[HISTORY: Adopted by the Town Board of the Town of Kent as indicated in article histories. Amendments noted where applicable.]
Article I Best Value Contracts
[Adopted 11-1-2016 by L.L. No. 1-2016]
This article shall be known as the "Local Law to Authorize 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 Board of Town of Kent hereby determines that it is in the best interest of the Town of Kent and its residents for the Town Board 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:
On and after the effective date of this article, the Town Board 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.
Where the basis for award is the best value offer, the Town Board 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.
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Town Board in its determination of best value.
The election to award any such contract on the basis of best value shall be made by the Town Board in consultation with the department head. 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.