[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-25-2016 by L.L. No. 4-2016]
It is the intent of this article to allow the Village of Maybrook the option to award certain purchase contracts (including contracts for services) 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 article is adopted pursuant to New York State General Municipal Law § 103, which allows municipalities to authorize, by local law, the award of certain purchase contracts, which are subject to competitive bidding, including contracts for services, on the basis of "best value" as defined by State Finance Law § 163. The best-value option may be used if it is more cost-efficient to the Village over time to award the contract for goods or services to other than the lowest responsible bidder if certain factors can be documented.
A. 
Award based on best value. The Board of Trustees may award purchase contracts, including contracts for service work, on the basis of "best value" as the term is defined in State Finance Law § 163. All contracts or purchase orders awarded based on best value shall require Board of Trustees approval.
B. 
Applicability. This article shall apply to Village purchase contracts, including contracts for service work, 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 General Municipal Law § 103 are increased or decreased in the future by the New York State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to correspond to the new 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 article, shall be deemed superseded by the provisions of this article.
If any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance, shall be determined 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.