[HISTORY: Adopted by the Town Board of the Town of Greece 5-20-2014 by L.L. No.
3-2014. Amendments noted where applicable.]
This chapter shall be known as the "Town of Greece Best Value
Contract Award Law."
The State Legislature and Governor amended General Municipal
Law § 103 (A08692/S6117) on January 27, 2012, to provide
local governments greater flexibility in awarding contracts by authorizing
the award of purchase contracts, including contracts for service work,
on the basis of best value. The state legislation requires political
subdivisions with a population of less than one million to pass a
local law authorizing the use of the best value award process.
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(From Assembly Bill Memo A08692)
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Enactment of this legislation provides additional procurement
options to localities in ways that may expedite the procurement process
and result in cost savings. The "best value" standard for selecting
goods and services vendors, including janitorial and security contracts,
is critical to efforts to use strategic sourcing principles to modernize
the supply chain and ensure that taxpayers obtain the highest quality
goods and services at the lowest potential cost, while also ensuring
fairness to all competitors.
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Today, the federal government, approximately half of the states
and many localities have added best value selection processes to their
procurement options, in recognition of these advantages. With the
increased complexity of the goods and services that municipalities
must obtain in order to serve taxpayers, it is critical to consider
selection and evaluation criteria that measure factors other than
cost in the strictest sense.
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Taxpayers are not well served when a public procurement results
in low unit costs at the outset, but ultimately engenders cost escalations
due to factors such as inferior quality, poor reliability and difficulty
of maintenance. Best value procurement links the procurement process
directly to the municipality's performance requirements, incorporating
selection factors such as useful lifespan, quality and options and
incentives for more timely performance and/or additional services.
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Even if the initial expenditure is higher, considering the total
value over the life of the procurement may result in a better value
and long-term investment of public funds. Best value procurement also
encourages competition and, in turn, often results in better pricing,
quality and customer service. Fostering healthy competition ensures
that bidders will continue to strive for excellence in identifying
and meeting municipalities' needs, including such important goals
as the participation of small, minority and women-owned businesses,
and the development of environmentally-preferable goods and service
delivery methods. Best value procurement will provide much-needed
flexibility in obtaining important goods and services at favorable
prices, and will reduce the time to procure such goods and services.
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As used in this chapter, the following terms shall have the
meanings indicated:
- BEST VALUE
- The basis for awarding contracts for services to the offerer which optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services.
A.
Where the basis for award is the best value offer, the Director of
Finance 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.
The Director of Finance shall select a formal competitive procurement
process in accordance with General Municipal Law and Town of Greece
purchasing policies and document its determination in the procurement
record. The process shall include, but is not limited to, a clear
statement of need; a description of the required specifications governing
performance and related factors; a reasonable process for ensuring
a competitive field; a fair and equal opportunity for offerers to
submit responsive offers; and a balanced and fair method of award.
Where the basis for the award is best value, documentation in the
procurement record shall, where practicable, include a quantification
of the application of the criteria to the rating of proposals and
the evaluation results, or, where not practicable, such other justification
which demonstrates that best value will be achieved.
C.
The solicitation 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. Where appropriate, the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criterion to be considered by the Town of Greece in its determination
of best value.
D.
The Director of Finance shall develop procedures that will govern
the award of contracts on the basis of best value. These procedures
shall be included in the Town of Greece purchasing policies and reviewed
annually by the Town Board in conjunction with its annual review and
approval of the Town of Greece purchasing policies.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon filing with
the New York State Secretary of State.
