[HISTORY: Adopted by the Town Board of the Town of Cazenovia
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Procurement policy — See Ch. 29.
[Adopted 1-13-2014 by L.L. No. 1-2014]
This article shall be known as the "Local Law Authorizing Purchasing
Based on Best Value."
General Municipal Law § 103 requires competitive bidding
for purchase contracts and public works contracts and has historically
required that such bids be awarded to the lowest responsible bidder
whose bid meets the requirements of the specifications for the project.
Section 103 was amended to provide that, by enacting a local law so
providing, municipalities may award purchase contracts which would
otherwise be subject to the "lowest bidder" rule on the basis of best
value, as defined in State Finance Law § 163, to a responsive
and responsible bidder or offeror. The Town of Cazenovia Town Board
hereby determines that it is in the best interest of the Town of Cazenovia
and its residents for the Town of Cazenovia Purchasing Agent (hereafter
referred to as "Purchasing Agent") to have the authority to award
purchase contracts on the basis of best value. Factors that may be
used to enact the "best value" option, where cost efficiency over
time to award the good(s) or service(s) to other than the lowest bidder
are:
On and after the effective date of this article, the Purchasing
Agent may award purchase contracts, including contracts for service
work, but excluding any purchase contracts necessary for the completion
of a public works contract pursuant to Labor Law Article 8, on the
basis of best value, as defined in State Finance Law § 163,
to a responsive and responsible bidder or offeror.
A.
Where the basis for award is the best value offer, the Purchasing
Agent shall document, in the procurement record and in advance of
the initial receipt of offers, the determination of the evaluation
criteria, which, whenever possible, shall be quantifiable, and the
process to be used in the determination of best value and the manner
in which the evaluation process and selection shall be conducted.
B.
Where appropriate, the solicitation shall identify the relative importance
and/or weight of cost and the overall technical criterion to be considered
by the Purchasing Agent in their determination of best value.
C.
The election to award any such contract on the basis of best value
shall be made by the Purchasing Agent in consultation with the department
head and appropriate legislative committee. In the event that no such
election is made, purchase contracts will continue to be awarded to
the lowest responsible bidder furnishing any required security in
accordance with the Town of Cazenovia Procurement Policy.[1]
