[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge as indicated in article histories. Amendments noted where
applicable.]
[The Procurement Policy is on file and available for review
in the Village offices.]
[Adopted 7-6-2020 by L.L. No. 1-2020]
New York General Municipal Law § 103 requires competitive
bidding for purchase contracts and public works contracts and has
historically required that such bids be awarded to the lowest responsible
bidder whose bid meets the requirements of the specifications for
the project. This section was amended to provide that, through enactment
of a local law so providing, the Village may award purchase contracts
and public works contracts on the basis of best value, as defined
in the New York State Finance Law § 163, to a responsive
and responsible bidder or offeror. The Board of Trustees hereby determines
that it is in the best interest of the Village and its residents for
the Board of Trustees to have authority to award purchase contracts
and public works contracts the basis of best value. This best value
option may be, but is not required to be, used to award an applicable
purchase contract and public works contract to optimize equality,
cost and efficiency among responsive and responsible offerors instead
of the lowest responsible bidder.
As used in this article, the following terms shall have the
meanings indicated:
The basis for awarding purchase contracts and public works
contracts to the offeror that optimizes quality, cost and efficiency
among responsive and responsible offerors. Such basis shall reflect,
wherever possible, objective and quantifiable analysis. Such basis
may also identify a quantitative factor for offerors 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 the awarding
of contracts for services and public works.
Goods and services procured and awarded on the basis of the
best value are those that the Board of Trustees determines optimize
quality, cost and efficiency among responsive and responsible bidders
or offerors. Such basis shall reflect, wherever possible, objective
and quantifiable analysis. The criteria may include, but shall not
be limited to, any or all of the following: cost of maintenance, proximity
to the end user 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.
A quote or proposal received pursuant to standard bidding procedures
may be awarded on either a best value or lowest responsible bidder
standard. All information gathered in the course of the bidding procedures
of this article shall be filed with the documentation supporting the
subsequent purchase or public works contract. Where a contract is
awarded on the basis of best value rather than lowest responsible
bidder, the basis for determining best value shall be throughly and
accurately documented.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the remainder of this
article and the application of such provisions to other persons and
circumstances shall not be rendered invalid thereby.
This article shall take effect immediately upon filing with
the Secretary of State.
