July 2014

     SCVOA ALERT  

 

  News from the Suffolk County Village Officials Association

 

 

Executive Board

 

President

 Mayor Ralph A. Scordino

     Village of Babylon

1st Vice President
Mayor Allan M. Dorman
Village of Islandia

2nd Vice President

Mayor Richard B. Smith
Village of Nissequogue

Treasurer/Secretary

  Mayor Thomas A. Brennan 
Village of Lindenhurst 

Immediate Past
President
Mayor Timothy M. Hogue
Village of Dering Harbor  

 

Past President

Mayor Paul V. Pontieri, Jr.
Village of Patchogue

 

Past President
Mayor Paul F. Rickenbach, Jr.
Village of East Hampton

 

President Emeritus 
Hon. Peter T. Imbert
Former Mayor,
Village of Amityville

Executive Director

Hon. Paul J. Tonna
Former Suffolk County Presiding Officer 

 

Counsel

Hon. Peter A. Bee, Esq.
Former Mayor,
Village of Garden City

Project Manager
Deborah Young 

 

 

  

SCVOA
Suffolk County Village Officials Association
69 Chichester Road
Huntington, NY 11743
631-327-7342 

 

"BEST VALUE" PURCHASING FOR VILLAGES

 

Dear Village Officials,  

 

In 2011, the State Legislature passed legislation authorizing villages to use the standard of "best value" (in lieu of "lowest responsible bidder") for certain purchase contracts.  The law amended General Municipal Law section 103, and defined "best value" as a selection which optimizes quality, cost and efficiency among responsive and responsible offerers.  Use of the standard should reflect (where possible) objective and quantifiable analysis, e.g., a scoring, grading or other evaluation system weighing multiple factors.

 

The good news is that the legislation offers villages an additional tool with which choices can be made that better reflect quality rather than only price, and which enables villages to join certain multi-jurisdictional purchasing Cooperatives previously closed to them.  Unfortunately, there is also risk: the enabling state statute is arguably poorly drawn, lacks adequate guidelines from the State Comptroller's Office, and could well lead to litigation by vendors passed over on a "best value" standard (but who would have been selected on a "lowest responsible bidder" standard).  The enabling legislation also calls for the village to enact "standards" when employing the "best value" criteria, and the enactment of those standards (in the absence of State Comptroller guidelines) could be challenged. 

 

Whether use of the new law (which requires adoption through a local village law) works for your village is a topic to be discussed with your individual village attorney.  As always, SCVOA - and its Counsel - are here to help.


Hon. Peter A. Bee, Esq.
Counsel
Suffolk County Village Officials Association