I run a small business that operates and maintains water and
wastewater treatment plants in New York State. The EPA and NYS Dept
of Health require operators of such plants to be "licensed" by the
state. Licensing involves education requirements, specialized courses
approved by NYS, the ability to perform certain laboratory tests,
hands-on experience at a water and wastewater facility, continuing
education requirements, and successful passing of a state exam.
General Municipal Law in NYS requires competitive bidding for
municipalites and other state agencies and subdivisions for public
contracts in excess of $20,000 per year. There are several exceptions
to the bidding requirements including sole source procurement,
emergencies, professional services and others.
Question: Does a New York State municipality have to bid the services
of a licensed water and wastewater treatment operator working as an
independent contractor when the contract is in excess of $20,000
annually, or does this situation fall under the exception to
competitive bidding due to the professional services provided? |