Every prospective purchase of goods or services shall be evaluated to
determine the applicability of General Municipal Law § 103. Every
village officer, board, 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 in a given fiscal year.
That estimate shall include the canvass of other village departments and past
history to determine the likely yearly 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 purchase activity.
All purchases of supplies or equipment which will exceed $10,000 in
the fiscal year or public works contracts over $20,000 shall be formally bid
pursuant to General Municipal Law § 103.
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 an award to other than the low bidder. If a bidder is not deemed responsible,
facts supporting that judgment shall also be documented and filed with the
record supporting the procurement.
A good faith effort shall be made to obtain the required number of proposals.
If the purchaser is unable to obtain the required number of proposals, the
purchaser shall document the attempt made. In no event shall the inability
to obtain the proposals be a bar to the procurement.
Except when directed by the Board of Trustees, no solicitation of written
proposals or quotations shall be required under the following circumstances:
A. Acquisition of professional services.
D. Goods purchased from agencies for the blind or handicapped.
E. Goods purchased from correctional facilities.
F. Goods purchased from other governmental agencies.
G. Goods purchased at auction.
The unintentional failure to fully comply with the provisions of General
Municipal Law § 104-b shall not be grounds to void action taken
or give rise to a cause of action against the Village of Fultonville or any
officer or employee thereof.
The Board of Trustees shall annually review these policies and procedures.