[HISTORY: Adopted by the Council of the City of Rye as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-7-2018 by L.L. No. 8-2018]
This article shall be known as the "City of Rye Local Law Authorizing
Best Value Competitive Bidding and Procurement."
The intent of this article is to allow the City of Rye the option
to award certain purchase contracts (including contracts for services)
subject to competitive bidding under § 103 of the General
Municipal Law on the basis of low bid or "best value" as defined in
§ 163 of the New York State Finance Law.
This article is enacted pursuant to New York State General Municipal
Law § 103.
A.
Authority and purpose. Section 103 of the New York General Municipal
Law allows the City 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. The best value option may be used, for example, if it is more
cost-efficient over time to award the goods or service to other than
the lowest responsible bidder or offerer if factors such as lower
cost of maintenance, durability, high quality and longer product life
can be documented.
B.
Award based on best value. The City Council may award purchase contracts,
including contracts for services, on the basis of "best value" as
the term is defined in New York State Finance Law § 163.
All contracts or purchase orders awarded based on value shall require
City Council approval.
C.
Applicability. The provisions of this article 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 the 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.
D.
Standards for best value.
(1)
Goods and services procured and awarded based on the basis of best
value are those that the City Council determines optimize quality,
cost and efficiency, among responsive and responsible bidder or offerers.
(2)
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:
E.
Documentation. 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.
F.
Piggybacking of purchases. Notwithstanding the provisions of this
article, the City of Rye may, for purposes of public purchases, utilize
the provisions of General Municipal Law § 103, the City
of Rye may purchase through the bids solicited by the United States
government, New York State, other U.S. states and/or any other political
subdivision, provided that those contracts clearly state that they
are available for use by other governmental entities within the requirements
of General Municipal Law § 103, Subdivision 16. Prior to
such purchase, the City of Rye will ensure that a piggyback purchase
qualifies as follows:
(1)
The contract involved must have been available for use by other governmental
entities through the bid solicitation process. In such case, the City
of Rye should determine that there is contained within the bidding
municipality's bid package a provision that the bid is open to and
can be used by either the City of Rye or other municipalities. This
determination should be made on a case-by-case basis.
(2)
The specific contract must have been issued in accordance with the
provisions of General Municipal Law § 103.
G.
Procurement policy superseded where inconsistent. Any inconsistent
provision of the City's procurement policy, as adopted prior to the
effective date of this article by resolution of the City Council,
or as amended thereafter, shall be deemed superseded by the provisions
of this article.
