N.Y. GMU Law § 104-B — New York Code / Act GMU / Article 5-A / Section 104-B
Procurement policies and procedures
Status: in_force

§ 104-b. Procurement policies and procedures. 1. Goods and services\nwhich are not required by law to be procured by political subdivisions\nor any districts therein pursuant to competitive bidding must be\nprocured in a manner so as to assure the prudent and economical use of\npublic moneys in the best interests of the taxpayers of the political\nsubdivision or district, to facilitate the acquisition of goods and\nservices of maximum quality at the lowest possible cost under the\ncircumstances, and to guard against favoritism, improvidence,\nextravagance, fraud and corruption. To further these objectives, the\ngoverning board of every political subdivision and any district therein,\nby resolution, shall adopt internal policies and procedures governing\nall procurements of goods and services which are not required to be made\npursuant to the competitive bidding requirements of section one hundred\nthree of this article or of any other general, special or local law. In\ncities with a population of one million or more, the procurement policy\nboard shall develop and promulgate such policies and procedures by rule.\n  2. Such policies and procedures shall contain provisions which, among\nother things:\n  a. prescribe a procedure for determining whether a procurement of\ngoods and services is subject to competitive bidding and documenting the\nbasis for any determination that competitive bidding is not required by\nlaw;\n  b. provide that, except for procurements made pursuant to subdivision\nthree of section one hundred three or section one hundred four of this\narticle, section one hundred seventy-five-b of the state finance law,\nsection one hundred eighty-six of the correction law, or the policies\nand procedures adopted pursuant to paragraph f of this subdivision,\nalternative proposals or quotations for goods and services shall be\nsecured by use of written requests for proposals, written quotations,\nverbal quotations or any other method of procurement which furthers the\npurposes of this section;\n  c. set forth when each such method of procurement will be utilized,\ntaking into account which method will best further the purposes of this\nsection and the cost-effectiveness of the method;\n  d. require adequate documentation of actions taken in connection with\neach such method of procurement;\n  e. require justification and documentation of any contract awarded to\nother than the lowest responsible dollar offeror, setting forth the\nreasons such an award furthers the purpose of this section; and\n  f. identify the individual or individuals responsible for purchasing\nand their respective titles. Such information shall be updated\nbiennially.\n  g. set forth any circumstances when, or types of procurements for\nwhich, in the sole discretion of the governing body (or in the case of\ncities with a population of one million or more, the procurement policy\nboard), the solicitation of alternative proposals or quotations will not\nbe in the best interest of the political subdivision or district\ntherein.\n  3. Comments concerning the policies and procedures shall be solicited\nfrom officers of the political subdivision or district therein involved\nin the procurement process prior to the enactment of the policies and\nprocedures, and from time to time thereafter.\n  4. The governing board shall annually review its policies and\nprocedures. In the case of a city with a population of one million or\nmore, the annual review shall be the duty and responsibility of the\nprocurement policy board.\n  5. The unintentional failure to fully comply with the provisions of\nthis section shall not be grounds to void action taken or give rise to a\ncause of action against the political subdivision or district or any\nofficer or employee thereof.\n  6. Notwithstanding any other provisions of this section or any\nprovision of law, boards of education shall have the authority to\ninclude in the internal policies and procedures governing procurement of\napparel or sports equipment, where such procurement is not required to\nbe made pursuant to the competitive bidding requirements of section one\nhundred three of this article, a prohibition against the purchase of\napparel or sports equipment from any vendor based upon either or both of\nthe following considerations: (a) the labor standards applicable to the\nmanufacture of the apparel or sports equipment, including but not\nlimited to employee compensation, working conditions, employee rights to\nform unions, and the use of child labor; or (b) the bidder's failure to\nprovide information sufficient for boards of education to determine the\nlabor standards applicable to the manufacture of the apparel or sports\nequipment.\n