PROCUREMENT POLICY RESOLUTION

The purpose of this Resolution is to outline the procurement policy of the Albany Convention Center Authority  (the “Authority”).

1. 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 $500; goods purchased from agencies for the blind or severely handicapped pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions purchase to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the General Municipal Law; purchases under county contracts pursuant to Section 103(3) of the General Municipal Law; or purchases pursuant to paragraph 3 herein.
   
   
2. METHOD OF PURCHASE.
   
   
   1. General.  The following method of purchase will be used when required by this policy in order to achieve the highest savings:
      

      Estimated Amount of Purchase Contract1		Method
      $500-$2,999		2 verbal quotations
      $3,000 and above		3 written/fax quotations or written request for proposals
      1. Purchase Contract refers to contracts for the purchase of equipment.
      Estimated Amount of Public Works Contract2		Method
      $500-$2,999		2 verbal quotations
      $3,000-$4,999		2 written/fax quotations
      $5,000 and above		3 written/fax quotations or written request for proposals
      2. Public Works Contract refers to contracts for services

      
      
   2. 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.
      
      
   3. Documentation. 
      
      
      1. Documentation is required of each action taken in connection with each procurement.
         
         
      2. Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror.  This documentation will include an explanation of how the reward will achieve savings or how the offeror was not responsible.  A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
         
         
3. CIRCUMSTANCES WHERE SOLICITATION OF ALTERNATIVE PROPOSALS AND QUOTATIONS NOT IN BEST INTEREST. There may be circumstances when, or types of procurements for which, in the sole discretion of the members of the Authority, the solicitation of alternative proposals or quotations will not be in the best interest of the Authority.  In the following circumstances, it may not be in the best interests of the Authority to solicit quotations or document the basis for not accepting the lowest bid:
   
   
   1. Professional Services.  Professional services or services requiring special or technical skill, training or expertise.  The individual, company or firm must be chosen based on accountability, reliability, responsibility, skill, conflict of interests, reputation, education and training, judgement, integrity, continuity of service and moral worth. Furthermore, certain professional services to be provided to the Authority, e.g., legal and accounting services, impact liability issues of the Authority and its members, including securities liability in circumstances where the Authority is issuing bonds.  These qualifications and the concerns of the Authority regarding its liability and the liability of its members are not necessarily found or addressed in the individual, company or firm that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.

      In determining whether a service fits into this category, the Authority shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and Authority 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.

   2. Emergency Purchases. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the public.  This section does not preclude alternate proposals if time permits.

   3. Purchases of Secondhand Goods.  Purchases of surplus and second-hand goods from any source.  It is difficult to try to compare prices of used goods and a lower price may indicate an older product.

   4. Goods or Services Under $500.  The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer.  In addition, it is not likely that such de minimis contracts would be awarded based on unfair preference.

   5. Special Findings.  In the event the Authority determines that the solicitation of alternative proposals or quotations is not in the best interests of the Authority, the Authority must make such determination by resolution duly adopted and entered into the minutes of the Authority.  Such resolution should include any findings described in this paragraph supporting such determination.
      
      
4. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN.
   
   
   1. All Authority documents soliciting bids or proposals for Authority contracts shall contain or make reference to the following provisions:
      
      
      1. The Authority 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 recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; and
         
         
      2. The Authority shall state, in all solicitations or advertisements for employees, that, in the performance of the Authority 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.
         
         
   2. Any contract awarded by the Authority will include the provisions of 4(A) hereof in any subcontract, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with the Authority contract.
      
      
   3. The provisions of this Paragraph 4 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 Authority contract as expressed by its terms.
      
      
   4. In the implementation of this Paragraph 4, the Authority shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this Paragraph.  The Authority 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 Authority shall waive the applicability of this Paragraph 4 to the extent of such duplication or conflict.
      
      
   5. The Authority shall ensure that “certified businesses” (as defined in Section 310 of the Executive Law of the State of New York) shall be given the opportunity for meaningful participation in the performance of Authority contracts and to identify those Authority contracts for which certified businesses may best bid to actively and affirmatively promote and assist their participation in the performance of Authority contracts so as to facilitate the award of a fair share of Authority contracts to such businesses.
      

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