[HISTORY: Adopted by the Common Council of the City of Cortland 12-16-2014 by L.L. No.
1-2015. Amendments noted where applicable.]
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 Cortland greater flexibility in awarding contracts
and ensure that the City of Cortland 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:
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(1), (7), (15) and (20) and as may be amended.
Purchasing documents such as requisition, purchase order,
and competitive bid, etc.
Contracts for items or projects involving primarily labor
or both material and labor where labor is the major portion of the
contract.
Contracts for goods, commodities and equipment, including
technology.
A responsive offeror is an offeror meeting the minimum specifications.
In assessing whether an offeror is responsible, the City of Cortland
should consider an offeror's capacity and financial ability to
complete the contract, accountability, past performance, reliability
and integrity per State Finance Law, § 163(1)(c) and (d).
A.
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.
B.
The solicitation shall identify the relative importance and/or weight
of cost and the overall technical criterion to be considered by the
City of Cortland in its determination of best value.
C.
Best value is also an approved award basis for contracts to be piggybacked.
D.
Procedures that govern the award of contracts on the basis of best
value shall be included in the City of Cortland's Purchasing
Manual and reviewed annually by the Council of the City of Cortland
in conjunction with its annual review and approval of the Purchasing
Manual, consistent with General Municipal Law, § 104-b(2)(f).
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 adjudged by any court
of 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.