[Adopted 12-21-2020 by L.L. No. 2-2020]
New York General Municipal Law § 103 requires competitive
bidding for purchase contracts and City of Hornell 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 City 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 Common Council hereby determines
that it is in the best interest of the City and its residents for
the Mayor to have the authority to award purchase contracts and public
works contract on 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 City of Hornell contract to optimize equality, cost and
efficiency among responsive and responsible offerors instead of the
lowest responsible bidder.
As used in this chapter, the following terms shall have the
meanings indicated:
BEST VALUE
The basis for awarding purchase contracts and City of Hornell
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 I, 7, 15 and 20 of § 310 of the
Executive Law to be used in evaluation of offers for 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 Mayor 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 chapter 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 thoroughly and
accurately documented.
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.
This article shall take effect immediately upon filing with
the Secretary of State.