New York General Municipal Law § 103(1) 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 if, for example, it is more
cost-efficient over time to award the good or service to other than
the lowest responsible bidder or offeror, if factors such as lower
cost of maintenance, durability, higher quality and longer product
life can be documented.
The provisions of this chapter apply to Town purchase contracts,
including contracts for services, involving an expenditure of more
than $20,000, but excluding purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option. If the dollar thresholds of
New York 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.
The Town Board may award purchase contracts, including contracts
for services, on the basis of "best value," as that term is defined
in New York State Finance Law § 163. Goods and services
procured and awarded on the basis of best value are those that the
Town Board determines optimize quality, cost and efficiency among
responsive and responsible bidders or offerors. Where possible, the
determination shall be based on an objective and quantifiable analysis
of clearly described and documented criteria as they apply to the
rating of bids or offers. The criteria 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. All awards based on best value shall require Town Board
approval.
Whenever any contract is awarded on the basis of best value
instead of lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
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.