Public Bidding and Contracts

• Pages: 509-580
• Author: Raymond S. Diraddo

PUBLIC BIDDING

AND CONTRACTS

CHAPTER 8

PUBLIC BIDDING

AND CONTRACTS

PUBLIC BIDDING

AND CONTRACTS

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PUBLIC BIDDING

AND CONTRACTS

8-3 Public Bidding and Contracts §8:20

§80:10 PUBLIC POLICY

The board of re commissioners has the respon-

sibility of purchasing items which are required for the

operation of the re district, including purchasing the

apparatus and equipment necessary to protect district

residents as well as providing for the care and upkeep

of its re stations. It is the policy of the State of New

York that contracts for the purchase of equipment or

apparatus and contracts for public works—dened as

the erection, construction, reconstruction or alteration

of buildings of the district—be governed by certain

requirements. The reason for the requirements is to

assure the taxpayers of the prudent and economical

use of public money and to ensure that the products

purchased or the facility being built achieves maximum

quality at the lowest possible cost. General Municipal

Law §100-a. The type of project and the cost of the

purchase or project determine the procedures that are

followed. General Municipal Law §103.

§8:20 MONETARY LIMITS

§8:20.1 Public Work Thresholds

Currently, all contracts for public works involving

an expenditure of more than $35,000 must be awarded

to the lowest responsible bidder, after an advertisement

for sealed bids. A contract for public works is dened as

agreements for the erection, construction, reconstruction

or alteration of buildings. What is or is not a public work

and payment of prevailing wages and how it impacts

volunteers is addressed at the end of this chapter.

§8:20.2 Material and Apparatus

Purchases and Service Work

Any purchase of materials involving an expendi-

ture of more than twenty thousand dollars ($20,000)

must be awarded to the lowest responsible bidder

after advertisement for sealed bids. Purchase contracts

include contracts for service work, but do not include

any purchase contracts necessary for the completion of

a public works contract under Labor Law Article 8. Such

purchase contracts shall be awarded to a responsive and

responsible bidder or oerer on the basis of best value.

The purchase by a re district of a re-ghting vehi-

cle from its re department at a cost in excess of $20,000

is subject to the competitive bidding. General Municipal

Law §103; Opinion of the State Comptroller 86-67.

Even though the re district used money specif

-

ically bequeathed for the purchase of a re-ghting

vehicle, the purchase is subject to competitive bidding

requirements. Opinion of the State Comptroller 81-187.

When a re district acquires new equipment from

a re company in exchange for old equipment, this

transaction is to be viewed as a purchase by the re

district, subject to competitive bidding requirements.

26 Opinion of the State Comptroller 17, 1970.

§8:20.2.1 Best Value

Best value is the basis for awarding contracts for

services to the oerer which optimizes quality, cost, and

eciency, among responsive and responsible oerers.

Such basis shall reect, wherever possible, objective

and quantiable analysis. Such basis may also identify a

quantitative factor for oerers that are small businesses

or certied minority- or women-owned business enter-

prises. In evaluation of oers of awarding contracts for

services, the Board of Fire Commissioners may make

use of best value for awarding a purchase contract pro-

vided that best value must be authorized, in the case of

a re district by rule, regulation, or resolution adopted

at a public meeting.

In any case where a responsible bidder’s or respon-

sible oeror’s gross price is reducible by an allowance

for the value of used machinery, equipment, apparatus

or tools to be traded in by the re district the gross price

shall be reduced by the amount of such allowance, for

the purpose of determining the best value.

§8:20.2.1.1 Authorize by Resolution

or Regulation

Fire Districts must rst authorize the use of “best

value” by rule, regulation, or resolution adopted at a

public meeting.

§8:20.2.1.2 Best Value Defined

“Best value” is dened as those contracts which

optimize quality, cost, and eciency, among responsive

and responsible bidders or oerers.

§8:20.2.1.3 Non-Price Considerations

To determine best value, non-price factors can be

considered by the board of ve commissioners when

awarding the purchase contract. These non-price factors

include, but are not limited to:

1) reliability of a product

2) eciency of operation

3) diculty/ease of maintenance

4) useful lifespan

5) ability to meet needs regarding timeliness of

performance

6) experience of a service provider with similar

contracts