Procurement of goods and services by the Village of Port Chester shall be in conformance with the Village of Port Chester's procurement policy, established under the provisions of New York State General Municipal Law § 103 and § 104-b, which shall be reviewed, updated if necessary and adopted by the Board of Trustees on an annual basis.
[HISTORY: Adopted by the Village Board of the Village of Port Chester 2-17-2026 by L.L. No. 6-2026. Amendments noted where applicable.]
This chapter applies to all funds and departments of the Village, and exceptions shall be made only when authorized by resolution of the Board of Trustees, or under emergency procurement under applicable provisions of New York State law.
The Village of Port Chester may participate in shared purchasing initiatives including those awarded on the basis of best value as defined in Article II herein, provided that such awards comply with New York State and local law as determined by the Village Attorney.
New York General Municipal Law § 103(1) 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-effective over time to award the good or service to other than the lowest responsible bidder or offeror if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
Whenever used in this article, the following terms shall mean:
The basis for awarding contracts for services to the offeror which optimizes quality, cost and efficiency, among responsive and responsible offerors. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15, and 20 of § 310 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 this 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 Manager and/or designee shall document the evaluation criteria and the process used to make such determination.
A.
The provisions of this chapter apply to Village contracts involving an expenditure of more than $20,000 for goods and Village contracts for services involving an expenditure of more than $35,000, but exclude purchase contracts 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.
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, which may include, but shall not be limited to, any or all of the following, which shall be supported by specific facts:
A.
The need for the costlier option as compared with all lower bids;
B.
The cost of the option chosen as compared with all lower bids;
C.
The references and/or reputation of the bidder chosen for providing quality goods or services;
D.
The product or service features, durability, reliability, product performance criteria, quality of craftsmanship, estimated life of the goods, and warranties;
E.
The estimated cost and extent of maintenance of the goods, including useful lifespan, availability of replacement parts or maintenance contractors;
F.
The organization, staffing and financial capabilities of the bidder;
G.
The past performance record of the bidder and the bidder's experience with similar contracts; and
H.
The bidder's proximity to the Village if distance or response time is a significant factor.
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.