[HISTORY: Adopted by the Board of Trustees of the Village
of East Rochester as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-14-2016 by L.L. No. 1-2016]
General Municipal Law § 103 requires competitive bidding
for purchase contracts and public works contracts and has historically
required that such bids be awarded to the lowest responsible bidder
whose bid meets the requirements of the specifications for the project.
Section 103 was amended to provide that by enacting a local law so
providing, towns and other municipalities may award purchase contracts
which would otherwise be subject to the "lowest bidder" rule on the
basis of best value, as defined in the State Finance Law § 163,
to a responsive and responsible bidder or offeror. The Village Board
hereby determines that it is in the best interest of the Town/Village
of East Rochester and its residents for the Village Board to have
the authority to award purchase contracts on the basis of best value.
On and after the effective date of this article, the Town/Village
of East Rochester may award purchase contracts, including contracts
for service work, but excluding any purchase contracts necessary for
the completion of a public works contract pursuant to Labor Law Article
8, on the basis of best value, as defined in State Finance Law § 163,
to a responsive and responsible bidder or offeror.
A.
Where the
basis for award is the best value offer, the Village Board shall document,
in the procurement record and in advance of the initial receipt of
offers, the determination of the evaluation criteria, which, whenever
possible, shall be quantifiable, and the process to be used in the
determination of best value and the manner in which the evaluation
process and selection shall be conducted.
B.
Where appropriate,
the solicitation shall identify the relative importance and/or weight
of cost and the overall technical criteria to be considered by the
Village Board in its determination of best value.
C.
The election
to award any such contract on the basis of best value shall be made
by the Village Board. In the event that no such election is made,
purchase contracts will continue to be awarded to the lowest responsible
bidder furnishing any required security.
If any provision of this article is determined to be unconstitutional
or invalid, the validity and enforceability of the remainder shall
not be affected.
