[HISTORY: Adopted by the Board of Trustees of the Village
of West Carthage 2-10-2014 by L.L.
No. 3-2014. Amendments noted where applicable.]
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 goods or service contract to
other than the lowest responsible bidder or offeror if factors such
as, but not limited to, lower cost of maintenance, durability, higher
quality, availability of replacement parts or maintenance contractors,
longer product life and product performance criteria are considered
and objectively quantified and clearly described and documented.
The Village Board may award purchase contracts, including contracts
for services, on the basis of "best value" as that term is defined
in New York State Finance Law § 163. All awards based on
best value shall require Village Board approval.
The provisions of this chapter apply to Village purchase contracts
involving an expenditure of more than $20,000 and Village contracts
for services involving an expenditure of more than $35,000 but excluding
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the New York State 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.
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 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:
lower cost of maintenance, durability, higher quality, availability
of replacement parts or maintenance contractors, 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 chapter by
resolution of the Village Board or as amended thereafter, shall be
deemed superseded by the provisions of this chapter.
If any part of this chapter shall be found to be void, voidable
or unenforceable for any reason whatsoever, it shall not affect the
validity of this chapter.
