Policy Information | ||||||||||||||||
Series Regulations - Regulations | ||||||||||||||||
PROCUREMENT GUIDELINES Policy # 6700R.1 |
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This resolution sets forth the guidelines to meet the requirements of General Municipal Law, Section 104-b.
Purpose
Goods and services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public monies, in the best interest of the taxpayers to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. To further these objectives, the governing Board has adopted internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or any other general, special or local law.
Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods and services is subject to competitive bidding and determining that competitive bidding is not required by law is as follows:
1) The Board is required by law to award all purchase contracts for supplies, materials and equipment involving expenditures in excess of twenty thousand dollars ($20,000) and all contracts for public works in excess of thirty-five thousand dollars ($35,000) to the lowest responsible bidder after advertising for public sealed bids.
2) When a contract involves acquisition of both goods and services, a judgment must be made as to the primary purpose of the contract. If the services are minor, incidental or customarily provided by the vendor in connection with the goods purchased, the contract should be viewed as a purchase contract. If the service component is extensive or predominant or involves special skills, the contract should be treated as one for public works.
3) In determining the necessity for competitive bidding, the aggregate amount to be expended during the fiscal year on an item or those of a similar nature (a "reasonable commodity grouping") must be considered. For example, office supplies or art materials would constitute an appropriate grouping for bidding purposes.
Additionally, in determining whether the dollar requirements have been reached, allowances for any trade-in related to the purchase must be treated as an expenditure; the estimated gross cost of the item is controlling. Net cost is relevant only to the determination of the low bid.
Guidelines for Purchasing Supplies and Equipment when Competitive Bidding is Not Required by Law
Estimated
Amount of Purchase Procedure/Requirements
Less than $1,000 At least two (2) catalog or price sheet comparisons.
$1,000-$5,000 Two (2) verbal quotations, name of vendor and date of quote.
$5,001 - $10,000 Three (3) verbal or written quotations, name of vendor and date of quote.
Responsibility
Obtained by the originator. The originator shall indicate on the purchase requisition form the basis for the determination that the suggested vendor be used.
Obtained by the originator. The originator shall indicate on the purchase requisition form the basis for the determination that the suggested vendor be used.
$10,001-$19,999
In excess of $20,000
Three (3) formal written quotations.
Public advertised bids in accordance with General Municipal Law.
Obtained by the School Business
Official/or assigned designee.
Obtained by the School Business
Official/or assigned designee.
NOTE:
1) For products available under State contract, which are below the State contract price, no further quotes are required provided the product is the same brand and model number and below the $20,000 bid threshold.
2) When procurement can be accomplished through the following sources,competitive bidding or procedure requirements listed above are not required.
a. Under State Contract;
b. Under a County contract;
c. From State Correctional Institutions (Corrections Law Sections 184 and 186);
d. From State agencies for the blind and severely disabled (State Finance Law, Section 162);
e. Emergencies (General Municipal Law, Section 103[4]);
f. Sole source, professional services, true leases and insurance;
g. Second-hand equipment from another government agency.
Guidelines for Public Works Projects when Competitive Bidding is Not Required by Law
Estimated
Annual Review
The Board/Audit Committee shall annually review these policies and procedures. The School Business Official shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
Unintentional Failure to Comply
The unintentional failure to fully comply with the provisions of General Municipal Law, Section
104-b, shall not be grounds to void action taken or give rise to a cause of action against the Marcus
Whitman Central School District or any officer or employee thereof.
Regulations - Regulations |