[HISTORY: Adopted by the Town Board of the Town of Dickinson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-17-2014 by L.L. No. 1-2014]
This article provides for the Dickinson Town Board to exercise
their local option from § 103, Subdivision 1, of the New
York Municipal Law, as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012. This amendment authorizes towns
to award purchase and service contracts subject to competitive bidding
under General Municipal Law § 103 based on either lowest
responsible bidder or "best value," as defined in § 163
of the New York State Finance Law. This "best value" option may be,
but is not required to be, used to award an applicable purchase contract
to optimize quality, cost, and efficiency among responsive and responsible
offers instead of the lowest responsible bidder.
In accordance with § 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, Town Boards may award contracts,
including both purchase contracts and those contracts for service
work, that have been procured pursuant to competitive bidding under
General Municipal Law § 103 by either lowest responsible
bidder or "best value." 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; longer product life; product performance
criteria; and quality of craftsmanship.
These sections apply only to purchase contracts involving an
expenditure of more than $20,000 including contracts for service work
(i.e., building services under Article 9 of the Labor Law and utility
services), but excluding any purchase contract necessary for the completion
of a public works contract pursuant to Article 8 of the State Labor
Law as well as excluding any other contracts in accordance with future
state law. 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.
A quote or proposal received pursuant to standard bidding procedures
may be awarded on either a best-value or lowest-responsible-bidder
standard. All information gathered in the course of the bidding procedures
of this section shall be filed with the documentation supporting the
subsequent purchase or public works contract. When a contract is awarded
on the basis of best value rather than a lowest responsible bidder,
the basis for determining best value shall be thoroughly and accurately
documented.
