[HISTORY: Adopted by Dutchess County as indicated in article histories. Amendments noted where applicable.]
Purchasing agents — See County Law Art. 16.
Best value procurements — See General Municipal Law § 103.
Procurement policies required — See General Municipal Law § 104-b.
ADMINISTRATIVE CODE REFERENCES
Procurement procedures — See Art. XXVIII.
CODE OF LOCAL LAWS REFERENCES
Code of Ethics — See Ch. 40.
[Adopted 2-28-1966 by L.L. No. 2-1966]
There is hereby created the County Purchasing Department, which shall be headed by a Purchasing Agent and such other personnel as the County Legislature shall from time to time deem necessary for the proper conduct of the business of said Department. The Purchasing Agent shall be appointed by the majority vote of all the members of the County Legislature for a term coterminous with the term of the membership of such Legislature making such appointment.
The Purchasing Agent shall, with the exception of the departments listed in § 81-5 hereof, make all purchases and contracts for supplies for the various County offices, departments, buildings, institutions and grounds of the County and shall let to public advertisements and bid all purchases when so required by and in accordance with law. He/She shall further, with the exemption of the departments listed in § 81-5 hereof, prescribe the form of requisitions and the form of receipts for supplies delivered without requisition, subject, however, to § 81-3 hereof. He/She shall, with the exception of the departments listed in § 81-5 hereof, be the custodian of all vouchers, requisitions, receipts and other papers pertaining thereto which shall be opened to public inspection. He/She shall, upon dates to be fixed by the County Legislature, and covering periods to be specified by it, furnish to the Commissioner of Finance, the Clerk of the County Legislature and the Purchasing Committee of said County Legislature verified statements of all purchases, together with the quantity and price, and shall furnish to the County Legislature and the Purchasing Committee such additional statements as the Legislature may direct. No claim shall be audited and paid without the requisition or delivery receipt being attached thereto. He/She shall perform such additional and related duties as may be prescribed by law and/or directed by the County Legislature.
The Purchasing Agent shall prepare rules, regulations and procedures for the conduct of such department. Such rules, regulations and procedures shall be reviewed and may be amended or revised by the County Legislature and shall become operable when confirmed by resolution of the County Legislature. Any amendment or revision of said rules, regulations or procedures shall be approved by the County Legislature. He/She shall further submit to the County Legislature the forms for requisitions and for receipts for supplies delivered without requisitions; and the forms shall be reviewed by the County Legislature and, when approved, shall become operable when confirmed by resolution of the County Legislature. Any changes in said forms shall be approved by the County Legislature.
The County Legislature shall fix the compensation of the Purchasing Agent. The Purchasing Agent shall appoint such necessary personnel for said Purchasing Department as shall be authorized by said Legislature at a compensation for such positions as may be authorized by the County Legislature.
This article shall not be applicable to the following departments:
Dutchess Community College.
Purchase of food for the Sheriff's Office.
Any of the above departments shall not be precluded from availing themselves of the services of the Purchasing Department and the Purchasing Agent.
The Purchasing Agent shall have all the rights, duties and obligations of a purchasing agent as are set forth in § 625 of the County Law, which are not in conflict with or inconsistent with this Local Law.
[Adopted 8-8-2016 by L.L. No. 2-2016]
This article shall be known as the "Dutchess County Best Value Procurement Law."
The intent of this article is to authorize the use of best value criteria when awarding purchase contracts (including contracts for service work, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law) to a responsive and responsible bidder or offeror after furnishing the required security and advertisement for sealed bids pursuant to New York State General Municipal Law § 103 and § 163 of the New York State Finance Law. Awarding contracts on the basis of best value is intended to provide the County greater flexibility in awarding contracts by permitting the County to consider, along with cost, other non-cost factors which may result in a better value and long-term investment of public funds. Additionally, authorizing the use of best value will allow Dutchess County to participate in national cooperative contracts that were initially bid using best value criteria.
This article is enacted pursuant to New York State General Municipal Law § 103, specifically its amendment of January 27, 2012 (A.0892/Section 6117), which specifically authorizes counties to adopt best value criteria through local law.
As used in this article, the following terms shall have the meanings indicated:
- BEST VALUE
- The basis for awarding contracts for services to the offeror which optimizes quality, cost and efficiency, among responsive and responsible offerors. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerors that are small businesses, certified minority or women-owned business enterprises, or service-disabled veteran-owned business enterprises as defined in Executive Law § 310(1), (7), (15), (20) and § 369-h(1), as they may be amended.
- Dutchess County, New York.
- DIRECTOR OF CENTRAL SERVICES
- The Director of the Division of Central Services within the Department of the Office of Central and Information Services.
- PURCHASE CONTRACTS
- Contracts for public work involving an expenditure of more than $35,000 and purchase contracts involving an expenditure of more than $25,000, including service work, except not including any contract necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law, or as defined in New York State General Municipal Law § 103.
- RESPONSIBLE; RESPONSIBILITY
- The financial ability, legal capacity, integrity, and past performance of a business entity as such terms have been interpreted relative to public procurement.
- The bidder or offeror meeting the minimum specifications or requirements as prescribed in a solicitation for commodities or services.
The Director of Central Services shall determine when the basis of an award shall be upon best value. He/She shall document the criteria he/she uses to rate proposals and evaluation results, or where not practicable, he/she will provide such other justification which demonstrates how best value was achieved.
Whenever possible, the evaluation of "best value" shall be based upon objective and quantifiable factors and shall not be based solely on cost, in accordance with New York State Finance Law § 163. The Director of Central Services shall develop a matrix of evaluation criteria to be used in making best value determinations, which shall be incorporated into the County's procurement policy.
The process for awarding procurements based upon best value as well as the general evaluation criteria shall be identified in the County's procurement policy.
The County's solicitation documents shall prescribe the minimum specifications or requirements that must be met in order for bidders and offerors to be considered responsive, and they shall describe and disclose the general manner in which the evaluation and selection shall be conducted. Where appropriate, the solicitation shall identify the relative weight of each of the criterion to be considered by the County in its determination of best value.
The Director of Central Services shall make every effort to ensure that the solicitation documents, evaluation criteria and procedure for awarding purchase and service contracts on the basis of best value complies with the County's procurement policy, local, state, and federal regulations and laws.