[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool as indicated in article histories. Amendments noted where applicable.]
Code of Ethics — See Ch. 38.
[Adopted 9-19-2016 by L.L. No. 5-2016]
This article is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
This article shall be known as the "Local Law Authorizing Purchasing Based on Best Value."
General Municipal Law § 103 requires 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. Section 103 was 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 State Finance Law § 163, to a responsive and responsible bidder or offeror. The Village of Liverpool Board of Trustees hereby determines that it is in the best interest of the Village of Liverpool and its residents for the Village of Liverpool Purchasing Agent (hereafter referred to as "Purchasing Agent") to have the authority to award purchase contracts on the basis of best value. Factors that may be used to enact the "best value" option, where cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder, are:
On and after the effective date of this article, the Purchasing Agent 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 Labor Law Article 8, on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror.
Where the basis for award is the best value offer, the Purchasing Agent shall document, in the procurement record and in advance of the initial receipt of offers, the determination of 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 and selection shall be conducted.
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Purchasing Agent in their determination of best value.
The election to award any such contract on the basis of best value shall be made by the Purchasing Agent in consultation with the department head and appropriate legislative committee. In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with the Village of Liverpool Procurement Policy.