[HISTORY: Adopted by the Town Board of the Town of Bedford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-2017 by L.L. No. 2-2017]
A.
The Town Board of the Town of Bedford hereby finds that contracts
for goods required by law to be procured pursuant to competitive bidding,
pursuant to § 103 of the General Municipal Law, should be
procured in a manner so as to assure the prudent and economical use
of public monies, in the best interests of the taxpayers, to facilitate
the acquisition of goods and services of maximum quality at the lowest
price possible under the circumstances, and to guard against favoritism,
extravagance, fraud and corruption. The Board finds further that while
the lowest responsible bidder has been the historically accepted method
of awarding such contracts, the lowest responsible bidder may not
offer the most cost-effective or efficient option over time. Even
if the expenditure is higher, considering the total value of the life
of the procurement may result in a better value and long-term investment
of public funds. Best value procurement also encourages competition
and, in turn, often results in better pricing, quality and customer
service. Fostering healthy competition ensures that bidders will continue
to strive for excellence in identifying and meeting the Town's
needs. Best value procurement will provide much needed flexibility
in obtaining important goods and services at favorable prices, and
will reduce the time to procure such goods and services.
B.
New York General Municipal Law § 103(1) allows the Town
to authorize, by local law, the award of certain purchase contracts
(including contracts for services) subject to competitive bidding
under General Municipal Law § 103 on the basis of "best
value" as defined in § 163 of the New York State Finance
Law.
A.
A purchase contract shall be awarded on the basis of lowest responsible
bidder unless the applicable Town department head prepares a written
specification, prior to publication of the request for proposals,
providing reasons why it is in the best interests of the Town of Bedford
and its taxpayers to make an award on the basis of "best value," as
defined at New York State Finance Law § 163(j). The use
of best value shall be authorized by the Town Board in each instance.
B.
Factors to be considered in the award of a purchase contract on the
basis of best value include:
(1)
The need for the costlier option as compared with all lower bids,
supported by specific facts;
(2)
The cost of the option chosen as compared with all lower bids;
(3)
The reputation of the bidder chosen for providing quality goods or
services; and
(4)
The performance, durability, estimated life and estimated cost of
maintenance of the goods, including availability of replacement parts
or maintenance contractors.
C.
The bid award shall be accompanied by a statement explaining how
the award is expected to result in savings for the Town over time
and, wherever possible, shall include objective and quantifiable analysis
of clearly described and documented criteria, which include the forgoing
enumerated criteria, as they apply to the rating of bids or offers.
A.
This article shall apply only to purchases made by the Town through
contracts, including contracts for services, let by the United States
or any agency thereof, any state or any other political subdivision
or district therein, pursuant to the provisions of New York State
General Municipal Law § 103(16), involving an expenditure
of more than $20,000.
B.
This article shall not apply to Town purchase contracts, including
contracts for services, involving an expenditure of more than $20,000,
which are the subject of bids generated and awarded directly from
the Town, or to purchase contracts necessary for the completion of
a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option.
C.
If the dollar thresholds of New York State General Municipal Law
§ 103 are increased or decreased in the future by the State
Legislature, the dollar thresholds set forth herein shall be deemed
simultaneously amended to match the new General Municipal Law thresholds.
