[HISTORY: Adopted by the Governing Body of the Town/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 State Finance Law § 163,
to a responsive and responsible bidder or offeror. The Town/Village
Board hereby determines that it is in the best interest of the Town/Village
of East Rochester and its residents for the Town/Village Board of
Trustees 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 Town/Village Board of
Trustees 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
Town/Village Board of Trustees 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 Town/Village Board of Trustees. 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.
