[HISTORY: Adopted by the Council of the City of Beacon 5-5-2014 by L.L. No.
4-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former
Ch. 53, Purchasing, adopted 11-1-1993.
A.
Guidelines
for responsible determinations.
(1)
Unless otherwise provided in accordance with § 53-2 or 53-3 of this chapter, all contracts for public works and purchasing let by the City pursuant to this chapter shall be awarded on the basis of lowest responsible bidder. In deliberating upon the responsibility of a bidder or a subcontractor, all contracting agencies shall give due consideration to any credible evidence or reliable information that the past or current record of a bidder or proposed subcontractor includes any of the following:
(a)
Lack of adequate expertise, prior experience with comparable projects,
or financial resources to perform the work of the contract or subcontract
in a timely, competent and acceptable manner. Evidence of such a lack
of ability to perform may include but shall not be limited to evidence
of suspension or revocation for cause of any professional license
of any director or officer or any holder of 5% or more of the bidder's
or proposed subcontractor's stock or equity; failure to submit
satisfactory evidence of insurance, surety bonds or financial responsibility;
or a history of termination of prior contracts for cause.
(b)
Criminal conduct in connection with government contracts or the conduct
of business activities involving the infliction, attempted infliction
or threat of death, intentional personal injury or intentional property
damage in connection with involvement in a pattern of racketeering,
labor racketeering, extortion, obstruction of justice or other comparable
crimes; bribery, fraud, bid-rigging, embezzlement or other comparable
crimes; or serious moral turpitude, fundamental lack of integrity
or knowing disregard for the law. Evidence of such conduct may include
a judgment of conviction, pending criminal indictment or formal grant
of immunity in connection with a criminal prosecution of the bidder
or proposed subcontractor, any director or officer or any holder of
5% or more of the shares or equity of the bidder or proposed subcontractor
or any affiliate of the bidder or proposed subcontractor.
(c)
Grave disregard for the personal safety of employees, City of Beacon
personnel or members of the public. Due consideration shall be given
to whether available evidence concerning the training of employees,
equipment actually in use at the work site and company practices for
identifying and addressing deficiencies and securing employee compliance
demonstrates a genuine commitment to safety or a lack of the same.
(d)
Willful noncompliance with the prevailing wage and supplements payment
requirements of the Labor Law, including consideration of any pending
violations of the bidder or proposed subcontractor, or any affiliate
of the bidder or proposed subcontractor.
(e)
Any other significant Labor Law violations, including but not limited
to child labor violations, failure to pay wages or unemployment insurance
tax delinquencies.
(f)
Any significant violation of the Workers' Compensation Law,
including but not limited to the failure of a bidder or proposed subcontractor
to provide proof of workers' compensation or disability benefits
coverage.
(g)
Any criminal conduct involving violations of the Environmental Conservation
Law or other federal or state environmental statutes or repeated or
significant civil violations for federal or state environmental statutes
or regulations.
(h)
The failure of a bidder or contractor to demonstrate good faith efforts
to comply with applicable federal or state statutes and regulations
requiring efforts to solicit and utilize minority-owned and women-owned
business enterprises and disadvantaged business enterprises as potential
subcontractors, in connection with a pending bid for the performance
of a federal-aid or state-funded or -assisted project subject to such
statutory and regulatory requirements.
(i)
The failure of a bidder, contractor or proposed subcontractor to
comply with federal or state statutes or regulations requiring the
hiring, training and employment of persons presumed to be disadvantaged
in accordance with federal and state definitions to meet federal and
state equal employment opportunity requirements.
(j)
The submission of a bid which is mathematically or materially unbalanced.
(k)
The submission of a bid which is so much lower than the agency's
confidential engineers' estimate of the cost of or anticipated
bids for the contract that it appears unlikely that the bidder will
be able to perform the contract satisfactorily at the price bid.
(l)
Any other cause of so serious or compelling a nature that it raises
questions about the present responsibility of a contractor or subcontractor,
including but not limited to submission to a contracting agency of
a false or misleading statement on a uniform questionnaire, or in
some other form, in connection with a bid for or award of a contract
or a request for approval of a subcontractor.
(2)
In addition to the factors specified above, contracting agencies
may also give due consideration to any other factors considered by
the contracting agencies to bear upon responsibility, including but
limited to any mitigating factors brought to the agency's attention
by the bidder or proposed subcontractor.
B.
Definitions
and word usage.
(1)
BIDDER, CONTRACTOR
CONTRACT
CONTRACTING AGENCY
SUBCONTRACTOR
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or entity submitting a bid or proposal in response
to a published bid or request for proposals issued by the City of
Beacon in connection with a contract for public works or the purchasing
of goods or services when required by § 103 of the General
Municipal Law.
Any contract for public works requiring an expenditure in excess of $35,000 and any purchase contract requiring an expenditure in excess of $20,000. Unless otherwise specified, all contracts shall be submitted for competitive bidding in accordance with § 103 of the General Municipal Law and awarded on the basis of lowest responsible bidder. Purchase contracts, however, may be awarded on the basis of best value, if the procedures set forth in § 53-2 are selected for a particular request for proposals, or pursuant to the piggyback provision in § 53-3. Competitive bidding shall not be required for a contract for public works of $35,000 or less and for purchase contracts of $20,000 or less.
The City of Beacon and any department, officer, board or
agency thereof responsible for awarding any contract let pursuant
to this chapter.
Any person or entity offered by a bidder or contractor to
furnish all or part of the goods, services or work to be performed
under a contract let pursuant to this chapter.
(2)
A corporation, partnership or proprietorship shall be considered
to be an "affiliate" of the bidder or proposed subcontractor if one
owns, controls or has the ability to control the other, or if a third
person, corporation, partnership or proprietorship owns, controls
or has the ability to control both.
A.
Purpose. The City Council of the City of Beacon hereby finds that
contracts for goods required by law to be procured pursuant to competitive
bidding, pursuant to § 103 of the General Municipal Law,
should be procured in a manner so as to assure the prudent and economical
use of public monies, in the best interests of the taxpayers, to facilitate
the acquisition of goods of maximum quality at the lowest price possible
under the circumstances, and to guard against favoritism, extravagance,
fraud and corruption. The Council finds further that while the lowest
responsible bidder has been the historically accepted method of awarding
such contracts, the lowest responsible bidder may not offer the most
cost-effective or efficient option long term. Accordingly, the Council
wishes to exercise its authority pursuant to General Municipal Law
§ 103, Subdivision 1, to adopt the within standards permitting
the City, and its bodies, officers and agents, to apply the "best
value" standard for awarding purchase contracts.
B.
Award of contracts to other than lowest responsible bidder.
(1)
Any purchase contract awarded by the City shall be awarded on the
basis of lowest responsible bidder unless the City Administrator authorizes
an award on the basis of "best value." For purposes of this chapter,
"best value" shall be defined as set forth in § 163, Subdivision
1j, of the State Finance Law, as "the basis for awarding contracts
for services to the offerer which optimizes quality, cost and efficiency,
among responsive and responsible offerers." The head of the contracting
agency shall, before publication of the request for proposals, prepare
and submit to the City Administrator a written statement detailing
the reasons why it is in the best interests of the City of Beacon
and its taxpayers to make an award on the basis of best value instead
of lowest responsible bidder. The City Administrator shall consider
the contracting agency's submission and shall make a written
determination, issued to the contracting agency, with respect to which
standard shall be applied to the contract under review.
(2)
Factors which must be considered by the contracting agency in awarding
a purchase contract on the basis of best value are:
(a)
The need for the costlier option as compared with all lower
bids, supported by specific facts;
(b)
The cost of the option chosen as compared with all lower bids;
(c)
The reputation of the bidder chosen for providing quality goods
or services;
(d)
The durability, estimated life and estimated cost of maintenance
of the goods; and
(e)
Such other considerations as the City Administrator or contracting
agency shall deem relevant and material to the letting of the contract.
(3)
The bid award shall be accompanied by a written statement discussing the factors in Subsection B(2) and explaining how the award is expected to result in savings for the City over time. Wherever possible, such statements shall also include objective and quantifiable analyses comparing the bid accepted to all less expensive options.
Notwithstanding the provisions of §§ 53-1 and 53-2 of this chapter, any contracting agency authorized to make purchases of apparatuses, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatuses, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, through the use of a contract if said contract was:
A.
Let by the United States of America, or any agency thereof, or any
state, or any other political subdivision or district therein;
B.
Let to the lowest responsible bidder or on the basis of best value
in a manner consistent with § 103 of the New York General
Municipal Law; and
C.
Made available for use by other governmental entities.
