2006 New York Code - 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; and
    f. 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.