[HISTORY: Adopted by the Board of Trustees of the Village
of Woodbury 9-21-2023 by L.L. No. 12-2023. Amendments noted where applicable.]
It is the intent of this chapter to allow the Village of Woodbury
the option to award certain contracts, which are subject to competitive
bidding pursuant to General Municipal Law § 103, on the
basis of best value, as defined in State Finance Law § 163.
This chapter is adopted pursuant to New York State General Municipal
Law § 103, which allows municipalities to authorize, by
local law, the award of purchase contracts and contracts for services
subject to competitive bidding 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, based on factors such as lower cost
of maintenance, durability, higher quality and longer product life.
A.
Award based on best value. Goods and services procured and awarded
on the basis of best value are those that the Board of Trustees determines
will be of the highest quality while being the most cost-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, any 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; longer product life;
product performance criteria; and quality of craftsmanship.
B.
Applicability. These sections apply to all Village purchase contracts,
including those involving an expenditure of more than $20,000, and
Village contracts for services involving an expenditure of more than
$35,000, but excludes purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the State Labor
Law as well as excluding any other contracts in accordance with current
or future state law. 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.
C.
Standard for best value.
(1)
State Finance Law § 163 defines "best value" as "the basis
for awarding contracts for services to the offerer which optimizes
quality, cost and efficiency, among responsive and responsible offerers.
Such basis shall reflect, wherever possible, objective and quantifiable
analysis." Such basis may also identify a quantitative factor for
offerers that are small businesses, certified minority- or women-owned
business enterprises or service-disabled veteran-owned business enterprises
as defined in New York State Executive Law to be used in evaluation
of offers for awarding of contracts for services.
(2)
The Board of Trustees has determined that appropriate criteria to
determine best value includes, but shall not be limited to: cost of
maintenance, longer product life, product performance criteria, durability,
and quality of craftsmanship.
D.
Documentation. Whenever any contract is awarded on the basis of best
value, the basis for determining best value shall be documented, and
shall be filed with the Village Clerk.
E.
Procurement policy superseded. Any inconsistent provision of the
Village's procurement policy, as adopted prior to the effective
date of this chapter, shall be deemed superseded by the provisions
of this chapter.
