[HISTORY: Adopted by the Board of Trustees
of the Village of Oxford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-2-1992]
Every prospective purchase of goods or services
shall be evaluated to determine the applicability of § 103
of the General Municipal Law. Every village officer, board, department
head or other personnel with the requisite purchasing authority (hereinafter
"purchaser") shall estimate the cumulative amount of the items of
supply or equipment needed in a given fiscal year. That estimate shall
include the canvass of other village departments and past history
to determine the likely yearly value of the commodity to be acquired.
The information gathered and conclusions reached shall be documented
and kept with the file or other documentation supporting the purchase
activity.
All purchases of supplies or equipment which
will exceed $10,000 in the fiscal year or public works contracts over
$20,000 shall be formally bid pursuant to § 103 of the General
Municipal Law.
A.
All estimated purchases of:
(1)
Ten thousand dollars or less than $10,000 but greater
than $3,001 require a written request for a proposal (RFP) and written/FAX
quotes from three vendors.
(2)
Three thousand dollars or less than $3,000 but greater
than $1,001 require an oral request for the goods and oral/FAX quotes
from two vendors.
(3)
One thousand dollars or less than $1,000 but greater
than zero dollars are left to the discretion of the purchaser.
B.
All estimated public works contracts of:
(1)
Twenty thousand dollars or less than $20,000 but greater
than $10,001 require a written request for a proposal and FAX/proposals
from three contractors.
(2)
Ten thousand dollars or less than $10,000 but greater
than $3,001 require a written request for a proposal and FAX/proposals
from two contractors.
(3)
Three thousand dollars or less than $3,000 but greater
than zero dollars $0. are left to be discretion of the purchaser.
C.
Any written RFP shall describe the desired goods,
quantity and the particulars of delivery. The purchaser shall compile
a list of all vendors from whom written/fax/oral quotes have been
requested and the written/fax/oral quotes offered.
D.
All information gathered in complying with the procedures
of this section shall be preserved and filed with the documentation
supporting the subsequent purchase or public works contract.
The lowest responsible proposal or quote shall
be awarded the purchase or public works contract unless the purchaser
prepares a written justification providing reasons why it is in the
best interest of the village and its taxpayers to make an award to
other than the low bidder. If a bidder is not deemed responsible,
facts supporting that judgment shall also be documented and filed
with the record supporting the procurement.
A good faith effort shall be made to obtain
the required number of proposals or quotations. If the purchaser is
unable to obtain the required number of proposals or quotations, the
purchaser shall document the attempt made at obtaining the proposals.
In no event shall the inability to obtain the proposals or quotes
be a bar to the procurement.
Except when directed by the Village Board, no
solicitation of written proposals or quotations shall be required
under the following circumstances:
A.
Acquisition of professional services.
B.
Emergencies, with concurrence of Committee Chairman.
C.
Sole source situations.
D.
Goods or services purchased from agencies for the
blind or severely handicapped.
E.
Goods or services purchased from correctional facilities.
F.
Goods purchased from another governmental agency.
G.
Goods purchased at auction.
H.
Goods purchased for less than $251.
I.
Public works contracts for less than $250.
This policy shall be reviewed annually by the
Village Board at its organizational meeting or as soon thereafter
as is reasonably practicable.
[Adopted 7-30-2019 by L.L. No. 1-2019]
This article shall be known as the "Village of Oxford Local
Law Authorizing Best Value Competitive Bidding and Procurement."
The intent of this article is to allow the Village Board 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 a low bid or "best value"
as defined in § 163 of the New York State Finance Law.
Tthis 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 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. The best value option may be used, for example, if it is more
cost efficient over time to award the good or service to other than
the lowest responsible bidder or offer 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 Village Board 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
Village Board approval.
C.
Applicability. The provisions of this article apply to Village 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 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.
Standard for best value.
(1)
Goods and services procured and awarded on the basis of best value
are those that the Village Board determines optimize quality, cost
and efficiency, among responsive and responsible bidders or offers.
(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.
(3)
The criteria may include, but shall not be limited to, any or all
of the following: cost of maintenance; proximity to the contractors;
longer product life; product performance criteria; and quality of
craftsmanship.
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.
Procurement policy superseded where inconsistent. Any inconsistent
provision of the Village's procurement policy, as adopted prior
to the effective date of this article by resolution of the Village
Board, or as amended thereafter, shall be deemed superseded by the
provisions of this article.
If my clause, sentence, paragraph, subdivision, or part of this
article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
