[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:
A. Lowest cost of maintenance for good(s) or service(s);
B. Durability of good(s) or service(s);
C. Higher quality of good(s) or service(s); or
D. Longer product life of good(s) or service(s).
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.
A. 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.
B. 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.
C. 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.