[HISTORY: Adopted by the Board of Trustees
of the Village of Hamburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-6-2020 by L.L. No. 1-2020[1]]
[1]
Editor's Note: This local law also repealed former Ch. 67,
Procurement Policy, comprised of former Art. I, Purchasing Procedure,
adopted 6-1-1990, as amended, and former Art. II, Bid Specifications, adopted 4-5-1993.
New York General Municipal Law § 103, Subdivision
1, allows the Village to authorize, by local law, the award of certain
purchase contracts (including contracts for services) subject to competitive
bidding under General Municipal Law § 103 on the basis of
"best value" as defined in § 163 of the New York State Finance
Law. The best value option may be used, but is not required to be
used, 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.
Purchase contracts that have been procured pursuant to competitive
bidding under General Municipal Law § 103 by either lowest
responsible bidder or best value may be awarded so long as the award
process complies with the terms of this article and General Municipal
Law § 103.
Whenever used in this article, the following terms shall mean:
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 offerers 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.
A.
A best value solicitation shall contain a specific notification that
the solicitation will be analyzed and awarded in accordance with this
best value. Such solicitations 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.
B.
When the basis for award is based upon a best value offer, the Village
Administrator and/or designee shall document the evaluation criteria
and the process used to make such determination.
C.
The standards and procedures for awarding a purchase contract on
the basis of best value shall be set forth in the Village Purchasing
Policy as enacted and amended by the Board of Trustees.
Goods and services procured and awarded on the basis of best
value are those that the Village determines will be of the highest
quality while being the most cost-efficient as offered by responsive
and responsible bidders and offerors. The determination of quality
and cost efficiency shall be based on objectively quantified and clearly
described and documented criteria, which may include, but shall not
be limited to, any or all of the following: product or service features,
quality, durability, reliability, product performance criteria, quality
of craftsmanship, cost and extent of maintenance, useful lifespan,
availability of replacement parts, availability of maintenance contractors,
warranties, proximity to the end user if distance or response time
is a significant factor, references, past performance, organization
and staffing, and financial capabilities.
A contract 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 thoroughly and
accurately determined.
If any provision of this article or the application thereof
by any person or circumstance 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 upon filing with the Secretary
of State.
