[Adopted 9-19-2017 by L.L. No. 8-2017]
The Village Board of Trustees seeks to exercise the local option
set forth in § 103, Subdivision 1, of the New York General
Municipal Law (GML), as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012, which amendment authorizes the
Village to award purchase contracts and contracts for services subject
to competitive bidding under General Municipal Law § 103
on the basis of either lowest responsible bidder or "best value" as
defined in § 163 of the New York State Finance Law. The
"best value" option may be used if it is more cost efficient over
time to award the good or service to other than the lowest responsible
bidder for factors such as lower cost of maintenance, durability,
higher quality and longer product life.
The Village Board of Trustees may award purchase contracts and
service contracts that have been procured pursuant to competitive
bidding under the General Municipal Law § 103 by either
lowest responsible bidder or best value.
The provisions of this article apply to Village purchase contracts
for commodities equipment and/or goods, and related service work.
By adopting GML § 103, subdivision 16, political subdivisions
such as the Village of Hempstead can award the contract on the basis
of determining the best value. The winning proposer, while not offering
the best aggregate price, would offer the best value in that its price
per technical quality point was lower than all other bidders. This
also may exclude any other contract that may in the future be excluded
under state law from the best value option. If the dollar thresholds
of General Municipal Law § 103 are increased or decreased
in the future by the State Legislature, the dollar thresholds set
forth herein shall be deemed simultaneously amended to match the new
General Municipal Law thresholds.
Goods and services procured and awarded on the basis of best
value are those that the Village Board of Trustees determines will
be of the highest quality while being the most efficient. The determination
of quality and cost efficiency shall be based on objectively quantified
and clearly described and documented criteria, which may include,
but shall not be limited to, and/or all of the following: cost of
maintenance; proximity to the end user if distance or response time
is a significant term; durability; availability of replacement parts
or maintenance contractors; and longer product life; product performance
criteria; and quality of craftsmanship.
Whenever any contract is awarded on the basis of best value
instead of lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
Any inconsistent provision of the Village's Procurement
Policy, as adopted prior to the effective date of this article by
resolution of the Village Board of Trustees, or as amended thereafter,
shall be deemed superseded by the provisions of this article.