[HISTORY: Adopted by the County Legislature of the County
of Sullivan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-20-2014 by L.L. No. 1-2014[1]]
[1]
Editor's Note: The provisions of this local law were
originally adopted as Ch. 191, but were redesignated to fit the organizational
structure of the Code.
The County of Sullivan 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 County of Sullivan
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.
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 article.
The Director of Purchasing is authorized to undertake a best value
analysis of goods and services subject to this article when, in the
Director's judgment a best value analysis is prudent and advantageous
to the County. Awards based on best value shall be approved by the
Director of Purchasing in consultation with the County Manager and
relevant department or division heads.
Whenever used in this article, 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 County 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 (1), (7), (15) and (20), as may be amended.
Contracts for goods, commodities and equipment, including
technology.
Sullivan County, New York.
The County's Director of the Department of Purchasing
and Central Services.
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.
A.Â
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 County'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.Â
When the basis for award is based upon a best value offer, the Director
of Purchasing and/or the Director's designee shall document the
evaluation criteria and the process used to make such determination.
C.Â
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
shall be identified in the County's Procurement Policy, a copy
of which shall be maintained in the Purchasing Department and be made
available to the public.
D.Â
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
County's Procurement Policy.
E.Â
The Director of Purchasing and/or the Director's designee 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 complies with the County's Procurement
Policy, local, state and/or federal rules, regulations and/or laws.
The provisions of this chapter apply to County contracts involving
an expenditure of more than $20,000 for goods and County 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.
Goods and services procured and awarded on the basis of best
value are those that the County 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.
The County Legislature, by resolution, shall amend the County's
Procurement Policy to address the provisions of this Best Value Law
within 60 days of adoption of this article. Any inconsistent provision
of the County's Procurement Policy, as adopted or as amended
hereafter, shall be deemed superseded by the provisions of this article.
