All goods and services not requiring competitive bidding 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: goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; 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 §
35-6 of this policy.
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. The documentation will include an explanation of how the
award will achieve savings or how the offeror was not responsible.
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
Spring Valley to solicit quotations or document the basis for not
accepting the lowest bid:
A. Professional service or services requiring special
or technical skill, training or expertise.
(1) The individual 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 of the Village of Spring Valley 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 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 subsection does not preclude
alternate proposals if time permits.
C. Purchases of surplus and secondhand goods. If alternative
proposals are required, the Village of Spring Valley 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 two hundred fifty dollars
($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.