[HISTORY: Adopted by the Board of Trustees of the Village
of Wappingers Falls 4-29-2020 by L.L. No. 4-2020. Amendments noted where
applicable.]
The Village Board of Trustees seeks to exercise the option to
award certain purchase contracts subject to competitive bidding under
General Municipal Law § 103 on the basis of either lowest
responsible bidder or "best value" as defined in § 163 of
the New York State Finance Law. The "best value" option may be used
if it is more cost efficient over time to award the good or service
to other than the lowest responsible bidder for factors such as lower
cost of maintenance, durability, higher quality and longer product
life.
The Village Board of Trustees may award purchase contracts and
service contracts that have been procured pursuant to competitive
bidding under the General Municipal Law § 103 by either
lowest responsible bidder or best value. All awards based on best
value shall require Village Board approval.
The provisions of this article apply to Village purchase contracts
for commodities equipment and/or goods, and related service work.
By adopting GML § 103, Subdivision 16, political subdivisions
such as the Village of Wappingers Falls can award the contract on
the basis of determining the best value. The winning proposer, while
not offering the best aggregate price, would offer the best value
in that its price per technical quality point was lower than all other
bidders. This also may exclude any other contract that may in the
future be excluded under state law from the best value option. If
the dollar thresholds of 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.
Goods and services procured and awarded on the basis of best
value are those that the Village Board of Trustees determines will
be of the highest quality while being the most efficient. The determination
of quality and cost efficiency shall be based on objectively quantified
and clearly described and documented criteria, which may include,
but shall not be limited to, and/or all of the following: cost of
maintenance; proximity to the end user if distance or response time
is a significant term; durability; availability of replacement parts
or maintenance contractors; and longer product life; product performance
criteria; and quality of craftsmanship.
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.
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 of Trustees, or as amended thereafter,
shall be deemed superseded by the provisions of this article.
