[HISTORY: Adopted by the Town Board of the Town of Manlius
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-2014 by L.L. No. 4-2014]
A.
The State Legislature and Governor amended General Municipal Law
§ 103 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 1,000,000 to pass a local law authorizing
the use of the best-value award process. 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.
B.
The federal government, approximately half 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.
C.
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.
D.
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.
This article is adopted pursuant to (New York State) General
Municipal Law § 103.
"Best value" shall mean 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 (New York State) Executive Law § 310(1), (7),
(15) and (20), 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 Town Board
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 Town Board shall select a formal sealed competitive bidding procurement
process in accordance with General Municipal Law § 103 and
the Town's procurement policy 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 Board in its determination
of best value.
D.
The Town Board shall develop procedures that will govern the award
of contracts on the basis of best value. These procedures shall be
included in the Town's procurement policy and reviewed annually
by the Town Board in conjunction with its annual review and approval
of the Town's procurement policy.
