[HISTORY: Adopted by the Town Board of the Town of Champlain
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-2014 by L.L.
No. 1-2014]
The Town Board seeks to exercise the local option set forth
in § 103, Subdivision 1, of the New York General Municipal
Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of
the Laws of 2012, which amendment authorized the Town to award purchase
contracts and contracts of services subject to competitive bidding
and/or competitive request for proposals under General Municipal Law
§ 103 on the basis of either lowest responsible bidder or
"best value," as defined in § 163 of the New York State
Finance Law. The "best value" option may be used if it is more cost
efficient over time to award the good or service to other than the
lowest responsible bidder if factors such as lower cost of maintenance,
durability, higher quality and longer product life.
The Town Board may award purchase contracts and service contracts
that have been procured pursuant to competitive bidding and/or competitive
request for proposals under General Municipal Law § 103
by either lowest responsible bidder or best value.
The provisions of this chapter apply to Town purchase contracts
involving an expenditure of more than $20,000 and Town contracts for
services involving an expenditure or more than $35,000 but exclude
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the State Labor Law and exclude
any other contract that may in the future be excluded, under state
law from the best value option. If the dollar thresholds of 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.
Goods and services procured and awarded on the basis of best
value are those that the Town Board determines will be of the highest
quality while being the most cost efficient. 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; cost of
maintenance; proximity to the end user if distance or response time
is a significant term; durability; availability of replacement parts
or maintenance contractors; and longer product life; product performance
criteria; and quality of craftsmanship.
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.
This chapter is enacted pursuant to the authority of the Municipal
Home Rule and General Municipal Law § 103(1).
Any inconsistent provision of the Town's Procurement Policy,
as adopted prior to the effective date of this chapter by resolution
of the Town Board, or as amended thereafter, shall be deemed superseded
by the provisions of this chapter.
