Bidding and Procurement Policy
The members of
the Newark Public Library Board of Trustees are the fiscal body of the Library.
serve without compensation.
This resolution sets the policy and procedures of the Newark Public Library
to meet the requirements of New York State General Municipal Law, section
104-b. Furthermore, this policy helps the Newark Board of Trustees and Director
meet their fiduciary obligations, avoids favoritism, and supports the regular
review of the library’s expenditures by the Board of Trustees. The Board of
Trustees adopts this policy to exercise good fiscal stewardship.
Goods and services that are not required by law to be procured pursuant to
competitive bidding must be procured in a manner as to assure the prudent and
economical use of public moneys 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 is adopting an internal policy 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.
PROCUREMENTS SUBJECT TO BIDDING
All purchases of supplies or equipment that will exceed $20,000 in the fiscal
year or public works contracts over $35,000 shall be formally bid, per the
requirements of General Municipal Law, Section 103.
EXEMPTIONS FROM QUOTATIONS/PROPOSALS REQUIREMENT
Alternative proposals or quotations for goods and services shall be secured by
use of either written requests for proposals, written quotations, oral
quotations or any other method of procurement that furthers the purposes of the
General Municipal Law, section 104-b, except for:
• Procurements made pursuant to General Municipal Law, section 103(3),
through county contracts, or section 104, through State contracts, State
Finance Law, section 163, Correction Law, sections 184 and 186 (from “preferred
sources,” including articles manufactured in correctional institutions)
• Purchases from agencies for the blind or severely handicapped
• Purchases of surplus and second-hand goods from any source
• Emergency purchases that are purchased immediately, the delay of which may
threaten the life, health, and safety or welfare of the staff and/or public.
• Sole source purchases, where a good or service provides a unique benefit to
the public, is available from a single supplier, and for which there are no
ITEMS EXCEPTED FROM THIS POLICY AND PROCEDURES BY THE BOARD
Pursuant to General Municipal Law, the procurement policy may contain
circumstances when, or types of procurement for which, at the sole discretion
of the governing body, the solicitation of alternative proposals or quotations
will not be in the best interest of the municipal entity. In the following
circumstances, it may not be in the best interests of the Newark Public Library
to solicit quotations or document the basis for not accepting the lowest bid.
In cases of professional services or services requiring special or technical
skill, training or expertise, the individual or company must be chosen 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.
In determining whether a service fits into this category, the Newark Public
Library shall take into consideration the following guidelines: a) whether the
services are subject to State licensing or testing requirements; b) whether
substantial formal education or training is a necessary prerequisite to the
performance of the services; and c) whether the services require a personal
relationship between the individual and library officials.
Professional or technical services shall include but not be limited to the
following: services of an attorney; 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; property management; and computer software or programming
services for customized programs or services involved in substantial
modification and customizing or pre-packaged software.
METHODS OF COMPETITION TO BE USED FOR NON-BID PROCUREMENT
The total aggregate cost of every prospective purchase of a good or service or
public work contract is evaluated to determine whether the aggregate cost in
the fiscal year reaches competitive bidding requirements. Purchases with
aggregate costs not rising to competitive bidding levels are authorized as follows:
• Purchases for goods and services estimated to cost $500 to $3,999 shall
require prior written approval of the Director.
• Purchases for goods and services estimated to cost $4,000 to $6,999 require
two quotations, one which is written, and the approval of the Director.
• Purchases for goods and services estimated to cost from $7,000 to $9,999
shall require two written quotations and the approval of the Director.
• Purchases for goods and services estimated to cost over $10,000 shall require
three written quotations and approval of the Board of Trustees.
• Public work contracts estimated to cost less than $4,999 shall require the
written approval of the Director.
• Public work contracts estimated to cost $5,000 to $9,999 shall require two
quotations, one which is written, and approval of the Director.
• Public work contracts estimated to cost $10,000 to $19,999 shall require two
written quotations or proposals and approval of the Board of Trustees.
• Public work contracts estimated to cost over $20,000 shall require three
written quotations or proposals and approval of the Board of Trustees.
A good faith effort shall be made to obtain the required number of quotations
or proposals. If the purchaser is unable to obtain the required number of
proposals or quotations, the purchaser shall document the attempt made at
obtaining the quotations or proposals. In no event shall the failure to obtain
the proposals be a bar to procurement.
The Director shall establish the necessary and reasonable procedures and
rules in the execution of this policy.
Catalog or online pricing cannot substitute for oral or written quotations.
AWARDS TO OTHER THAN THE LOWEST RESPONSIBLE DOLLAR OFFER
Whenever any contract is awarded to other than the lowest responsible dollar
offer, the reasons such an award furthers the purpose of General Municipal Law,
section 104(b), as set forth herein shall be documented as follows:
Notations and/or copies of all documents and notations of verbal or other
data justifying why any purchase is made from other than the lowest responsible
vendor or contractor submitting a complying quotation or proposal, as being in
the best interest of the Newark Public Library, shall be included with the
purchase records. If full compliance with this provision is not practical, a
written note of explanation shall be made and placed with the purchase records.
Circumstances under which the award may not be made to the lowest
responsible bidder include, but are not limited to:
• Bidder cannot guarantee delivery of goods or services within the time frame
or under the conditions established by the Library
• Bidder’s terms of payment are disadvantageous to the Library, ie full payment
before commencement of work or delivery of goods
• Bidder cannot comply with full specifications of goods or services as set
forth by the Library
• Bidder’s warranty for goods or services is deemed inadequate by the Library
• Bidder’s support services are deemed inadequate by the Library
The Board of Trustees shall annually review and, when necessary, update this
policy and procedures.
The Treasurer shall be responsible for conducting an annual evaluation of
the effectiveness of the procurement policy and procedures and the evaluation
of the control procedures established to ensure compliance with the procurement
policy, and shall be responsible for reporting to the Board.
UNINTENTIONAL FAILURE TO COMPLY
The unintentional failure to comply fully 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 Newark Public Library or any officer or
Adopted by the Newark Public Board of Trustees on July 10, 2014