New York General Municipal Law § 103 allows the Town
to authorize, by local law, the award of certain purchase contracts,
including contracts for services, subject to competitive bidding under
General Municipal Law § 103 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 if factors such as lower cost of maintenance, durability, higher
quality and longer product life can be documented.
The Town of Amherst may make purchases, including purchases
for services, on the basis of "best value," as that term is defined
in New York State Finance Law § 163. The "best value" purchases
shall be permitted only through the use of a contract let by the United
States of America or any agency thereof, any state or political subdivision
or district thereof, as is recognized by Section 103 of the General
Municipal Law. All other purchases, whether for services or goods,
must be awarded to the lowest responsible bidder.
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of the Town Board, or as amended thereafter, shall be deemed superseded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.