[HISTORY: Adopted by the Town Board of the Town of Walton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-2015 by L.L. No. 1-2015]
This article shall be known as the "Town of Walton Local Law
Authorizing Best Value Competitive Bidding and Procurement."
The intent of this article is to allow the Town Board the option
to award certain purchase contracts (including contracts for services)
subject to competitive bidding under § 103 of the General
Municipal Law on the basis of a low bid or best value, as defined
in § 163 of the New York State Finance Law.
This article is enacted pursuant to New York State General Municipal
Law § 103.
A.Â
Authority and purpose. Section 103 of the New York General Municipal
Law 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. The best value option may be used, for example, if it is more
cost-efficient over time to award the good or service to other than
the lowest responsible bidder or offered if factors such as lower
cost of maintenance, durability, high quality and longer product life
can be documented.
B.Â
Award based on best value. The Town Board may award purchase contracts,
including contracts for services, on the basis of best value, as the
term is defined in New York State Finance Law § 163. All
contracts or purchase orders awarded based on value shall require
Town Board approval.
C.Â
Applicability. The provisions of this article apply to Town purchase
contracts, including contracts for services, involving an expenditure
of more than $20,000, but excluding 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. If the dollar
thresholds of New York 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.
D.Â
Standard for best value.
(1)Â
Goods and services procured and awarded on the basis of best value
are those that the Town Board determines optimize quality, cost and
efficiency, among responsive and responsible bidder or offerors.
(2)Â
Where possible, the determination shall be based on an objective
and quantifiable analysis of clearly described and documented criteria
as they apply to the rating of bids or offers.
(3)Â
The criteria may include, but shall not be limited to, any or all
of the following: cost of maintenance, proximity to the contractors,
longer product life, product performance criteria, and quality of
craftsmanship.
E.Â
Documentation. Whenever any contract is awarded on the basis of best
value instead of lowest responsible bidder, the basis for determining
best value shall be thoroughly and accurately documented. Such documentation
shall be filed with the Town Clerk. The filing of this documentation
with the Town Clerk shall be a condition precedent to the lawful approval
by the Town Board of any contract to be entered into under the provisions
of this article.
F.Â
Piggybacking of purchases. Notwithstanding the provisions of this
article, the Town of Walton may, for purposes of public purchases,
utilize the provisions of General Municipal Law § 103 with
regard to so-called "piggybacking" of purchases. Pursuant to General
Municipal Law § 103, the Town of Walton may purchase through
the bids solicited by the United States government, New York State
and/or any other political subdivision (counties, towns, villages,
school districts, etc.), provided those contracts clearly state that
they are available for use by other governmental entities within the
requirements of General Municipal Law § 103, Subdivision
16. Prior to such purchase, the Town of Walton will ensure that a
piggyback purchase qualifies as follows:
(1)Â
The contract involved must have been available for use by other governmental
entities through the bid solicitation process. In such case, the Town
of Walton should determine that there is contained within the bidding
municipality's bid package a provision that the bid is open to
and can be used by either the Town of Walton or other municipalities.
This determination should be made on a case-by-case basis.
(2)Â
The specific contract must have been issued in accordance with the
provisions of General Municipal Law § 103.
G.Â
Procurement policy superseded where inconsistent. Any inconsistent
provision of the Town's procurement policy, as adopted prior
to the effective date of this article by resolution of the Town Board,
or as amended thereafter, shall be deemed superseded by the provisions
of this article.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
