[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.]
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
