[HISTORY: Adopted by the Village Board of Trustees of the
Village of Pleasantville 6-27-2022 by L.L. No. 5-2022. Amendments noted where
applicable.]
A.
New York
General Municipal Law § 103(1) allows the Village of Pleasantville
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.
Purchase contracts that have been procured pursuant to competitive
bidding under General Municipal Law § 103 by either lowest
responsible bidder or best value may be awarded so long as the award
process complies with the terms of this chapter and General Municipal
Law § 103.
For purposes of this chapter, the following definitions shall
apply:
The basis for awarding certain purchase contracts to bidders
or offerors which optimizes quality, cost and efficiency, among responsive
and responsible bidders. Such basis shall reflect, wherever possible,
objective and quantifiable analysis. Such basis may also identify
a quantitative factor for bidders that are small businesses, and certified
minority- or women-owned business enterprises as defined in Subdivisions
1, 7, 15 and 20 of § 310 of the Executive Law or service-disabled
veteran-owned business enterprises as defined in Subdivision 1 of
§ 369-h of the Executive Law to be used in evaluation of
offers for awarding of contracts for services.
A.
A best value
solicitation shall contain a specific notification that the solicitation
will be analyzed and awarded in accordance with best value. Such solicitations
shall prescribe the minimum specifications or requirements that must
be met in order to be considered responsive and shall describe and
disclose the general manner in which the evaluation and selection
shall be conducted.
B.
When the
basis for award is based upon a best value offer, the Village Administrator
and/or designee shall document the evaluation criteria and the process
used to make such determination.
C.
A contract
that is awarded on the basis of best value instead of lowest responsible
bidder shall be authorized only when the basis for determining best
value is thoroughly and accurately documented.
A.
Goods and
services procured and awarded on the basis of best value are those
that the Village determines will be of the highest quality while being
the most cost-efficient as offered by responsive and responsible bidders
and offerors. The determination of quality and cost efficiency shall
be based on objectively quantified and clearly described and documented
criteria.
B.
Evaluation
criteria to be considered in the award of a purchase contract on the
basis of best value may include, but is not limited to:
(1)
The need
for the costlier option as compared with all lower bids, supported
by specific facts;
(2)
The cost
of the option chosen as compared with all lower bids;
(3)
The reputation
of the bidder chosen for providing quality goods or services;
(4)
The performance,
durability, reliability, product performance criteria, quality of
craftsmanship and estimated life of the goods;
(5)
The estimated
cost and extent of maintenance of the goods, including availability
of replacement parts or maintenance contractors;
(6)
The organization,
staffing and financial capabilities of the bidder; and
(7)
The past
performance record of the bidder and the bidder's experience with
similar contracts.
A.
The provisions
of this chapter apply to Village purchase contracts involving an expenditure
of more than $20,000, including contracts for service work, but excluding
any purchase contract necessary for the completion of a public works
contract pursuant to Article 8 of the State Labor Law and excluding
any other contract that may in the future be excluded under state
law from the best value option.
B.
If the applicable
dollar threshold of General Municipal Law § 103 is increased
or decreased in the future by the State Legislature, the applicable
dollar threshold set forth herein shall be deemed simultaneously amended
to match the new General Municipal Law threshold.
