[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-3-2021 by L.L. No. 14-2021]
A.
The Village of Ossining Board of Trustees (Board of Trustees) seeks
to exercise the option to award certain purchase contracts 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.
B.
The Board of Trustees finds that contracts for certain purchase contracts
should be procured in a manner so as to assure the prudent and economical
use of public monies, in the best interest of tax payers, to facilitate
the acquisition of goods and services of maximum quality at the lowest
possible price possible under the circumstances, and to guard against
favoritism, extravagance, fraud and corruption.
C.
With the increased complexity of the goods and services that the
Village must obtain in order to serve residents and businesses, it
is critical to consider selection and evaluation criteria which measure
factors other than cost in the strictest sense. Best value procurement
links the procurement process directly to the Village's performance
requirements, including, but not limited to, selection factors such
as useful lifespan, quality, and options and incentives for more timely
performance and/or additional services.
D.
Even if the initial expenditure is higher, considering the total
value over the life of the procurement may result in better value
and long-term investment of public funds. Best value procurement also
encourages competition and, in turn, often results in better pricing,
quality and customer service. Fostering healthy competition ensures
that bidders will continue to strive for excellence in identifying
and meeting the Village's needs, including such important goals
as the participation of small, minority and women-owned businesses,
and the development of environmentally preferable goods and service
delivery methods. Best value procurement will provide much needed
flexibility in obtaining important goods and services at favorable
process, and will reduce the time to procure such goods and services.
As used in this article, the following definitions shall apply:
The basis for awarding certain purchase contracts to offerors
that optimizes quality, cost and efficiency among responsive offerors.
Such basis shall reflect, whenever possible, objective and quantifiable
analysis. Such basis may also identify a quantitative factor for offerors
that are a small business of certified minority- or women-owned business
enterprises as defined in Executive Law § 310, Subdivisions
1, 7, 15 and 20, to be used in evaluation of offers for awarding contracts
for services.
Factors which may be used to determine best value and to
award a contract to other than the lowest bidder are as follows:
Cost of maintenance;
Product life;
Warranties;
Past performance, reliability or durability, and current or
past experience with the provision of similar goods/services;
Organization, staffing (particular abilities and/or experience),
and the ability to undertake the type and complexity of the work;
Financial capability;
Record of compliance with all federal, state and local laws,
rules and licensing requirements;
Ability to meet the Village's needs in a timely and accountable
manner;
Storage, maintenance and other operational costs;
Product or service environmental considerations;
Product energy usage;
Contractor's record of safety; and
The need for the costlier option as compared with all lower
bids, supported by specific facts.
Documentation of the decisions made and the approach taken
in the procurement process [New York State Finance Law § 163(1)(f)].
A.
The provisions of this article apply to Village purchase contracts
involving an expenditure of more than $20,000 and Village 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 New York Labor Law and any other
contract that may in the future be excluded under state law from the
best value option. If the dollar thresholds of New York General Municipal
law § 103 are increased or decreased in the future, the
dollar thresholds set forth herein shall be deemed as simultaneously
amended to match the new General Municipal Law § 103 thresholds.
B.
If the product or service has previously been purchased by the Village
through a competitive bid, awarded to the lowest responsible bidder,
it shall continue to be purchased in that manner unless issues regarding
quality, efficiency or the ability to attract a sufficient number
of bidders has been documented from previous purchases by the Village
Manager and department head.
C.
Contracts shall be awarded on the basis of lowest responsible bidder
unless the applicable Village department head and the Village Manager
prepare written specifications, prior to the publication of a request
for proposals, providing to the Board of Trustees reasons why it is
in the best interest of the Village of Ossining to make a contract
award on the basis of best value. The use of best value shall be authorized
by the Board of Trustees.
D.
Where the basis for the award is best value, the Village Manager
and the applicable department head shall document in the procurement
record and in advance of the initial receipt of offers, the determination
of the evaluation criteria, which, whenever possible, shall be quantifiable,
and the process to be used in the determination of best value and
the manner in which the evaluation process and selection shall be
conducted. Where appropriate, the solicitation shall identify the
relative importance and/or weight of cost and overall technical criterion
to be considered by the Village in its determination of best value.
The solicitation shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted.
E.
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 documented. This shall include
a cost-benefit analysis showing the quantifiable value or savings
from nonprice factors that offset the price differential of the lower
price offers. Only criteria set forth in the solicitation for offers
may be used in the evaluation process. Additionally, a statement shall
be included in the bid award explaining how the award is expected
to result in savings for the Village over time.
F.
The decision to award a contract on the basis of best value shall
be made by the Board of Trustees. In the event that no such decision
is made, contracts will continue to be awarded to the lowest responsible
bidder furnishing any required security.
G.
Any inconsistent provision of the Village's Procurement Policy,
as adopted prior to the effective date of this article by resolution
of the Board of Trustees, or as amended thereafter, shall be deemed
superseded by this article.
A.
Offers are to be packaged, sealed and submitted to the location stated
in the specifications. Offerors are solely responsible for timely
delivery of their offers to the location set forth in the specification.
B.
If authorized by the offer specification, offers may be submitted
in an electronic format. Submission in an electronic format may not,
however, be required as the sole method of submission of offers, with
the exception of offers and proposals for technology contracts only.
Receiving devices will be identified in the offer specification and
such devices:
C.
The timely submission of an electronic offer in compliance with instructions
provided for such submission in the specifications shall be the responsibility
of the offeror or prospective offeror. The Village shall not incur
any liability from delays of or interruptions in the receiving device
designated for the submission and receipt of electronic offers.
A.
Pursuant to General Municipal Law § 103, the Village of
Ossining is authorized to make purchases of apparatus, materials,
equipment or supplies or to contract for such services related to
the installation, maintenance, or repair of apparatus, materials,
equipment or supplies through the use of a contract let by the United
State of America or any agency thereof, any state or any other political
subdivision or district therein.
B.
The Village shall be permitted to piggyback on a previous order for
the procurement of apparatus, materials, equipment and supplies and
related installations, maintenance or repair services when the following
requirements are met:
(1)
The contract must have been let by the United States or any agency
thereof, any state or any other political subdivision or district
therein;
(2)
The contract must have been made available for use by other governmental
entities, and this must be clearly stated in the contract let by the
other entity that extends the terms and conditions of the contract
to other governmental entities; and
C.
Upon meeting the aforementioned requirements, the Village may utilize
a previously used procurement order from a recognized and previously
mentioned political subdivision and not be required to utilize and
comply with competitive bidding requirements for the purchase of apparatus,
materials, equipment and supplies and to contract for services related
to the installation, maintenance or repair of those items.
If any provision of this article or the application thereof
to any person or circumstance is held invalid, the remainder of this
chapter and the application of such provisions to other persons and
circumstances shall not be rendered invalid thereby.
