[HISTORY: Adopted by the Town Board of the Town of Fishkill 5-23-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
The Town Board of the Town of Fishkill seeks to exercise the local option set forth in § 103(1) of the New York General Municipal Law, which authorizes the Town of Fishkill to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either the lowest responsible bidder or "best value," as defined in § 163 of the New York State Finance Law. The best value option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offer due to factors such as lower cost of maintenance, durability, high quality, and longer product life.
The Town Board of the Town of Fishkill may award purchase contracts and contracts for services that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either the lowest responsible bidder or best value.
The provisions of this article apply to Town purchase contracts involving an expenditure of more than $20,000 and Town contracts for services involving an expenditure of more than $35,000, but excludes purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of 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.
Goods and services procured and awarded on the basis of best value are those that the Town Board of the Town of Fishkill determines will be of the highest quality and most cost efficient. The determination of quality and cost efficiency shall be based on an objective and quantifiable analysis, which 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 or replacement parts or maintenance contractors, longer product life, product performance criteria, and quality of craftsmanship.
Whenever any contract is awarded on the basis of best value instead of the lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
Any inconsistent provision of the Town of Fishkill's procurement policy, as adopted prior to the effective date of this chapter by resolution of the Town Board of the Town of Fishkill, or as amended thereafter, shall be deemed superseded by the provisions of this article.