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5A-1 ALBANY COMMUNITY DEVELOPMENT AGENCY PROCUREMENT POLICY SECTION 1. PURPOSE AND AUTHORITY. The purpose of this policy is to outline the procurement policy of Albany Community Development Agency (the “Agency”). SECTION 2. SECURING GOODS AND SERVICES. All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that unfair preference will be avoided, except in the following circumstances: purchases costing less than $3,000; goods or services offered by the New York State Office of General Services on the list of preferred sources; purchases under State contracts pursuant to Section 104 of the General Municipal Law; or, purchases under county contracts pursuant to Section 103(3) of the General Municipal Law. SECTION 3. METHOD OF PURCHASE. General. The following method of purchase will be used when required by this policy in order to achieve the highest savings: Dollar Limits For Commodities, Equipment and Goods Method $1 - $3,000 At discretion of purchaser. $3,001-$3,999 Documented and written telephone quotes from at least three separate vendors (if available). $4,000-$9,999 Written quotes from at lease three separate vendors (if available). $10,000-$19,999 Formal written and phone quotes from at least five separate vendors (if available) are required $20,000 and up Sealed bids in conformance with General Municipal Law, Section 103 ---PAGE BREAK--- 5A-2 Dollar Limits for Public Works Projects/Construction Method $1 - $5,000 Written responses via sealed envelope. A minimum of 2 minority and 2 non-minority contractors, if available, must be invited to submit proposals. $5,001 and above Invitations to bid placed in publically accessible locations for period of 14 days to be responsed via written sealed bid. Bids will not be accepted if the bidder does not attend the mandatory viewing of the project site. Minorities contractors will be encouraged to bid. Dollar Limits for Professional Services/Consultants Method $1 - $5,000 Annual charge will be at the discretion of the Commissioner of the Agency. $5,001-$14,999 Prices will be obtained by formal written quotes from at least two sources, and the award will be at the discretion of the Commissioner of the Agency. $15,000-$19,999 Prices will be obtained by formal written quotes from at least three sources, and the award will be at the discretion of the Commissioner of the Agency. $20,000 and up Prices will be obtained by RFP with the award of the contract being made by the ACDA Board. Number of Proposals or Quotations. A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. So long as a good faith attempt is made to obtain proposals, the failure to obtain the proposals will not be a bar to the procurement. ---PAGE BREAK--- 5A-3 Documentation. Documentation must be maintained in connection with each instance of procurement. Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible bidder. SECTION 4. PROFESSIONAL SERVICES AND CONSULTANTS In determining whether a service fits into this category, the Agency shall take into consideration the following guidelines: whether the services are subject to State licensing or testing requirements; whether substantial formal education or training is a necessary prerequisite to the performance of the services; and whether the services require a personal relationship between the individual and agency members. Professional or technical services shall include but not be limited to the following: services of an attorney (including bond counsel); services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; real estate brokerage services; appraisers; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software. SECTION 5. EXCEPTIONS TO PROCUREMENT POLICY Emergency Purchases. An emergency exists wherein the delay caused by soliciting quotes would endanger the health, welfare or property of the agency. Emergency purchases may be made without bid or even contract depending on the circumstances. All emergency purchases shall be certified by the ACDA Board and coordinated with the Commissioner of ACDA and Corporation Counsel. Purchases of Secondhand Goods. Purchases of surplus and second-hand goods may be purchased from any source. It is difficult to try to compare prices of used goods and a lower price may indicate an older product. SECTION 6. Equal Employment Opportunities for Minority Group Members and Women. All Agency documents soliciting bids or proposals for Agency contracts shall contain or make reference to the following provisions: 1. The Agency will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. For purposes of this Section, affirmative action shall mean ---PAGE BREAK--- 5A-4 recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; and 2. The Agency shall state, in all solicitations or advertisements for employees, that, in the performance of the Agency contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Any contract awarded by the Agency will include the provisions of Section 6 hereof in any subcontract, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with the Agency contract. The provisions of this Section 5 shall not be binding upon contractors or subcontractors in the performance of work or the provision of services or any other activity that are unrelated, separate or distinct from the Agency contract as expressed by its terms. In the implementation of this Section 6, the Agency shall consider compliance by a contractor or subcontractor with the requirements of any local, state and federal law concerning equal employment opportunity which effectuates the purpose of this Section. The Agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such law and if such duplication or conflict exists, the Agency shall waive the applicability of this Section 5 to the extent of such duplication or conflict. The Agency shall ensure that “certified businesses” (as defined in Chapter 48 of the Code of the City of Albany and Section 310 of the Executive Law of the State of New York) shall be given the opportunity for meaningful participation in the performance of Agency contracts and to identify those Agency contracts for which certified businesses may best bid to actively and affirmatively promote and assist their participation in the performance of Agency contracts so as to facilitate the award of a fair share of Agency contracts to such businesses. SECTION 6. Policy Review. This policy will be reviewed annually.