[HISTORY: Adopted by the Town Board of the Town of New Paltz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-2016 by L.L. No. 2-2016[1]]
[1]
Editor's Note: This local law was adopted as Ch. 42, but was
renumbered to maintain the organization of the Code.
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. Enactment of this legislation provides additional
procurement options to localities designed to expedite the procurement
process and result in cost savings. The "best value" standard for
selecting goods and services vendors 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.
The federal government, approximately half of the states and many
localities have added best value selection processes to their procurement
options, in recognition of these advantages.
B.
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. 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.
C.
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 good 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.
As used in this article, the following terms shall have the
meanings indicated:
The purchases of apparatus, materials, equipment or supplies,
or to contract for services related to the installation, maintenance
or repair of apparatus, materials, equipment, and supplies through
the use of a contract let by the United States of America or any agency
thereof, any state or any other political subdivision or district
therein, if such contract was let to the lowest responsible bidder
or on the basis of best value in a manner consistent with the provisions
of General Municipal Law § 103 as now existing or as may
hereafter be amended.
On and after the effective date of this article, the department
head or other person authorized by the Town for purchasing of apparatus,
materials, equipment or supplies, or to contract for services related
to the installation, maintenance or repair of apparatus, materials,
equipment, and supplies may award purchase contracts, including contracts
for service work, but excluding any purchase contract necessary for
the completion of a public works contract pursuant to Labor Law Article
8, on the basis of best value, as defined herein, to a responsive
and responsible bidder or offeror.
A.
Where the basis for award is the best value offer, the department
head or other person authorized by the Town for purchasing apparatus,
materials, equipment or supplies, or to contract for services related
to the installation, maintenance or repair of apparatus, materials,
equipment, and supplies, shall document, in the procurement record
and in advance of the initial receipt of offers, the determination
of the criteria and the process to be used in the determination of
best value and the manner in which the evaluation process and selection
is to be conducted.
B.
Where the basis for award is the best value offer, the department
head or other person authorized by the Town for purchasing apparatus,
materials, equipment or supplies, or to contract for services related
to the installation, maintenance or repair of apparatus, materials,
equipment, and supplies, shall follow the process provided under the
Town Procurement Policy and document such process in the procurement
record. The process shall include, but shall not be 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 offerors
to submit responsive offers; a balanced and fair method of award;
and a statement demonstrating the reasons why best value is expected
to be achieved.
