[HISTORY: Adopted by the Town Board of the Town of Warwick 6-11-2015 by L.L. No. 3-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 33,
Procurement Policy, adopted 1-4-1993.
The Town of Warwick 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 amendments authorize the Town of Warwick to
award purchase contracts and contracts for services subject to competitive
bidding 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 based on factors such
as lower cost of maintenance, durability, higher quality and longer
product life.
[Amended 9-11-2020 by L.L. No. 1-2020
A.
Purchase
contracts and service contracts that have been procured pursuant to
competitive bidding under General Municipal Law § 103 by
either lowest responsible bidder or best value may be awarded so long
as the award process complies with the terms of this chapter. The
Town Board is authorized to undertake a best value analysis of goods
and services subject to this chapter when, in the Town Board's judgment,
a best value analysis is prudent and advantageous to the Town. Awards
based on best value shall be approved by the Town Board and relevant
department or division heads.
B.
The Town
of Warwick, when receiving federal funds, will follow the procurement
guidelines of Sections 200.318 to 200.326 of the Federal Uniform Guidance
Standards.
Whenever used in this chapter, the following terms shall mean:
The basis for awarding contracts or purchases and/or services
to a responsive and responsible offeror and/or bidder who optimizes
quality, cost and efficiency for the Town based upon objective and
quantifiable analysis whenever possible. 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 Executive
Law § 310, Subdivisions 1, 7, 15 and 20, as may be amended.
Contracts for goods, commodities and equipment, including
technology.
The performance of a task or tasks, and may include a material
good or a quantity of material goods, and which is the subject of
any purchase or other exchange.
The Town of Warwick.
A.
A best value solicitation shall contain a specific notification that
the solicitation will be analyzed and awarded in accordance with this
Best Value Law and the relevant provisions of the Town's procurement
policy. Such solicitations 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.
B.
When the basis for award is based upon a best value offer, the Town
Board shall document the evaluation criteria and the process used
to make such determination.
C.
Whenever possible, the evaluation shall be based upon objective and
quantifiable factors and shall not be based solely on cost. The process
for procurements based upon best value and general evaluation criteria
is identified in this procurement policy, a copy of which shall be
maintained in the Purchasing Department and be made available to the
public.
D.
The solicitation documents shall state the minimum requirements and
specifications that must be met in order for the vendor and/or offeror
to be deemed responsive and responsible and shall identify the general
procedure and manner in which the evaluation and selection shall be
conducted. All such requirements shall remain consistent with the
Town's procurement policy.
E.
The Town Board shall make every effort to ensure that the solicitation
of documents, evaluation criteria and procedure for awarding purchase
and service contracts on the basis of best value comply with the Town's
procurement policy and local, state and/or federal rules, regulations
and/or laws.
A.
The provisions of this chapter apply to Town contracts involving
an expenditure of more than $20,000 for goods and Town contracts for
services involving an expenditure of 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 excluding
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.
B.
Quotes and RFPs.
(1)
All estimated purchases of less than $20,000 but greater than $1,000
require a written request for a proposal ("RFP") and written/fax quotes
from three vendors.
(2)
For all estimated purchases of less than $1,000, the source is left
to the discretion of the purchaser.
(3)
All estimated public works contracts of less than $35,000 but greater
than $3,000 require a written RFP and written/fax proposals from at
least three contractors.
(4)
All estimated public works contracts of less than $3,000 must be
approved by the Town Supervisor.
(5)
All contracts of $3,000 or more must be approved by the Town Board.
Contracts of less than $3,000 must be approved by the Town Supervisor.
Goods and services procured and awarded on the basis of best
value are those that the Town determines will be of the highest quality
while being the most cost-efficient as offered by responsive and responsible
bidders and offerors. 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: product or service features, quality,
durability, reliability, product performance criteria, quality of
craftsmanship, cost and extent of maintenance, useful lifespan, availability
of replacement parts, availability of maintenance contractors, warranties,
proximity to the end user if distance or response time is a significant
factor, references, past performance, organization and staffing, and
financial capabilities.
A contract that is awarded on the basis of best value instead
of lowest responsible bidder shall be authorized only when the basis
for determining best value is thoroughly and accurately documented.
A good-faith effort shall be made to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser shall document
the attempt made at obtaining the proposals. In no event shall the
inability to obtain the proposals or quotes be a bar to their procurement.
Except when directed by the Town Board, no solicitation of written
proposals or quotations shall be required under the following circumstances:
This policy shall be reviewed annually by the Town Board at
its organizational meeting or as soon thereafter as is reasonably
practicable.