[HISTORY: Adopted by the Board of Trustees of the Village of Athens as indicated in article histories. Amendments noted where applicable.]
Article I Best Value Contracts
[Adopted 6-11-2014 by L.L. No. 2-2014]
The Board of Trustees of the Village of Athens seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, which amendment authorizes the Village to award purchase contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either lowest responsible bidder or "best value" as defined in § 163 of the New York State Finance Law. The best value option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder due to factors such as lower cost of maintenance, durability, higher quality and longer product life.
General Municipal Law § 103, Subdivision 1, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, provides that municipalities may award public contracts subject to competitive bidding on the basis of either lowest responsible bidder or on the basis of "best value," as defined in § 163 of the New York State Finance Law.
As used in this article, the following terms shall have the meanings indicated:
- BEST VALUE
- The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offers that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services.
- RESPONSIBLE or RESPONSIBILITY
- The financial ability, legal capacity, integrity, and past performance of a business entity and as such terms have been interpreted relative to public procurements.
- A bidder or other offerer meeting the minimum specifications or requirements as prescribed in a solicitation for commodities or services by a state agency.
The provisions of this article apply to purchase contracts involving an expenditure of more than $20,000 and contracts for services involving an expenditure of more than $35,000 but exclude purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of General Municipal Law § 103 are increased or decreased in the future by the state legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
The determination of the basis of award shall be made on a case-by-case basis pursuant to the best interests of the Village of Athens.
In each case bidders shall be provided with sufficient notice of the basis upon which each particular contract will be awarded. Such notice shall be contained in the bid documents. When a contract is to be awarded on the basis of best value, the bid documents shall clearly indicate each factor to be considered and the weight that each such factor will be afforded.
Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately recorded.
Any inconsistent provision of the Village's procurement policy, as adopted prior to the effective date of this article by resolution of the Village Board of Trustees, or as amended thereafter, shall be deemed superseded by the provisions of this article.