[HISTORY: Adopted by the Town Board of the Town of Alden 1-7-2013 by L.L. No. 1-2013 (Ch. 20C of the 1981 Code); amended in its entirety 9-18-2023 by L.L. No. 4-2023. Subsequent amendments noted where applicable.]
Notwithstanding any other provision with respect to purchase
contracts by competitive or purchase proposals and pursuant to the
provisions of General Municipal Law § 103, Subdivision 1,
the Town of Alden may award such contracts to a responsive and responsible
bidder on the basis of best value.
The definition of "best value" as used herein shall be in accord
with the definition set forth in New York State Finance Law § 163,
Subdivision 1j, now enacted or hereinafter amended, which definition
identifies the term "best value" to mean the basis for awarding contracts
for purchase to the offeror which optimizes equality, cost and efficiency
among responsive and responsible offerors. Such basis shall reflect,
whenever possible, objective and quantifiable analysis.
The provisions of this chapter 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 any other
contract that may in the future be excluded under the 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 determines optimize quality, cost
and efficiency among responsive and responsible bidder or offerer.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
or offers. Where possible, such determination shall also be based
upon and include a quantifiable analysis of the same. The criteria
may include, but shall not be limited to, any or all of the following:
cost of maintenance; proximity to the end use 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 lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
If any section, paragraph, clause, phrase or provision of this
chapter shall be adjudged invalid or held unconstitutional by any
court of competent jurisdiction, any judgement made thereby shall
not affect the validity of this chapter as a whole or any part thereof,
other than the part or provision so adjudged to be invalid or unconstitutional.
This chapter shall take effect immediately upon filing with
the Secretary of State pursuant to Municipal Home Rule Law.
