[HISTORY: Adopted by the Town Board of the Town of Yorktown 6-5-2012 by L.L. No.
6-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted
as Chapter 68 but was renumbered to maintain the organizational structure
of the Code.
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 authorizes the Town 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 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 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 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 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.
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.
