Procurement Policy
Approved by the Kingston Library Board on September 15, 2011
This resolution sets forth the policy and procedures of the Kingston Library District to meet requirements of General Municipal Law (GML), section 104-b.
A. Purpose
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 any other general, special or local law. To honor our commitment to our Climate Smart Pledge, Kingston Library will consider purchasing and using environmentally friendly or “green” products when we are able to do so in a fiscally responsible manner.
B. Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods or services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows:
C. Statutory Exceptions from Quotations/Proposals Requirements of This Policy and Procedures
Except for procurements made pursuant to GML, section 103(3) (through county contracts) or section 104 (through State contract), State Finance Law, section 162, Correction Law, Sections 184 and 186 (from “preferred sources,” including articles manufactured in correctional institutions), or the items excepted herein (see above), alternative proposals or quotations for goods and services shall be secured by use of either written requests for proposals, written quotations, verbal quotations or any other method or procurement that furthers the purposes of the GML, section 104-b in accordance with the guidelines below for methods of competitions.
D. Standardization of Materials or Equipment
From time to time, the Board of Trustees may establish standardization criteria for certain materials or equipment in the public interest. Such standardization criteria will be reevaluated at least bi-annually. An example would be computer equipment where operational maintenance and efficiency are maximized by consistency in manufacturer equipment and software. While standardization criteria may be adopted, procedures for competition in procurement still apply.
E. Methods of Competition to be Used for Non-Bid Procurements
The minimum procedures to be used are as follows for all non-bid procurements that are not exceptions due to the nature of the goods or services:
F. Adequate Documentation
Documentation of actions taken in connection with each such method of procurement is required as follows:
G. Awards to Other than the Lowest Responsible Dollar Offerer
Whenever any contract is awarded to other than the lowest responsible dollar offerer, the reasons that such an award furthers the purpose of GML, section 104-b, as set forth herein above, shall be documented by including specific facts and details of prior history or other criteria used to determine that it was not in the public interest to award to the lowest bidder.
H. Items excepted from this Policy and Procedures by the Board of Trustees
The Board of Trustees sets forth the following circumstances when, or types of procurements for which, in the sole discretion of this governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the Kingston Library District.
I. Individuals Responsible for Purchasing
J. Insufficient Appropriations
No individual responsible for purchasing should order any goods or services for which there are no available funds in the budget/appropriation line for such purchase. If a budget modification is deemed necessary by the library Director to enable a purchase and it is submitted to the Board of Trustees for consideration, no order should be placed until the Board takes positive action on such on the budget modification request. The Board may decide not to take action on a requested budget modification in accordance with their authority and responsibility. Without adequate appropriations, there is no authority to make a purchase by ordering goods or services.
K. Ethics and Conflict of Interest
Since “procurement is a function where the provate and public sectors meet to conduct business,” it is critical that all employees, trustees and officers “maintain high ethical standards of conduct and avoid situations where there is even the appearance of impropriety.” [1] The Kingston Library District requires notification of potential conflicts of interest of its employees, trustees and officers in procurement. Prohibited interests are avoided. In the event that a conflict or potential conflict of interest is identified, the Board of Trustees will review the situation and take action as appropriate.
L. Input from the Library Director
Comments have been solicited from the Director of the Kingston Library District involved in the procurement process prior to the enactment of this policy and procedures, and will be solicited from time to time hereafter.
M. Annual Review
N. Unintentional Failure to Comply
The unintentional failure to comply fully with the provision of GML, section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Kingston Library District of any trustee/officer or employee thereof.
O. Resolution
Adopted on August 20, 2009 by a unanimous vote of the Board of Trustees of the Kingston Library District.
References