[HISTORY: Adopted by the Board of Trustees of the Village
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-6-2016 by L.L.
No. 4-2016]
A. General Municipal Law § 103 generally 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, but also provides 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 Board of the Village of
Hamilton hereby determines that it is in the best interest of the
Village of Hamilton and its residents for those Village of Hamilton
officials and employees making purchase decisions (hereafter referred
to as "Purchasing Agent") to have the authority to award purchase
contracts on the basis of best value.
B. Factors that may be used to enact the "best value" option to optimize
quality, cost and efficiency and thereby award a contract for the
procurement of good(s) or service(s) to other than the lowest bidder
are:
(1) Lowest cost of maintenance for good(s) or service(s) which may include
a future or present worth cost analysis;
(2) Durability and dependability of good(s) or service(s);
(3) Higher quality of good(s) or service(s);
(4) Longer product life of good(s) or service(s);
(5) The cost of delivery and/or transportation of the good(s) to their
needed location;
(6) Availability of the good(s) or service(s) and the length of time
between order and delivery;
(7) Operational advantages of the good(s) or service(s) that may improve
effectiveness or efficiencies of the good(s) or service(s).
A. 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.
B. 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.
C. 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.
D. The election to award any such contract on the basis of best value
shall be made by the Purchasing Agent, in consultation with the relevant
department head, agents or consultants to the Village, and also the
Village Board in such instances where Village Board approval of the
purchase contract is otherwise required. 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 otherwise applicable law and policy.