Sole Bidder

[FF402 133]

If a department puts an apparatus spec out for bid, and only one manufacturer puts in the bid, under NYS law are you required to re-bid it, or can you accept the bid?

It's longstanding that many departments spec out specific manufacturers for legit reasons, but others not so legit.

Also, if a Chief, Commisioner, or any other person on the apparatus commitee works or does business with the bidder, does that play into NYS Law/?

[GAW6 66]

You do not have to re-bid it if everything is in line with your specs and within your budget, nor do you have to accept that one bid.

No, they may not be involved if they do business with any of the bidders. That would be a major violation of the "Code of Ethics" which each Fire District was required to adopt.

[ddoyle195 8]

What kills me even to this day, cut out all the bs, if you want to buy a Pierce, then buy a pierce, if you want to buy a sutphen, then buy a sutphen. It kills me how every department in the state has to bid out a fire truck. Let me propose this to the forum, If you want to buy a Ford or a Chevy, or Dodge for your P.O.V. why would you bid it out? If you have the money go buy what you want that will best suit your needs for your department. No I am a fan of passing a referendum by the taxpayers of your responding district to let them know what you want to buy and at what price. Just thinking out loud and outside of the box here.

[x635 4,066]

Can NYS buy from a purchasing cooperative? Many departments in Texas get whatever brand they want, as long as they are qualified through Buyboard or HGCABuy.

http://www.hgacbuy.org/

http://www.tasb.org/services/cooperative_purchasing/vendors/index.aspx

I know NYS has "state contract" vehicles, but I'm not sure if it's the same.

[Bnechis 3,961]

If a department puts an apparatus spec out for bid, and only one manufacturer puts in the bid, under NYS law are you required to re-bid it, or can you accept the bid?

You do not have to re-bid it if everything is in line with your specs and within your budget, nor do you have to accept that one bid.

You do not have to re-bid it, however when the state comptrolers office audits you, you have to have substantial documentation justifying your actions and if there was a reason for only 1 bid and why it was acceepted. I.e. the bid required the ladder to be no taller than a local bridge or the fire house and only 1 brand currently meets that.

[Bnechis 3,961]

What kills me even to this day, cut out all the bs, if you want to buy a Pierce, then buy a pierce, if you want to buy a sutphen, then buy a sutphen. It kills me how every department in the state has to bid out a fire truck. Let me propose this to the forum, If you want to buy a Ford or a Chevy, or Dodge for your P.O.V. why would you bid it out? If you have the money go buy what you want that will best suit your needs for your department. No I am a fan of passing a referendum by the taxpayers of your responding district to let them know what you want to buy and at what price. Just thinking out loud and outside of the box here.

Ok, so I want to buy a Ford, Should I go to the local dealer, pick it out and pay what they ask? Or if I really like that Ford check 2 or 3 dealers and see if one will charge $20,000 while another is $23,000?

I have seen depts that bid a truck knowing that they want X and the pratically write X (the best was one spec that said what town the factory had to be in). I have witnessed dealers showing up to a bid opening with 2 bids, waiting till the last minute to find out if anyone has bid and if it turns out that no other bid was recieved they hand in the more expesive "sole" bid. In one cast I know it drove the price up by $60,000.

Having a legitmate spec and bid process creates compatition for your contract. You can still get what you want. But everyone sharpens their pencil.

[SageVigiles 1,194]

In CT, municipal and state departments can purchase vehicles and equipment off of "State Contract Pricing" and not have to put things out to bid. This ensures fair pricing (the bids go to the state who publishes all dealers' bids, that become public record) and then the department can pick and choose what they want.

Not sure if it works for custom firetrucks, but uniforms and cars its good for.

[MyFyrtrks 15]

KME used to be on State Contract I think that contract has expired with little action.

I too have seen a dealer bring two bids. I have also seen a bidder write the specification for a customer, not a surprise there but he also wrote the FEMA grant, and the FD surprise above all surprises they awarded him the bid! Legal, I think NOT1

If you receive one bid you can take that one bid. You will have to show that the bid was publicly advertised at least 14 business days before the bid opening. You do not have to have to send the bid to three bidders but you will have to send the bid to those who request it. You can charge a nominal fee for the bid package but I am not sure what the guidelines are.

Yes it is true you can buy what you want but please do this if you want brand x be honest about it with the salesmen from brand y and z. I will be happy to give you a qualifying buy but please don't waste my time and lead me along it makes for a much better relationship with other dealers who may need someday. I know it's business but I am honest with my dealings I think i should receive honesty back.

Last but not least T-6061 is T-6061 no matter where you buy it, as is 304L Stainless Steel. We all buy the same pump and the same engine. I can build you an engine that is just as good as brand X,Y, and Z. You shouldn't discount a truly competitive bid.