The following POLICY ON PURCHASING PROCEDURES for the School District of Niagara Falls, New York, was first approved by the Niagara Falls Board of Education at their Regular Board Meeting of November 4, 1993, and at every subsequent yearly Re-organizational Meeting since:
The School District of the City of Niagara Falls, New York, shall comply with the New York State General Municipal Law, Chapter 413, Section 103 governing bid procedures for purchase contracts for items in excess of $10,000 and public work contracts of $20,000 or more within a given fiscal year.
The School District shall also adhere to the Education Law, Section 2513 in advertising for said bids. A legal notice shall be published in the School District's Official Newspaper, the NIAGARA GAZETTE, at least five days prior to the opening of bids. Any additional advertising to stimulate competitiveness shall be at the discretion of the Administration, based on the subject of the bid.
The Administration has the right to request or waive the formality of a bid or performance bond in the preparation of the bid documents or award, depending on the scope of the bid.
Any sealed bids presented to the Administration after the advertised bid deadline shall remain sealed, time and date noted, and returned to the bidder.
Contracts shall be awarded to the lowest responsible bidder in accordance with specifications, terms and conditions as set forth in the coordinating bid. In the event the Administration awards the contract to any bidder other than the lowest dollar offered, they shall be required to present justification as to why the purchase was in the best interest of the School District.
The Purchasing Officer shall try to maintain updated Minority Vendor Listings from the published documents and internal records, and whenever possible shall include minority vendors as part of the bidders' list.
In keeping with the Affirmative Action Policy of the School District of the City of Niagara Falls, the Board will attempt to commit 5% of the total purchases to minority vendors. They shall also encourage capital project contractors to make every reasonable effort to establish the level of minority participation at a minimum of 5% of the contractor's labor force and/or material purchases from minority enterprises.
All factors being equal, a tie bid shall be awarded to a local vendor. However, in keeping with the Affirmative Action Policy of the School District of Niagara Falls, if a tie exists concerning a local vendor and a minority vendor, all things being equal, the Board of Education will split the award at the consent of both vendors involved. In the absence of consent of both parties, or if the award does not warrant dividing, the tie will be given to the Minority Vendor. When a Minority Vendor and an out-of-town vendor tie, the tie will be given to the Minority Vendor. In all instances, the Minority Vendor designation must be identified by an official certification accompanying the bid.
SECTION II
Under Section 104-b of the General Municipal Law, effective January 1, 1992, procurement of goods, and services for which competitive public bidding is not required (items not meeting the dollar limitation value of $10,000 or public works of $20,000), must still be done in a manner so as to assure the prudent and economical use of public monies, in the best interest of the taxpayers, 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.
1. Solicitation for verbal or written quotations shall be done in the procurement of most equipment, costly supplies, and any time a quantity discount can be realized. Variables such as delivery, assembly, lead-time, cost, etc., will determine the mode the Purchasing Department will use in the quotation procedure, and will canvass at least three (3) vendors for pricing.
2. Formal bid procedures may still be utilized at the discretion of the Purchasing Officer if he/she ascertains any advantages can be realized over informal quotations for better pricing, quality, and delivery.
3. Written Quotations should be received for any public works not subject to competitive bidding in the best interest of the Board, and the Administration will decide at that time whether a performance bond is required.
4. Whenever possible, Requests for Proposals will be accepted for Professional Services that are usually exempt from the bidding process.
SECTION III
Circumstances where purchases should not be held, awaiting solicitation of bids or quotations should be:
1. Emergencies where time is a crucial factor: (documentation should accompany purchase request).

•  When the situation arises out of an accident or unforeseen  occurrence or condition.
   When property, life, health, or safety, are affected.
   When situations that requires immediate attention occur which cannot await public bidding.

2. Certain Food Purchases: Whenever possible, quotations are to be done to ascertain that we are getting the best prices possible in the interest of the School District. However, since most food purchases are purchased to compliment meals prepared in conjunction with Free Government Commodities given to the Board on a monthly basis, lead time does not warrant procurement of these type foods on a formal bid/quote basis.
3. Sole Source Commodities: The Administration must ascertain that these types of commodities are indeed sole source by obtaining documentation.
4. Professional Services, which because of the confidential nature of the services do not lend themselves to procurement through solicitation.
5. Purchasing items through the New York State Contract (General Municipal Law 104).
6. Purchasing articles manufactured in the State Correctional Institutions (Correction Law, Sections 184, 186).
7. Purchasing items from Agencies for the Blind or Disabled (State Finance Law, Section 175-b).
COOPERATIVE PURCHASING
A resolution was approved by the Niagara Falls Board of Education at their Regular Board Meeting on July 2, 1998, and at every subsequent yearly Re-Organizational Meeting, to
ENDORSE COOPERATIVE PURCHASING THROUGH THE ORLEANS-NIAGARA BOCES, AND/OR VARIOUS MUNICIPALITIES AND GOVERNMENT AGENCIES WHICH WOULD BENEFIT THE DISTRICT, EXPAND ITS PURCHASING POWER, AND WHICH WOULD BE IN THE BEST INTEREST OF THE NIAGARA FALLS CITY SCHOOL DISTRICT.
This would include purchasing from bid results made available by those municipalities who include local government or school districts in the specifications to vendors.