[HISTORY: Adopted by the Town Board of the Town of Bethlehem
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-2015 by L.L. No. 5-2015]
A.
This article shall be known as the "Town of Bethlehem Best Value
Contract Award Law."
B.
The intent of this article is to authorize the use of best value
criteria when awarding purchase contracts consistent with § 103
of the General Municipal Law and § 163 of the New York State
Finance Law. Use of best value criteria is intended to provide the
Town greater flexibility in awarding contracts and to ensure that
the Town obtains the highest quality goods at a low cost. Awarding
contracts on the basis of best value standards is further intended
to promote competition, foster fairness among vendors and competitors,
expedite contract awards, optimize quality, control costs and enhance
efficiency among responsible bidders. This article authorizes the
Town Board to award purchase contracts that have been procured pursuant
to competitive bidding under General Municipal Law § 103
by either lowest responsible bidder or best value.
Whenever used in this article, the following terms shall have
the meanings indicated:
The basis for awarding contracts for services to a responsible
bidder who optimizes quality, cost and efficiency for the Town based
upon objective and quantifiable analysis. Goods procured and awarded
on the basis of best value are those that the Town determines will
be of the highest quality while being the most cost efficient.
Contracts for goods, commodities and equipment, including
technology.
A.
Whenever any contract is awarded on the basis of best value instead
of lowest responsible bidder, the basis for determining best value
shall be thoroughly and accurately documented.
B.
The determination of quality and cost efficiency shall be based on
objectively quantified and clearly described and documented criteria,
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 of
replacement parts or maintenance contractors; longer product life;
product performance criteria; and quality of craftsmanship.
C.
General evaluation criteria shall be identified in the Town's
Procurement Policy, a copy of which shall be maintained in the Comptroller's
Office and be made available to the public.
D.
The Town shall establish specific evaluation criteria that will be
relied upon for procuring goods based upon best value, which shall
be maintained in the Comptroller's Office and made available
to the public.
E.
Solicitation documents shall state the minimum requirements and specifications
that must be met in order for the bidder to be deemed responsible
and shall identify the general procedure and manner in which the evaluation
and selection shall be conducted.
