[Adopted 9-27-2022 by L.L. No. 4-2022, approved 9-27-2022]
This article shall be known as "the City of Mount Vernon, New
York Best Value Competitive Bidding Law."
New York State General Municipal Law Section 103 Subdivision
1 allows the City to authorize, by local law, the award of certain
purchase contracts, including contracts for service work subject to
competitive bidding under General Municipal Law Section 103 on the
basis of "best value" as defined in Section 163 of the New York State
Finance Law or any state law superseding or amending said provision.
The best value option may be used, for example, if it is more cost
efficient over time to award the good or service to other than the
lowest responsible bidder or offerer if factors such as lower cost
of maintenance, durability, higher quality, and longer product life
can be documented.
The Board of Estimate may award purchase contracts after bidding,
including contracts for services work, on the basis of "best value,"
as that term is defined in New York State Finance Law Section 163.
All awards based on best value shall require Board of Estimate approval.
The provisions of this article apply to City purchase contracts,
including contracts for services work involving an expenditure of
more than $20,000, but excluding 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 Section 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.
Goods and services procured and awarded on the basis of best
value are those that the Board of Estimate determines optimize quality,
cost and efficiency, among responsive and responsible bidders or offerers.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
of offers. Where possible, such determination shall also be based
upon and include a quantifiable analysis of the same. The criteria
may include, but shall not be limited to, any or all of the following:
cost of maintenance, proximity to the end use, if distance or response
time is a significant term; durability, availability of replacement
parts or maintenance contractors; longer product life; product performance
criteria; and quality of craftsmanship.
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 article is incorporated by reference into the City of Mount
Vernon, New York Procurement Policy. Any inconsistent provisions of
the City's procurement policy, as adopted prior to the effective
date of this article by resolution of the City Council and Board of
Estimate, or as amended thereafter, shall be deemed superseded by
the provisions of this article.
This article shall take effect immediately upon filing in the
office of the Clerk of the City of Mount Vernon, New York, the secretary
of State of New York and the New York State Commissioner of Tax and
Finance.