[HISTORY: Adopted by the Board of Trustees of the Village
of Penn Yan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-2015 by L.L. No. 5-2015]
This article shall hereafter be known as the "Village of Penn
Yan Best Value Local Law."
A. The intent of this article is to allow the Board of Trustees of the
Village of Penn Yan to authorize the awarding of purchase contracts
on the basis of "best value."
B. Section 103 of the General Municipal Law (GML) previously required
competitive bidding for purchase contracts and public works contracts
and has historically required that such bids be awarded to the lowest
responsible bidder whose bid meets the requirements of the specifications
for the project.
C. Section 103 of the GML was recently amended to provide that by enacting
a local law so providing, municipalities may award purchase contracts,
which would otherwise be subject to the "lowest bidder" rule, on the
basis of best value, as defined in § 163 of the State Finance
Law, to a responsive and responsible bidder or offeror.
D. The Village of Penn Yan hereby determines that it is in the best
interests of the Village and its residents for the Board of Trustees
to have the authority to award purchase contracts on the basis of
best value.
E. This article is enacted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
A. On and after the effective date hereof, the Board of Trustees of
the Village of Penn Yan may award purchase contracts, including contracts
for service work, but excluding any purchase contracts necessary for
the completion of a public works contract pursuant to Article 8 of
the Labor Law, on the basis of best value, as defined in Section 163
of the State Finance Law, to a responsive and responsible bidder or
offeror.
B. The election to award any such contract on the basis of best value
shall be made by the Board of Trustees.
C. In the event that no such election is made, purchase contracts will
continue to be awarded to the lowest responsible bidder furnishing
the required security.