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 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 Board of Education of the Fonda-Fultonville Central School District 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.
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 contracts), State Finance Law, Section 175-b (from Agencies for the blind or severely handicapped), Correction Law, Section 186 (articles manufactured in correctional institutions), or the items herein (see below), 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.
Method of Competition to be Used for Non-Bid Procurements:
1. Three verbal quotes are required for all orders over $2,000.00 and under $5,000.00.
2. Three written quotes are required for all orders over $5,000.00 up to the bid thresholds, which are $10,000.00 for commodities and $20,000.00 for public works contracts.
Documentation of actions taken in connection with each such method of procurement is required as follows:
Awards to Other Than Lowest Responsible Dollar Offerer:
Whenever any contract is awarded to other than the lowest responsible dollar offerer, the reasons such an award furthers the purpose of General Municipal Law, Section 104-b as set forth herein above shall be documented as follows:
1. If a contract is awarded to a vendor other than the lowest bidder, documented justification for such action must be made. Such an action can only be taken in accordance with Section 104-b of the General Municipal Law, or the exceptions noted in Section 103.
2. If there is any deviation from the above and foregoing policies, procedures and guidelines, such actions must be justified and should be presented in writing.
3. The written opinion of the Attorney for the District shall accompany any resolution awarding a bid to other than the lowest bidder. If the lowest bidder is not in compliance with the bid specifications, this would be sufficient justification.
Items Exempted from these Procedures by the Board:
The Board of Education sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the Board, the solicitation of alternative proposals or quotations would not be in the best interest of the Fonda-Fultonville Central School District:
1. Contracts for professional services.
2. Contracts for technical services.
3. Contracts for maintenance services.
Input from Officers:
Comments concerning the policies and procedures shall be solicited from the District Treasurer and District Clerk prior to the enactment of any policies and procedures, and will be solicited from time to time thereafter.
The Board of Education shall annually review these policies and procedures. The Business Manager 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 this General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Fonda-Fultonville Central School District or any officer or employee thereof.