This chapter shall be known as the "Local Law Authorizing Purchasing
Based on Best Value."
General Municipal Law § 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.
Section 103 was amended to provide that by enacting a local law so
providing, municipalities may award purchase contracts which would
otherwise be subject to the lowest bidder rule on the basis of best
value, as defined in State Finance Law § 163, to a responsive
and responsible bidder or offeror. The Town of Sullivan Town Board
hereby determines that it is in the best interest of the Town of Sullivan
and its residents for the Town of Sullivan Purchasing Agent (hereafter
referred to as "Purchasing Agent") to have the authority to award
purchase contracts on the basis of best value. Factors that may be
used to enact the best value option, where cost efficiency over time
to award the good(s) or service(s) to other than the lowest bidder
are:
A. Lowest cost of maintenance for good(s) or service(s);
B. Durability of good(s) or service(s);
C. Higher quality of good(s) or service(s); or
D. Longer product life of good(s) or service(s).
On and after the effective date of this chapter, the Purchasing
Agent 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 Labor Law Article 8, on the
basis of best value, as defined in State Finance Law § 163,
to a responsive and responsible bidder or offeror.
A. Where the basis for award is the best value offer, Purchasing Agent
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. Where appropriate, the solicitation shall identify the relative importance
and/or weight of cost and the overall technical criterion to be considered
by the Purchasing Agent in their determination of best value.
C. The election to award any such contract on the basis of best value
shall be made by the Purchasing Agent in consultation with the department
head and appropriate legislative body. In the event that no such election
is made, purchase contracts will continue to be awarded to the lowest
responsible bidder furnishing any required security in accordance
with the Town of Sullivan Procurement Policy.