Policy Type

This policy sets forth the principles and procedures of the Central Islip Public Library to meet the requirements of General Municipal Law, Section 104-b.

1. 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 moneys, in the best interests 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 Board of Trustees of the Central Islip Public Library is adopting 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 of any other general, special or local law.

 

2. Determining Whether Procurements are Subject to Formal Bidding

a. All purchase contracts for commodities or services which can reasonably be expected to exceed TWENTY-THOUSAND DOLLARS ($20,000) during a given fiscal year shall be subject to competitive bidding pursuant to Section 103 of General Municipal Law.

b. All contracts for public work which can reasonably be expected to exceed THIRTY-FIVE THOUSAND DOLLARS ($35,000) shall be subject to competitive bidding pursuant to Section 103 of General Municipal Law.

c. The following types of procurements are not required to be competitively bid under Section 103 of General Municipal Law:

  • Purchases made directly from a qualified contract let by: the New York State Office of General Services; any Suffolk County agency; any preferred source as defined by the State Finance Law; any other qualified Public Authority or qualified Public Benefit Corporation.
  • Work or services by public utilities regulated by the New York State Public Service Commission, for which the rates have been established in accordance with the provisions of Public Service Law.
  • Procurement of professional services. For the purposes of this section, professional services shall mean those services involving a relationship of trust and confidence that require specialized skills.
  • Operating Leases. Documentation shall include written quotations and a cost-benefit analysis of leasing versus purchasing.
  • Insurance. Documentation shall include specifications, awarding resolution, and documented quotations.

 

3. Statutory Exceptions From These Policies and Procedures

Except for procurements made pursuant to General Municipal Law, Section 103(3) (through county contracts) or Section 104 (through state contract), State Finance Law, Section 175-b (from agencies for the blind or other severely handicapped, special employment programs for the mentally ill or veteran’s workshops), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items excepted herein, alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b.

 

4. Non-Bid Procurements

  • The Library Director, or such designee as may be appointed, is authorized to make purchases on behalf of the Library for commodities and services valued at FIVE THOUSAND DOLLARS ($5,000) or less without prior approval from the Board of Trustees and without the solicitation of alternative proposals or quotations.
  • The Library Director, or such designee as may be appointed, is authorized to make purchases on behalf of the Library for commodities and services valued between FIVE THOUSAND DOLLARS ($5,000) and TEN THOUSAND ($10,000) without the prior approval of the Board of Trustees, from the lowest dollar estimate, provided at least three (3) verbal quotations are solicited.
  • The Library Director is authorized to make purchases on behalf of the library for commodities and services valued between TEN THOUSAND DOLLARS ($10,000) and THIRTY-FIVE THOUSAND ($35,000) with the prior approval of the Board of Trustees, from the lowest dollar estimate and provided at least three (3) written quotations are received, or
  • In an emergency with prior approval from the highest elected Board Officer available for conference (in order, Board President, Vice-President, Secretary, Trustee). An emergency situation is defined as an issue of public safety, staff safety and building safety.

 

5. Documentation For Non-Bid Procurements

  • Verbal Quotations: The record should include at a minimum the date of the quotation, item or service desired, price quoted, name of vendor, and name of vendor’s representative.
  • Written Quotations: Vendors should provide at minimum the date of the quotation, description of items or details of service to be provided, price quotation, and name of contact. Quotations transmitted by telefacsimile are acceptable provided such transmissions include the aforementioned information.
  • Requests For Proposals: The Library shall award contracts for professional services only after an appropriate number of professionals are contacted directly asking for the submission of written proposals. Requests for proposals and evaluations of proposals can consider price and other factors such as experience, staffing, and suitability for needs and may include negotiations on a fair and equal basis.

 

6. Awards to Other Than Lowest Estimate

a. Whenever any award is made to other than the lowest dollar estimate, the reasons such an award is made should be documented thus:

  • A memorandum to the file that details how the award meets the statutory criteria for awards to other than the lowest dollar estimate.
  • Record of vendors contacted and price quotations received.

 

7. Annual Review

The Board of Trustees shall annually review these policies and procedures. The Library Director 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.

 

8. Unintentional Failure to Comply

The unintentional failure to 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 Central Islip Public Library or any officer or employee thereof.

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