[Adopted by the Board of Trustees of the Village of Pelham 11-14-2017 by L.L. No. 6-2017. Amendments noted where applicable.]
A.
The
Village Board hereby finds that contracts for goods required by law
to be procured pursuant to competitive bidding, pursuant to Section
103 of the General Municipal Law, should be procured in a manner so
as to assure the prudent and economical use of public monies, in the
best interests of the taxpayers, to facilitate the acquisition of
goods and services of maximum quality at the lowest price possible
under the circumstances, and to guard against favoritism, extravagance,
fraud and corruption. The Village Board finds further that while the
lowest responsible bidder has been the historically accepted method
of awarding such contracts, the lowest responsible bidder may not
offer the most cost-effective option over time. Even if the initial
expenditure is higher, considering the total value of the life of
the procurement may result in a better value and long-term investment
of public funds. Best value procurement also encourages competition
and, in turn, often results in better pricing, quality and customer
service. Fostering healthy competition ensures that bidders will continue
to strive for excellence in identifying and meeting the Village's
needs. Best value procurement will provide much needed flexibility
in obtaining important goods and services at favorable prices, and
will reduce the time to procure such goods and services.
B.
New
York State General Municipal Law § 103(1) allows the Village
to authorize, by local law, the award of certain purchase contracts
(including contracts for services) subject to competitive bidding
under General Municipal Law § 103 on the basis of "best
value" as defined in § 163 of the New York State Finance
Law.
A.
A
purchase contract shall be awarded on the basis of lowest responsible
bidder unless the applicable Village department head prepares a written
specification prior to publication of the request for proposals providing
reasons why it is in the best interests of the Village and its taxpayers
to make an award on the basis of "best value," as defined at New York
State Finance Law § 163(j). The use of best value shall
be authorized by the Village Board in each instance.
B.
Factors
to be considered in the award of a purchase contract on the basis
of best value include:
(1)
The need for the costlier option as compared with all lower bids,
supported by specific facts;
(2)
The cost of the option chosen as compared with all lower bids;
(3)
The reputation of the bidder chosen for providing quality goods or
services; and
(4)
The performance, durability, estimated life and estimated cost of
maintenance of the goods, including availability of replacement parts
or maintenance contractors.
C.
The
bid award shall be accompanied by a statement explaining how the award
is expected to result in savings for the Village over time and, wherever
possible, shall include objective and quantifiable analysis of clearly
described and documented criteria, which include the forgoing enumerated
criteria, as they apply to the rating of bids or offers.
This chapter shall apply only to purchase contracts, which includes
contracts for service work, but excludes any purchase contracts necessary
for the completion of a public works contract pursuant to Article
8 of the Labor Law.
The Village shall update its procurement policy in accordance
with the provisions of this chapter.
