soon thereafter as is reasonably practicable.