[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as indicated in article histories. Amendments noted where applicable.]
[Adopted 3/27-2018 by L.L. No. 2-2018]
This article shall be known as the "Town of Cheektowaga Best Value Law."
New York State General Municipal Law § 103(1) allows the Town of Cheektowaga to authorize, by local law, the award of certain purchase contracts, including contracts for service work subject to competitive bidding under GML § 103 on the basis of "best value" as defined in § 163 of the New York State Finance Law or any state law superseding or amending said provision. 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 offeror if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
The Town Board may award purchase contracts after bidding, including contracts for services work on the basis of "best value," as that term is defined in New York State Finance Law, § 163. All awards based on "best value" shall require Town Board approval.
The provisions of this article apply to Town of Cheektowaga purchase contracts, including contracts for services work involving expenditures of greater 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.
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 bidders or offerors. The determination shall be based on an objective analysis of clearly described and documented criteria as they apply to the rating of bids or offers. Where possible, such determination shall also be used upon and include a quantifiable analysis of the same. The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end use if distance or response time is a significant term; durability, availability of replacement parts or maintenance contractors; longer product life; product performance criteria; and quality of craftsmanship.
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.
Any inconsistent provisions 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 section or subsection, paragraph, clause, phrase or provision of this article shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this article as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
This article shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.