Purchasing and Bidding Regulations

The following sets forth the procedures for the procurement of goods and services by the library:

  1. Definitions
    Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment
    Public Work Contract: a contract involving services, labor or construction
  2. General Municipal Law
    The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids.
    1. Method of Determining Whether Procurement is Subject to Competitive Bidding
      1. The library will first determine if the proposed procurement is a purchase contract or a contract for public work.
      2. If the procurement is either a purchase contract or a contract for public work, the library will then determine whether the amount of the annual procurement is above the applicable monetary threshold as set forth above.
      3. The library will also determine whether any exceptions to the competitive bidding requirements (as set forth below) exist.
    2. Contract Combining Professional Services and Purchase
      In the event that a contract combines the provision of professional services and a purchase, the library, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.
    3. Opening and Recording Bids; Awarding Contracts
      The Library Director will be authorized to open and record bids. Contracts will be awarded by the Board of Trustees to the lowest responsible bidder (as recommended by the Director), who has furnished the required security after responding to an advertisement for sealed bids.
    4. Documentation of Competitive Bids
      The library will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract.
      Proper written documentation will also be required when a contract is not awarded to the vendor submitting the lowest quote, setting forth the reasons therefore. That vendor may be given an opportunity to defend his product and/or reputation before the Board of Trustees.
  3. Exceptions to Competitive Bidding Requirements
    The library will not be subject to competitive bidding requirements when the Board of Trustees, in its discretion, determines that one of the following situations exists:
    1. Emergency situations where:

      However, when the Board passes a resolution that an emergency situation exists, the library will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances.
      Documentation: The library will maintain records of verbal (or written) quotes;

      1. The situation arises out of an accident or unforeseen occurrence or condition;
      2. A building, property, or the life, health, or safety of an individual on library property is affected; or
      3. The situation requires immediate action which cannot await competitive bidding.
    2. When there is only one possible source from which to procure goods or services required in the public interest.
      Documentation: The library will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.
  4. Quotes When Competitive Bidding Not Required
    Goods and services which are not required by law to be procured by the library through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies in the best interests of the taxpayers. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below
  5. Methods of Documentation
    1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor's representative;
    2. Written Quotations: vendors will provide, at a minimum, the date, description of the item or details of service to be provided, price quoted, name of contact. The library will maintain documentation consistent with Exhibit E.1 that will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation, if formal bidding is not required;
    3. Requests for Proposals: the library will contact a number of professionals (e.g., architects, engineers, accountants, lawyers, underwriters, fiscal consultants, etc.) and request that they submit written proposals. The RFPs may include negotiations on a fair and equal basis. The RFPs and evaluation of such proposals will consider price plus other factors such as:The library will then prepare a well-planned RFP which will contain critical details of the engagement, including the methods which it will use in selecting the service.
       
      1. the special knowledge or expertise of the professional or consultant service;
      2. the quality of the service to be provided;
      3. the staffing of the service; and
      4. the suitability for the library’s needs.
        The library will first locate prospective qualified firms by:
      5. asking inquiries of other libraries or other appropriate sources advertising in trade journals;
      6. checking listings of professionals.
  6. Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained
    The library will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible:
    1. Purchase Contracts up to $20,000
      1. Under $2,000: Three verbal quotes - selection of vendor is at the discretion of Library Director.
      2. Contracts from $2,000 to $20,000: Three written quotes. Documentation will include notations of verbal quotes.
    2. Public Work Contracts up to $35,000 as:
      1. Under $2,000: Three verbal quotes - selection of vendor is at the discretion of Library Director
      2. Contracts from $2,000 to $34,999 - Three written quotes. Documentation will include notations of verbal quotes.
    3. Reasonable attempts should be made to obtain the required number of quotes. In cases where less than the required number of quotes are received because of the lack of interest on the part of vendors, or the number of vendors dealing in the product is limited, the Library Director and Board of Trustees shall have the discretion to award the order based on the best quote from those that have been received.
    4. Emergencies: Verbal quotes - Documentation will include notations of verbal quotes.
    5. Professional Services: RFP - Documentation will include written proposals.
    6. Sole Source: Written or verbal quotes Documentation will include, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable, when compared to conventional methods.

      Notations of verbal quotes will be maintained by the library. In addition, the library will document that there is no possibility of competition for the procurement of the goods.

  7. Quotes Not Required When Competitive Bidding Not Required
    The library will not be required to secure alternative proposals or quotations for those procurements:
    1. Under a state contract;
    2. Under a county contract;
    3. From sources other than county or state contract provided that such product(s) are substantially similar in function and are lower in price or available under terms which are more economically efficient;
    4. Of articles manufactured in state correctional institutions; or
    5. From agencies for the blind and severely disabled.
      In addition, the library will not be required to secure such alternative proposals or quotations for:
    6. Emergencies where time is a crucial factor;
    7. Procurements for which there is no possibility of competition (sole source items);
    8. Procurements of professional services, which, because of the confidential nature of the services, do not lend themselves to procurement through solicitation; or
    9. Very small procurements when solicitations of competition would not be cost-effective.
  8. Procurements from Other than the "Lowest Responsible Dollar Offer"
    The library will provide justification and documentation of any contract awarded to an offer or other than the lowest responsible dollar offer or, setting forth the reasons why such award is in the best interests of the library and otherwise furthers the purposes of Section 104-b of the General Municipal Law.

 

Adopted by the Library Board of Trustees – February 26, 2019