[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]
A.Â
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.
B.Â
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:
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:
Cost of maintenance;
Product life;
Warranties;
Past performance, reliability, or durability, and current or
past experience with the provision of similar goods/services;
Organization, staffing (particular abilities and/or experience),
and ability to undertake the type and complexity of the work;
Financial capability;
Record of compliance with all federal, state and local laws,
rules and licensing requirements; or
Ability to meet Town needs in a timely and accountable fashion.
The basis for awarding contracts for commodities among responsive
and responsible offerers. (New York State Finance Law § 163,
Subdivision 1i.)
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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:
(1)Â
A clear statement of need;
(2)Â
A description of the requirement specifications governing performance
and related factors;
(3)Â
A reasonable process for ensuring a competitive field;
(4)Â
A fair and equal opportunity for offerers to submit responsive offers;
(5)Â
A balanced and fair method of award.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
This article does not apply to purchase contracts for the following:
(1)Â
Any purchase contract necessary for the completion of a public works
contract pursuant to Article 8 of the New York State Labor Law; and
(2)Â
Any purchase or procurement of goods and/or services otherwise excluded
by law from best value purchasing standards, whether now existing
or hereafter arising.
A.Â
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.
B.Â
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:
(1)Â
The contract must have been let by the United States or any agency
thereof, any state or any other political subdivision or district
therein;
(2)Â
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
C.Â
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.
