(A) All awards based on best value shall require Village Board approval. When awarding a contract based upon best value the requirements of N.Y. Finance Law § 163 and the following criteria and procedures shall apply and be observed:
(1) The Village Board shall document in the procurement record and in advance of the initial receipt of offers a clearly articulated procedure and a clear statement of product specifications, requirements or work to be performed; a documentable process for soliciting bids, proposals or other offers; a balanced and fair method, established in advance of the receipt of offers, for evaluating offers and awarding contracts; contract terms and conditions that protect the village's interests and promote fairness in contracting with the business community; and a regular monitoring of vendor performance.
(2) Reasonable efforts shall be made to ensure that the private and not-for-profit sectors in New York State are apprised of procurement opportunities, including by specifying the elements of a responsible bid and disclosing the process for awarding contracts including, if applicable, the relative importance or weight of cost and the overall technical criterion for evaluating offers and ensuring the procurement is conducted accordingly.
(3) Guidelines and specifications for procurements and best value determinations shall reasonably address performance and shall prescribe the minimum specifications or requirements that must be met in order for an offer to be considered responsive, a process for ensuring a competitive field, a fair and equal opportunity for interested bidders to submit responsive offers, and a balanced and fair method of award. Such criteria may include, but are not limited to: the cost of maintenance; the proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; longer product life; product performance criteria; or quality of craftsmanship.
(4) In the event that no best value election is made purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security.
(5) All information gathered in the course of the bidding procedures of this local law shall be filed with the documentation supporting the subsequent purchase or public works contract. When a contract is awarded on the basis of best value rather than a lowest responsible bidder, the basis for determining best value shall be properly documented.
(B) The village shall adopt procurement policies that, in conjunction with this local law, help develop procedures for governing awards on the basis of best value. These policies may be adopted by resolution and shall be periodically reviewed and updated by the Village Board.
(Ord. 1-2016, passed 3-28-2016)