Village of Springville, NY Chapter 28 Procurement

[[1]HISTORY: Adopted by the Board of Trustees of the Village of Springville as indicated in article histories. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 28, Procurement Policy, adopted 12-1-1997 by L.L. No. 6-1997, was repealed 4-4-2016 by L.L. No. 2-2016.

Article I Best Value Bid Awards

[Adopted 4-17-2023 by L.L. No. 4-2023]

§ 28-1 Award of best value contracts; applicability.

A. As provided in this article, the Village may, in its discretion, award any purchase contract involving an expenditure of more than $20,000, but excluding contracts in § 126-1B below, on the basis of "best value" as that term is defined in New York State Finance Law § 163. Village Board approval shall be required for all awards of contracts on a best value basis.

B. The provisions of this article do not apply to 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.

§ 28-2 Standard for best value.

A. Best value in regard to contracts for purchase or procurement of goods and services shall be based upon a determination by the Village Board that an award of the contract selected from among the responsive and responsible bidders optimizes the quality, cost and efficiency of the goods or services being purchased or procured by the Village in accordance with the terms of this article.

B. Although contract price is one consideration in determining best value, the lowest contract price offered will not necessarily constitute the best value among the proposed contracts tendered by the responsive and responsible bidders.

C. Where possible, the determination of best value 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.

D. The criteria may include, but shall not be limited to, any or all of the following:

(1) Product performance;

(2) Quality of craftsmanship;

(3) Proximity of the contractors;

(4) Product life;

(5) Cost of maintenance; and

(6) Warranties.

§ 28-3 Piggybacking of purchases.

The Village of Springville may, for purposes of public purchases, utilize the provisions of General Municipal Law § 103 with regard to so-called "piggybacking" of purchases. The Village may piggyback whenever allowed by law, including but not limited to the following situations and criteria:

A. Bids are solicited or bid lists generated by the United States government or New York State (and its political subdivisions and school districts), provided that such bids or bid lists are generated in such a manner as complies with General Municipal Law § 103.

B. A bid or bid list is generated by a governmental entity other than the United States government or New York State when such bid or bid list was generated in a manner consistent with or materially equivalent to the requirements of General Municipal Law § 103.

C. A foreign bid or bid list is specifically approved for piggybacking through the New York State Office of General Services.

§ 28-4 Procurement policy superseded.

Any provision of this article which is inconsistent with the provisions of the Village's procurement policy shall be deemed superseded by the provisions of this article.