[HISTORY: Adopted by the City Council of the City of Batavia 11-10-2014 by L.L. No. 3-2014. Amendments noted where applicable.]
Finances — See Ch. 17.
The intent of this chapter shall be to authorize the use of best value criteria when awarding purchase and service contracts consistent with § 103 of the General Municipal Law and § 163 of the New York State Finance Law. Use of best value criteria is intended to provide the City of Batavia greater flexibility in awarding contracts and ensure that the City of Batavia obtains the highest quality goods and services at a low cost. Awarding contracts on the basis of best value standards is further intended to promote competition, foster fairness among vendors and competitors, expedite contract awards, optimize quality, control costs and enhance efficiency among responsive and responsible offerors.
As used in this chapter, the following terms shall have the meanings indicated:
- BEST VALUE
- The basis for awarding contracts for services to the offeror which 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 Executive Law § 310, Subdivisions 1, 7, 15, and 20, and as may be amended.
- PROCUREMENT RECORD
- Purchasing documents such as requisition, purchase order, and competitive bid, etc.
- PUBLIC WORKS CONTRACTS
- Contracts for items or projects involving primarily labor or both material and labor where labor is the major portion of the contract.
- PURCHASE CONTRACTS
- Contracts for goods, commodities and equipment, including technology.
- RESPONSIVE AND RESPONSIBLE OFFEROR
- A responsive offeror is an offeror meeting the minimum specifications. In assessing whether an offeror is responsible, the City of Batavia should consider an offeror's capacity and financial ability to complete the contract, accountability, past performance, reliability and integrity per State Finance Law, § 163, Subdivision lc and 1d.
Where the basis for award is the best value offer, the procurement record shall include documentation, in advance of the initial receipt of offers, the evaluation criteria, which whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process (rating of proposals) and selection shall be conducted.
The solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the City of Batavia in its determination of best value.
Best value is also an approved award basis for contracts to be piggybacked.
Procedures that govern the award of contracts on the basis of best value shall be included in the City of Batavia's Purchasing Manual and reviewed annually by the Council of the City of Batavia in conjunction with its annual review and approval of the Purchasing Manual, consistent with General Municipal Law, § 104-b, Subdivision 2f.
If any section or subsection, clause, sentence, paragraph, subdivision, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance shall be adjusted by any court or competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section or subsection, clause, sentence, paragraph, subdivision or part of this chapter or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
This chapter shall take effect immediately upon filing with the Secretary of State.