Except as otherwise provided by law, all contracts for public work involving an expenditure of more than thirty-five thousand dollars ($35,000) and all purchase contracts involving an expenditure of more than twenty thousand dollars ($20,000) shall be awarded by the District to the lowest responsive and responsible bidder furnishing the required security after advertisement for sealed bids.
However, the District may, in its discretion, award purchase contracts on the basis of “best value” to a responsive and responsible bidder or offerer, provided the Board of Education has authorized such action by rule, regulation or resolution adopted at a public meeting. These include contracts for service work, but exclude contracts necessary for the completion of public works contract covered by the prevailing wage provisions of article 8 of the Labor Law, such as for building construction. Best value is a basis for awarding purchasing contracts to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall be, wherever possible, quantifiable (State Finance Law 163(1)(j)).
No bid or offer shall be accepted that does not conform to specifications furnished unless such specifications are waived by Board action. The District may, in its discretion, reject all bids or offers and re-advertise for new bids or offers in a manner consistent with New York State law.
All contracts requiring public advertising and competitive bidding or offering will be awarded by resolution of the Board.
The Board authorizes the receipt of sealed bids for purpose contracts in electronic format, pursuant to the provisions of General Municipal Law §103(1) which addressed proper documentation, authentication, security, and confidentiality of electronic bids.
Except as authorized by law, no Board member or employee of the School District shall have an interest in any contract entered into by the School District.
Standardization
Upon the adoption of a standardization resolution by a vote of at least three-fifths (3/5) of all Board members, purchase contracts for a particular type or kind of equipment, materials or supplies of more than twenty thousand dollars ($20,000) may be awarded by the Board to the lowest responsive and responsible bidder or offerer furnishing the required security after advertisement for sealed bids in the manner provided in law. Such resolution must state that, for reasons of efficiency or economy, there is a need for standardization and must contain a full explanation of those reasons. Upon the adoption of a valid standardization resolution, the District may provide in its specifications for a particular make or brand to the exclusion of others.
“Piggybacking” Exception to Competitive Bidding
The District may, in its discretion, purchase certain goods and services (apparatus, materials, equipment and supplies) at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision or district of any state.
This method of procurement is permitted on contracts issued by other governmental entities, provided that the original contract:
a) Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district therein;
b) Was made available for use by other governmental entities and agreeable with the contract holder; and
c) Was let in a manner that constitutes competitive bidding consistent with New York State law, or was awarded on the basis of best value, and is not in conflict with other New York State laws.
Annual Review
Comments concerning the District’s bidding and purchasing policies and procedures will be solicited from those District employees involved in the procurement process from time to time.
The Board of Education will annually review its bidding and purchasing policies and procedures. The School Business Official will be responsible for conducting an annual review of such policies and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
General Municipal Law Articles 5-A and 18
State Finance Law Sections 162, 163 and 163-b
NOTE: Refer also to Policies #5411 — Procurement of Goods and Services
#5412 — Alternative Formats for Instructional Materials
Adopted June 7, 2016
Updated April 27, 2020