[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2017 by L.L. No. 8-2017]
Editor's Note: This local law was adopted as Ch. 128, but was renumbered to fit into the organizational structure of the Code.
The Village Board of Trustees seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law (GML), as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, which amendment authorizes the Village to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either lowest responsible bidder or "best value" as defined in § 163 of the New York State Finance Law. The "best value" option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder for factors such as lower cost of maintenance, durability, higher quality and longer product life.
The Village Board of Trustees may award purchase contracts and service contracts that have been procured pursuant to competitive bidding under the General Municipal Law § 103 by either lowest responsible bidder or best value.
The provisions of this article apply to Village purchase contracts for commodities equipment and/or goods, and related service work. By adopting GML § 103, subdivision 16, political subdivisions such as the Village of Hempstead can award the contract on the basis of determining the best value. The winning proposer, while not offering the best aggregate price, would offer the best value in that its price per technical quality point was lower than all other bidders. This also may exclude 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 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 Board of Trustees determines will be of the highest quality while being the most efficient. 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, and/or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; and longer product life; product performance criteria; and quality of craftsmanship.
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.
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 of Trustees, or as amended thereafter, shall be deemed superseded by the provisions of this article.