[HISTORY: Adopted by the Village Board of the Village of Cornwall-on-Hudson 10-15-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
The lowest responsible bidder shall be awarded a purchase or public works contract unless the Village determines that it is in the best interests of the Village and its taxpayers to make an award to other than the low bidder through use of the "best value" option or the "piggybacking" option set out below. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
Best value purchasing. Pursuant to General Municipal Law § 103, the Village may award certain purchase contracts and contracts for services using the "best value" standard, as follows:
Definition. For purposes of this section, "best value" means the basis for awarding contracts for purchases and services to the offerer that optimizes quality, cost, and efficiency among responsive and responsible offerers.
Applicability. The "best value" option may be used for purchase contracts involving an expenditure of more than $20,000 and 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 State Labor Law and excluding any other contract that may in the future be excluded under state law from the "best value" option. If the dollar thresholds set forth in 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.
Standards for best value. Goods and services procured and awarded on the basis of best value are those that the Village Board determines will be of the highest quality and most cost-efficient in the long term. 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, and any other factors deemed relevant by the Village Board. Such basis may also identify a quantifiable factor for offerers that are small businesses, certified minority- or women-owned business enterprises or service-disabled veteran-owned business enterprises, as defined in the Executive Law, to be used in evaluation of offers for awarding contracts for services.
Documentation. 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.
Piggybacking" is permissible as an exception to the general bidding requirements set forth in subdivisions 1, 2 and 3 of General Municipal Law § 103, and § 104 of the General Municipal Law. Consistent with General Municipal Law § 103, Subdivision 16, the Village Board may make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment and supplies, may make such purchases, or may contract for such services related to the installation, maintenance, or repair of apparatus, materials, equipment or supplies as may be required through the use of a contract let by the United States of America or any agency thereof, any state or any other political subdivision or district therein if such contract was· let to the lowest responsible bidder or on the basis of best value and made available for use by other governmental entities.