[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:
A. Lowest cost of maintenance for good(s) or service(s);
B. Durability of good(s) or service(s);
C. Higher quality of good(s) or service(s); or
D. Longer product life of good(s) or service(s).
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.
A. 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.
B. 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.
C. 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.