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:
A. Document the time and date of receipt of each bid and offer received
electronically;
B. Authenticate the identity of the sender;
C. Ensure the security of the information transmitted;
D. 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.
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:
A. Acquisition
of professional services.
B. Emergencies,
subject to the following criteria under General Municipal Law § 103(4):
(1) The situation arises out of an accident or other unforeseen occurrence
or condition;
(2) The circumstances affect public buildings, public property or life,
health, safety or property of Village residents; and
(3) The situation requires immediate action, which cannot await competitive
bidding.
D. Goods
purchased from another governmental agency.
G. State and county contracts.
H. "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.