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.