[HISTORY: Adopted by the Town Board of the Town of Poestenkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2014 by L.L. No. 1-2014]
This article shall be known as "Town of Poestenkill Best Value
Contract Award Law."
A.Â
The State Legislature and Governor amended General Municipal Law
§ 103 on January 27, 2012, to provide local governments
greater flexibility in awarding contracts by authorizing the award
of purchase contracts, including contracts for service work, on the
basis of best value. The state legislation requires political subdivisions,
other than cities with a population of $1,000,000 or more inhabitants,
to pass a local law authorizing the use of the best value award process.
B.Â
Enactment of this legislation provides additional procurement options
to localities in ways that may expedite the procurement process and
result in cost savings. The best value standard for selecting goods
and services vendors, including janitorial and security contracts,
is critical to efforts to use strategic sourcing principles to modernize
the supply chain and ensure that taxpayers obtain the highest-quality
goods and services at the lowest potential cost, while also ensuring
fairness to all competitors.
C.Â
The federal government, approximately half of the states and many
localities have added best value selection processes to their procurement
options, in recognition of these advantages. With the increased complexity
of the goods and services that municipalities must obtain in order
to serve taxpayers, it is critical to consider selection and evaluation
criteria that measure factors other than cost in the strictest sense.
D.Â
Taxpayers are not well served when a public procurement results in
low unit costs at the outset, but ultimately engenders cost escalations
due to factors such as inferior quality, poor reliability and difficulty
of maintenance. Best value procurement links the procurement process
directly to the municipality's performance requirements, incorporating
selection factors such as useful lifespan, quality and options and
incentives for more timely performance and/or additional services.
E.Â
Even if the initial expenditure is higher, considering the total
value over the life of the procurement may result in a better value
and long-term investment of public funds. Best value procurement also
encourages competition and, in turn, often results in better pricing,
quality and customer service. Fostering healthy competition ensures
that bidders will continue to strive for excellence in identifying
and meeting municipalities' needs, including such important goals
as the participation of small, minority and women-owned businesses,
and the development of environmentally preferable goods and service
delivery methods. Best value procurement will provide much-needed
flexibility in obtaining important goods and services at favorable
prices, and will reduce the time to procure such goods and services.
As used in this chapter, the following terms shall have the
meanings indicated:
The basis for awarding contracts for services to the offeror
which optimizes quality, cost and efficiency, among responsive and
responsible offerors. Such basis shall reflect, wherever possible,
objective and quantifiable analysis. Such basis may also identify
a quantitative factor for offerors that are small businesses or certified
minority- or women-owned business enterprises as defined in Subdivisions
1, 7, 15 and 20 of § 310 of the Executive Law to be used
in evaluation of offers for awarding of contracts for services.
A.Â
Where the basis for award is the best value offer, the Purchasing
Agent shall document, in the procurement record and in advance of
the initial receipt of offers, the determination of the evaluation
criteria, which, whenever possible, shall be quantifiable, and the
process to be used in the determination of best value and the manner
in which the evaluation process and selection shall be conducted.
B.Â
The Purchasing Agent shall select a formal competitive procurement
process in accordance with guidelines established by the State Procurement
Council and the Town of Poestenkill Procurement Policy and document
its determination in the procurement record. The process shall include,
but is not limited to, a clear statement of need; a description of
the required specifications governing performance and related factors;
a reasonable process for ensuring a competitive field; a fair and
equal opportunity for offerors to submit responsive offers; and a
balanced and fair method of award. Where the basis for the award is
best value, documentation in the procurement record shall, where practicable,
include a quantification of the application of the criteria to the
rating of proposals and the evaluation results, or, where not practicable,
such other justification which demonstrates that best value will be
achieved.
C.Â
The solicitation shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted. Where appropriate, the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criterion to be considered by the Town of Poestenkill in its determination
of best value.
D.Â
The Purchasing Agent shall develop procedures that will govern the
award of contracts on the basis of best value. These procedures shall
be included in the Town of Poestenkill Procurement Policy and reviewed
annually by the Poestenkill Town Board in conjunction with its annual
review and approval of the Town of Poestenkill Procurement Policy.
E.Â
For purposes of this chapter, and unless the bid documents for any
specific matter shall specifically identify another Town official
or entity, the term "Purchasing Agent" shall deemed to be the Poestenkill
Town Board.