[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli 4-1-1996; amended in its entirety 6-21-2014 by L.L. No. 2-2014. Subsequent amendments
noted where applicable.]
Goods and services that are not required by law to be procured
pursuant to competitive bidding must be procured in a manner as to
assure the prudent and economical use of public moneys in the best
interest of the taxpayers; to facilitate the acquisition of goods
and services of maximum quality at the lowest possible cost under
the circumstances; and to guard against favoritism, improvidence,
extravagance, fraud, and corruption. To further these objectives,
the Board of Trustees shall adopt a procurement policy governing all
procurements of goods and services which are not required to be made
pursuant to the competitive bidding requirements of General Municipal
Law (GML) § 103 or of any other general, special, or local
law. The procurement policy shall be reviewed at least annually by
the Village Board.
[Added 11-20-2019 by L.L. No. 3-2019]
A.
Purpose
and authority. This section is enacted pursuant to the provisions
of § 103(1) of the General Municipal Law of the State of New
York.
B.
Award based
on best value. The Village Board of Trustees may award purchase contracts,
including commodities, equipment, materials, supplies and contracts
for services, on the basis of "best value," as that term is defined
in New York State Finance Law § 163. All awards based on best
value shall require Village Board of Trustees' approval.
C.
Applicability.
The provisions of this chapter apply to Village purchase contracts,
including contracts for services, required to be procured by public
bidding pursuant to § 103 of the General Municipal Law. The provisions
of this chapter 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 by the State Legislature, the dollar thresholds set
forth herein shall be deemed simultaneously amended to match the new
General Municipal Law thresholds.
D.
Standards
for best value. Goods and services procured and awarded on the basis
of best value are those that the Village Board of Trustees determines
optimize quality, cost and efficiency, among responsive and responsible
bidders or offerors. Where possible, the determination shall be based
on an objective and quantifiable analysis of clearly described and
documented criteria as they apply to the rating of bids or offers.
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, and installation
costs.
E.
Documentation.
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.
