[HISTORY: Adopted by the Common Council of the City of Kingston as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-5-2011, approved 7-7-2011]
Editor's Note: This resolution also superseded former Ch. 103, Procurement Policy, adopted 9-1-1992, approved 9-2-1992 (Ch. 88B of the 1984 Code).
The Common Council authorizes the adoption of the procurement policy.
The terms of the procurement policy are as set forth in the attachment annexed hereto.
Editor's Note: Said policy is on file in the City offices.
[Adopted 6-7-2016 by L.L. No. 2-2016, approved 6-21-2016]
This article shall be known as the "City of Kingston Local Law Authorizing Best Value Competitive Bidding and Procurement."
The intent of this article is to allow the City of Kingston Purchasing Department the option to award certain purchase contracts (including contracts for services) subject to the competitive bidding under § 103 of the General Municipal Law on the basis of a low bid or "best value," as defined in § 163 of the New York State Finance Law.
Authority and purpose. Section 103 of New York State General Municipal Law allows the City to authorize, by local law, the award of certain purchase contracts (including contracts for services) subject to competitive bidding on the basis of "best value," as defined in § 163 of the New York State Finance Law. The "best value" option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offeror if factors such as lower cost of maintenance, durability, high quality and longer product life can be documented. Awarding contracts on the basis of best value is further intended to promote competition, foster fairness among vendors and competitors, expedite contract awards and enhance efficiency among responsive and responsible vendors and competitors.
Award based on best value. The Purchasing Department may award purchase contracts, including contracts for services, based on the basis of "best value," as the term is defined in New York State Finance Law § 163.
Applicability. The provisions of this article apply to City purchase contracts, including contracts for services, involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York State 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.
Standard for best value.
Goods and services procured and awarded on the basis of best value are those that the Purchasing Department determines optimize quality, cost and efficiency, among responsive and responsible bidder or offerors.
Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers.
The criteria may include, but shall not be limited to, any or all of the following: costs of maintenance, proximity to the contractors; longer product life; product performance criteria; and quality of craftsmanship.
Documentation. Whenever any contract is awarded on the basis of best value instead of the lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.