[HISTORY: Adopted by the Board of Trustees of the Village
of Waverly 3-27-2018 by L.L. No.
2-2018[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
113 but was renumbered to maintain the organizational structure of
the Code.
This article provides for the Village of Waverly Board to exercise
its local option from § 103, Subdivision 1, of the New York
Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter
2 of the Laws of 2012. This amendment authorizes villages to award
purchase and service contracts subject to competitive bidding under
General Municipal Law § 103 based on either lowest responsible
bidder or "best value," as defined in § 163 of the New York
State Finance Law. This best-value option may be, but is not required
to be, used to award an applicable purchase contract to optimize quality,
cost, and efficiency among responsive and responsible offers instead
of the lowest responsible bidder.
A.
In accordance with § 103, Subdivision 1, of the New York
General Municipal Law, as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012, the Village of Waverly Board may
award contracts, including both purchase contracts and those contracts
for service work, that have been procured pursuant to competitive
bidding under General Municipal Law § 103 by either lowest
responsible bidder or best value.
B.
Goods and services procured and awarded on the basis of best value
are those that the Village of Waverly Board determines will be of
the highest quality while being the most cost 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, 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.
These sections apply to Village of Waverly purchase contracts
involving an expenditure of more than $20,000 and Village of Waverly
public work contracts involving an expenditure of more than $35,000,
but exclude purchase contracts necessary for the completion of a public
works contract pursuant to Article 8 of the State Labor Law as well
as excluding any other contracts in accordance with future state law.
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.
A quote or proposal received pursuant to standard bidding procedures
may be awarded on either a best value or lowest responsible bidder
standard. All information gathered in the course of the bidding procedures
of this article shall be filed with the documentation supporting the
subsequent purchase or public works contract. When a contract is awarded
on the basis of best value rather than a lowest responsible bidder,
the basis for determining best value shall be thoroughly and accurately
documented.
Any inconsistent provision of the Village of Waverly's
procurement policy, as adopted prior to the effective date of this
article by resolution of the Village of Waverly Board, or as amended
thereafter, shall be deemed superseded by the provisions of this article.
