[Adopted 5-2-2018 by L.L.
No. 2-2018]
"Contracting agencies" (as that term is defined in § 39-3) may award purchase contracts, including contracts for services, on the basis of "best value," as that term is defined in New York State Finance Law § 163. All awards based on best value shall require Common Council approval.
The provisions of this chapter apply to City purchase contracts,
including contracts for services, involving an expenditure of more
than $20,000, but excluding purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option. If the dollar thresholds of
New York 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 Common Council determines optimize quality,
cost and efficiency, among responsive and responsible bidders or offers.
Where possible, the determination shall be based on an objective and
quantifiable analysis of clearly described and documented criteria
as they apply to the rating of bids or offers. The criteria may include,
but shall not be limited to, any 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; 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 City's procurement policy,
as adopted prior to the effective date of this article by resolution
of the Common Council, or as amended thereafter, shall be deemed superseded
by the provisions of this article.
