NY Gen Mun L § 104-B (2021)
2021 New York Laws GMU - General Municipal Article 5-A - Public Contracts 104-B - Procurement Policies and Procedures.

§  104-b.  Procurement  policies and procedures. 1. Goods and services   which are not required by law to be procured by  political  subdivisions   or  any  districts  therein  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 interests of the taxpayers of the political   subdivision or district, 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 of every political subdivision and any district therein,   by resolution, shall adopt 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 section one hundred   three of this article or of any other general, special or local law.  In   cities  with a population of one million or more, the procurement policy   board shall develop and promulgate such policies and procedures by rule.2. Such policies and procedures shall contain provisions which,  among   other things:a.  prescribe  a  procedure  for  determining whether a procurement of   goods and services is subject to competitive bidding and documenting the   basis for any determination that competitive bidding is not required  by   law;b.  provide that, except for procurements made pursuant to subdivision   three of section one hundred three or section one hundred four  of  this   article,  section  one  hundred seventy-five-b of the state finance law,   section one hundred eighty-six of the correction law,  or  the  policies   and  procedures  adopted  pursuant  to  paragraph f of this subdivision,   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 this section;c.  set  forth  when each such method of procurement will be utilized,   taking into account which method will best further the purposes of  this   section and the cost-effectiveness of the method;d.  require adequate documentation of actions taken in connection with   each such method of procurement;e. require justification and documentation of any contract awarded  to   other  than  the  lowest  responsible  dollar offeror, setting forth the   reasons such an award furthers the purpose of this section; andf. identify the individual or individuals responsible  for  purchasing   and   their   respective  titles.  Such  information  shall  be  updated   biennially.g. set forth any circumstances when,  or  types  of  procurements  for   which,  in  the sole discretion of the governing body (or in the case of   cities with a population of one million or more, the procurement  policy   board), the solicitation of alternative proposals or quotations will not   be  in  the  best  interest  of  the  political  subdivision or district   therein.3. Comments concerning the policies and procedures shall be  solicited   from  officers of the political subdivision or district therein involved   in the procurement process prior to the enactment of  the  policies  and   procedures, and from time to time thereafter.4.  The  governing  board  shall  annually  review  its  policies  and   procedures. In the case of a city with a population of  one  million  or   more,  the  annual  review  shall  be the duty and responsibility of the   procurement policy board.5. The unintentional failure to fully comply with  the  provisions  of   this section shall not be grounds to void action taken or give rise to a    cause  of  action  against  the political subdivision or district or any   officer or employee thereof.6.  Notwithstanding  any  other  provisions  of  this  section  or any   provision of law, boards  of  education  shall  have  the  authority  to   include in the internal policies and procedures governing procurement of   apparel  or  sports equipment, where such procurement is not required to   be made pursuant to the competitive bidding requirements of section  one   hundred  three  of  this  article, a prohibition against the purchase of   apparel or sports equipment from any vendor based upon either or both of   the following considerations: (a) the labor standards applicable to  the   manufacture  of  the  apparel  or  sports  equipment,  including but not   limited to employee compensation, working conditions, employee rights to   form unions, and the use of child labor; or (b) the bidder's failure  to   provide  information sufficient for boards of education to determine the   labor standards applicable to the manufacture of the apparel  or  sports   equipment.