[HISTORY: Adopted by the Board of Trustees of the Village of Montebello
by Res. No. 92-56. 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: purchase contracts
under $10,000 and public works contracts under $20,000; emergency purchases;
certain municipal hospital 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, a memo
from the purchaser detailing the circumstances which led to an emergency purchase,
or any other written documentation that is appropriate.
[Amended 6-22-2005 by L.L. No. 4-2005]
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: purchase contracts
over $10,000 and public works contracts over $20,000; goods purchased from
agencies for the blind or severely handicapped pursuant to § 175-b
of the State Finance Law;[1] goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to § 103, Subdivision 3 of the General Municipal Law; or purchases pursuant to § 25-6 of this chapter.
[1]
Editor's Note: Section 175-b of the State Finance Law was repealed
by L. 1995, c. 83.
A.
The following method of purchase will be used when required
by this policy in order to achieve the highest savings:
(1)
Purchase contract.
|
Estimated Amount
of Purchase Contract
|
Method
| |
|---|---|---|
|
$500 - $2,999
|
2 verbal quotations
| |
|
$3,000 - $9,999
|
3 written/fax quotations or written request for proposals
|
(2)
Public works contract.
|
Estimated Amount of
Public Works Contract
|
Method
| |
|---|---|---|
|
$500 - $2,999
|
2 verbal quotations
| |
|
$3,000 - $4,999
|
2 written/fax quotations
| |
|
$5,000 - $19,999
|
3 written/fax quotations or written request for proposals
|
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.
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 be not in the best
interests of the Village of Montebello 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.
(1)
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.
(2)
In determining whether a service fits into this category, the
Board of Trustees shall take into consideration the following guidelines:
whether the services are subject to state licensing or testing requirements;
whether substantial formal education or training is a necessary prerequisite
to the performance of the services; and 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
or architect 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 of prepackaged software.
B.
Emergency purchases 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 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.
This policy shall go into effect immediately and will be reviewed annually.
