[HISTORY: Adopted by the Board of Trustees of the Village of Oxford as indicated in article histories. Amendments noted where applicable.]
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.
All estimated purchases of:
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.
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.
One thousand dollars or less than $1,000 but greater than zero dollars are left to the discretion of the purchaser.
All estimated public works contracts of:
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.
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.
Three thousand dollars or less than $3,000 but greater than zero dollars $0. are left to be discretion of the purchaser.
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.
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:
Acquisition of professional services.
Emergencies, with concurrence of Committee Chairman.
Sole source situations.
Goods or services purchased from agencies for the blind or severely handicapped.
Goods or services purchased from correctional facilities.
Goods purchased from another governmental agency.
Goods purchased at auction.
Goods purchased for less than $251.
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.
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.
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.
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.
Standard for best value.
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.
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.
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.
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.
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.