[HISTORY: Adopted by the Board of Trustees of the Village
of Athens as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
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.
