[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 11-14-2016 by L.L. No. 20-2016, effective 11-23-2016. [1]Amendments noted where applicable.]
[1]
Editor’s Note: Former Ch. 61, Procurement and Purchasing
Policy, adopted 3-10-2014, was repealed 2-22-2016 by L.L. No. 3-2016,
effective 3-8-2016.
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 efficient over time to award the good or service to other than
the lowest responsible bidder or offerer if factors such as lower
cost of maintenance, durability, higher quality and longer product
life can be documented.
Purchase contracts that have been procured pursuant to competitive
bidding under General Municipal Law § 103 by either lowest
responsible bidder or best value may be awarded so long as the award
process complies with the terms of this chapter and General Municipal
Law § 103.
Whenever used in this article, the following terms shall mean:
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 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.
B.
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.
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: product or service features,
quality, durability, reliability, product performance criteria, quality
of craftsmanship, cost and extent of maintenance, useful lifespan,
availability of replacement parts, availability of maintenance contractors,
warranties, proximity to the end user if distance or response time
is a significant factor, references, past performance, organization
and staffing, and financial capabilities.
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.
