Westchester Reporter

Westchester County Executive Ken Jenkins has enacted a new law to improve the process of assessing and selecting contractors for public works projects. This measure is intended to enhance transparency and accountability and improve the management of taxpayer funds.

Jenkins emphasized the importance of responsible spending, stating: "Taxpayers deserve to know that their dollars are being spent wisely—and that public projects will be completed by contractors who have the track record and integrity to get the job done right. This law gives the County the tools to look beyond just the lowest price and instead focus on who is truly the lowest responsible bidder."

The amendment to Chapter 233 of the Laws of Westchester County will introduce a new Article IV, titled "Board of Acquisition and Contract," which establishes a comprehensive process for evaluating the responsibility of bidders for public works contracts over $35,000.

Chairman Vedat Gashi commented: “This law represents a significant step forward in our commitment to responsible governance and fiscal accountability. By establishing a more thorough vetting process for contractors, we're ensuring that Westchester County not only receives competitive pricing but also quality work from contractors with proven track records. This balanced approach protects taxpayer dollars while maintaining the high standards our residents expect for public infrastructure projects. Sincere thanks to County Executive Ken Jenkins for joining us in this bipartisan effort, which will bring about meaningful reform.”

Legislator Nancy E. Barr, Vice Chair of the Public Works & Transportation Committee and co-author of the bill, remarked: “This legislation gives Westchester the power to look beyond ‘lowest cost’ when awarding contracts. Quality workmanship, efficient operation, safety, and timely completion of projects are not necessarily assured by awarding a contract based solely on price. Bidders will now be required to complete a questionnaire which details their financial health, legal standing, integrity, and past performance. We're raising standards to make smarter decisions with taxpayer money, because the cheapest option isn't always the best deal.”

Erika L. Pierce, Chair of the Public Works & Transportation Committee and co-author of the bill, stated, “Westchester is required to award contracts, in most cases, to the lowest 'responsible' bidder. How we as a County define 'responsible' is the focus of this important good governance legislation. This legislation helps set up a structured system for identifying when a bidder might be deemed non-responsible, and a system for documenting that status for future contracts opportunities, protecting taxpayer money and producing better outcomes for our infrastructure projects.”

The law requires bidders to complete and certify a questionnaire detailing their financial capacity, legal authority, integrity, past performance, and compliance with relevant laws. This information, along with other documentation, will assist the County in making more informed decisions.

Additionally, the law includes a formal appeal process for bidders deemed non-responsible and mandates ongoing documentation from winning bidders to ensure they remain qualified throughout the contract duration. The law was passed unanimously by the Westchester County Board of Legislators.