[HISTORY: Adopted by the Town Board of the Town of Greenfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-2015 by L.L. No. 2-2015]
Section 103 of the New York General Municipal Law (GML § 103)
requires competitive bidding for purchase contracts and public works
contracts and has historically required that such bids be awarded
to the lowest responsible bidder whose bid meets the requirements
of the specifications for the project. GML § 103 has been
amended to provide that the Town may award purchase contracts which
would otherwise be subject to the "lowest bidder" rule on the basis
of "best value," as defined in New York State Finance Law § 163,
to a responsive and responsible bidder or offeror, if authorized by
local law. The Town Board hereby determines that it is in the best
interests of the Town and its inhabitants for the Town Board to have
the authority to award purchase contracts on the basis of best value.
A.
The Town may award purchase contracts, including contracts for service
work, but excluding any purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law, on the basis of best value, as defined in New York State Finance
Law § 163, to a responsive and responsible bidder or offeror.
B.
The determination to award a contract on the basis of best value
shall be made by the Town Board. Such determination shall include
the specific criteria to be applied in determining best value which
shall reflect, wherever possible, objective and quantifiable analysis.
The Board shall document the determination of the evaluation criteria.
The Board should use a cost-benefit analysis or other similar process
to demonstrate quantifiable value or savings from non-price factors
that offset the price differential of lower price offers. Such criteria
may also identify a quantitative factor to be used in the evaluation
of proposals from offerors that are small businesses or certified
minority-owned or women-owned business enterprises as defined in Subdivisions
1, 7, 15 and 20 of Executive Law § 310. In making such determination,
the Board shall consider the recommendation, if any, of the appropriate
officer, board, agency, commission or department for which the contract
is being procured.
C.
The procedure for awarding a contract on the basis of best value
shall include public solicitation of bids and submission of sealed
bids or other formal competitive procurement processes in accordance
with the guidelines established under the Town's Procurement
Policy. The solicitation shall include a description of the manner
in which the evaluation of the bids and award of the contract will
be conducted and, if appropriate, identification of the relative importance
or weight of price and non-price factors. Non-price factors include,
but are not limited to, such considerations as the reliability of
a product, efficiency of operation, difficulty or ease of maintenance,
cost of maintenance, useful lifespan, ability to meet needs regarding
timeliness of performance and experience of a service provided with
similar contracts.
D.
Documentation of the contract award shall, where practicable, include
a description of the application of the price and non-price criteria
to the proposals received and an evaluation of the results or, where
not practicable, such other justification which demonstrates the best
value will be achieved.
E.
In the event that the Town Board does not make a determination to
award a contract on the basis of best value, contracts shall continue
to be awarded to the lowest responsible bidder furnishing the required
security as required by GML § 103.
