[HISTORY: Adopted by the Town Board of the Town of Pleasant
Valley as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-2015 by L.L. No. 1-2015]
This article shall be known and cited as the "Town of Pleasant
Valley Best Value Competitive Bidding Law."
The intent of this article is to allow the Town Board the option
to award certain purchase contracts (including contracts for services)
subject to competitive bidding under General Municipal Law § 103
on the basis of low bid or "best value" as defined in § 163
of New York State Finance Law.
This article is enacted pursuant to New York State General Municipal
Law § 103.
A.
Authority and purpose. 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, for example, if it is more
cost efficient over time to award the good or service to other than
the lowest responsible bidder or offerer if factors such as lower
cost of maintenance, durability, high quality and longer product life
can be documented.
B.
Award based on best value. The Town Board may award purchase contracts,
including contracts for services, on the basis of "best value" as
the term is defined in New York State Finance Law § 163.
All awards based on value shall require Town Board approval.
C.
Applicability. The provisions of this article 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.
D.
Standard for best value.
(1)
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 bidder or offerers.
(2)
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.
(3)
The criteria may include, but shall not be limited to, any or all
of the following: cost of maintenance; proximity to the contractors;
longer product life; product performance criteria; and quality of
craftsmanship.
E.
Documentation. 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.
F.
Procurement policy superseded where inconsistent. Any inconsistent
provision of the Town's procurement policy, as adopted prior
to the effective date of this article by resolution of the Town Board,
or as amended thereafter, shall be deemed superseded by the provisions
of this article.
