Attachment #3 2007 5410R.1
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Non-Instruction/Business
SUBJECT:
Procurement Guidelines
This resolution sets forth the guidelines to meet the requirements of General Municipal Law, Section
104-b.
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 monies, 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 has adopted
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 any other general, special, or local law.
Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods and services is subject to
competitive bidding and determining that competitive bidding is not required by law is as follows:
1) The Board is required by law to award all purchase contracts for supplies, materials, and
equipment involving expenditures in excess of ten thousand dollars ($10,000) and all contracts for public
works in excess of twenty thousand dollars ($20,000) to the lowest responsible bidder after advertising
for public sealed bids.
2) When a contract involves acquisition of both goods and services, a judgment must be made as to
the primary purpose of the contract. If the services are minor, incidental, or customarily provided
by the vendor in connection with the goods purchased, the contract should be viewed as a
purchase contract. If the service component is extensive or predominant or involves special skills,
the contract should be treated as one for public works.
3) In determining the necessity for competitive bidding, the aggregate amount to be
expended during the fiscal year on an item or those of a similar nature (a “reasonable commodity
grouping”) must be considered. For example, office supplies or art materials would constitute an
appropriate grouping for bidding purposes.
Additionally, in determining whether the dollar requirements have been reached, allowances for any
trade-in related to the purchasing must be treated as an expenditure; the estimated gross cost of the
item is controlling. Net cost is relevant only to the determination of the low bid.
Attachment #3 2007 5410R.1
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Non-Instruction/Business
Estimated
Amount of Purchase Procedure/Requirements Responsibility
Less than $750 At least two (2) catalog or price Obtained by the originator. The
sheet comparisons. originator shall indicate on the
purchase requisition form the
basis for the determination that
the suggested vendor be used.
$751 - $1,500 Two (2) verbal quotations, name Obtained by the originator. The
Of vendor and date of quote. originator shall indicate on the
purchase requisition form the
basis for the determination that
the suggested vendor be used.
$1,501 - $4,000 Three (3) verbal or written Obtained by the school business
quotations, name of vendor official.
and date of quote.
$4,001 - $10,000 Three (3) formal written quotations. Obtained by the school business
official.
In excess of $10,000 Public advertised bids in Obtained by the school business
accordance with General official.
Municipal Law.
NOTE: 1) For products available under State contract, which are below the State contract price, no further quotes are required provided the product is the same brand and model number and below the $10,000 bid threshold.
2) When procurement can be accomplished through the following sources, competitive
Bidding or procedure requirements listed above are not required.
a. Under State Contract;
b. Under a County contract;
(Continued)
Attachment #3 2007 5410R.1
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Non-Instruction/Business
SUBJECT: PROCUREMENT
GUIDELINES (Cont’d.)
c. From State Correctional Institutions (Corrections Law Sections 184 and 186);
d. From State agencies for the blind and severely disabled (State Finance Law, Section
162);
e. Emergencies (General Municipal Law, Section 103[4]);
f. Sole source, professional services, true leases and insurance;
g. Second-hand equipment from another government agency.
Guidelines for Public Works Projects when competitive Bidding is Not
Required by Law
Estimated
Amount of Purchase Procedure/Requirement Responsibility
Less than $2,000 No quotation required. Originator must substantiate the
need and choice of contractor.
$2,001 - $20,000 Three (3) formal written quotations. Obtained by the school business
official.
In excess of $20,000 Public, advertised bids. Obtained by the school business
official.
Annual Review
Comments concerning the
policies and procedures shall be solicited from employees of the
The Board shall annually review these policies and procedures. The school business official 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 procurement policy.
Unintentional Failure to comply
The unintentional failure to
fully 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