Is there a clear distinction made between the terms “purchase contract” and “public works”?
Yes. The 1962 Opinion of the State Comptroller, No. 442, clearly states that a purchase contract pertains to purchases of materials, supplies, equipment or apparatus, while the term “public works contract” encompasses contracts for services, labor and/or construction. Are there any services which would be exempt from competitive bidding? Most “professional services” performed by engineers, architects, attorneys, insurance advisors, accountants and other services that require a special or technical skills or high level of expertise would be exempt under GML Section 103b. However, GML Section 104b requires that internal guidelines be established by the governing Board for this type of procurement. Therefore, the Board under BOCES Policy 3019 requires that services of this nature which aggregately exceed $50,000 be obtained by means of a Request for Proposal or Quote and have a BOCES consultant agreement. It is recommended that when feasible, services under $50,000, also be obtained by th
