[HISTORY: Adopted by the Town Board of the Town of Thompson as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-2016 by L.L. No. 5-2016]
New York State General Municipal Law § 103 has been amended to provide local governments greater flexibility in awarding contracts by authorizing the award of purchaser 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), on the basis of best value.
With the increased complexity of the goods and services that the Town must obtain in order to serve taxpayers, it is critical to consider selection and evaluation criteria which measure factors other than cost in the strictest sense. Best value procurement links the procurement process directly to the Town's performance requirements, including, but not limited to, selection factors such as useful lifespan, quality, and options and incentives for more timely performance and/or additional services. Best value procurement can provide much-needed flexibility in obtaining important goods and services at favorable prices and can reduce the time to procure such goods and services.
As used in this article, the following terms shall have the meanings indicated:
- BEST VALUE
- The basis for awarding contracts for services to the offerer that optimizes quality, cost and efficiency among responsive offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned business enterprises as defined in Executive Law § 310, Subdivisions 1, 7, 15 and 20, to be used in evaluation of offers for awarding of contracts for services. (New York State Finance Law § 163, Subdivision 1j.)
- Factors which may be used to determine best value and to award a contract to other than the lowest bidder are as follows:
- A. Cost of maintenance;
- B. Product life;
- C. Warranties;
- D. Past performance, reliability, or durability, and current or past experience with the provision of similar goods/services;
- E. Organization, staffing (particular abilities and/or experience), and ability to undertake the type and complexity of the work;
- F. Financial capability;
- G. Record of compliance with all federal, state and local laws, rules and licensing requirements; or
- H. Ability to meet Town needs in a timely and accountable fashion.
- LOWEST PRICE
- The basis for awarding contracts for commodities among responsive and responsible offerers. (New York State Finance Law § 163, Subdivision 1i.)
- PROCUREMENT RECORD
- Documentation of the decisions made and the approach taken in the procurement process. (New York State Finance Law § 163, Subdivision 1f.)
Where the basis for an award of a purchase contract will be the best value offer, the purchaser shall, in all instances:
Document the procurement record as a component of the competitive award process and, in advance of the initial receipt of offers, the determination of the evaluation criteria, which, wherever 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.
The solicitation shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted. Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criteria to be considered by the Town in its determination of best value.
Reasonable efforts shall be made to ensure that the private and non-for-profit sectors in New York State are apprised of procurement opportunities, including by specifying the elements of a responsive bid and disclosing the process for awarding contracts, including, if applicable, the relative importance or weight of cost and the overall technical criteria for evaluating offers and ensuring the procurement is conducted accordingly.
Select a formal competitive procurement process in accordance with New York State General Municipal Law and other state law and the guidelines established under the Town's purchasing policy, and document the determination in the procurement record. The process of selection shall include, but may not necessarily be limited to:
A clear statement of need;
A description of the requirement specifications governing performance and related factors;
A reasonable process for ensuring a competitive field;
A fair and equal opportunity for offerers to submit responsive offers;
A balanced and fair method of award.
Where the basis for the award is best value, documentation in the procurement record shall, where practicable, include a quantification of the application of the criteria to the rating of proposals and the evaluation results, or, where not practicable, such other justification which demonstrates that best value will be achieved. The Town shall maintain and retain all documentation used in the award process.
The determination to award a contract on the basis of best value shall be made by the Town Board. Such determination shall include the specific criteria applied in determining best value which shall reflect, wherever possible, objective and quantifiable analysis. The Town Board should use a cost-benefit analysis or other similar process to demonstrate quantifiable value or savings from nonprice factors that offset the price differential of lower-price offers.
In the event that no best value election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing required security.
This article does not apply to purchase contracts for the following:
Any purchase contract necessary for the completion of a public works contract pursuant to Article 8 of the New York State Labor Law; and
Any purchase or procurement of goods and/or services otherwise excluded by law from best value purchasing standards, whether now existing or hereafter arising.
Pursuant to New York State General Municipal Law § 103, Subsection 1, the Town of Thompson shall be authorized to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein.
The Town shall be permitted to "piggyback" on a previous order for a procurement of apparatus, materials, equipment and supplies, and related installations, repair and maintenance services when the following three prerequisites are met:
The contract must have been let by the United States or any agency thereof, any state or any other political subdivision or district therein;
The contract must have been made available for use by other governmental entities, and same must be stated clearly within the contract let by the other entity that extends the terms and conditions of the contract to other governmental entities; and
Upon meeting all these prerequisites, the Town may utilize a previously used procurement order from a recognized and previously mentioned political subdivision and not be required to utilize and comply with competitive bidding requirements for the purchase of apparatus, materials, equipment and supplies and to contract for services related to the installation, maintenance or repair of those items.