§ 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. 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.