[Adopted 4-5-2018 by L.L.
No. 3-2018]
Section 103 of the New York State General Municipal Law (GML
§ 103) requires competitive bidding for purchase contracts
and public works contracts meeting certain thresholds and has historically
required that such contracts be awarded to the lowest responsible
bidder furnishing any required security whose bid meets the requirements
of the contract specifications. General Municipal Law § 103
has been amended to provide that, if authorized by local law, municipalities
such as the Town of Montgomery may award purchase contracts, which
would otherwise by subject to the "lowest responsible bidder" standard,
on the basis of "best value," as such term is defined in § 163
of the State Finance Law of the State of New York, to a responsive
and responsible bidder or offeror. The Town Board hereby determines
that it is in the best interests of the Town and its inhabitants for
the Town Board to have the authority and flexibility to award purchase
contracts on the basis of best value where appropriate.
Any inconsistent provision of the Town's purchasing policy,
as adopted or amended prior to the effective date of this article,
shall be deemed superseded and supplemented by the provisions of this
article so as to incorporate this article therein. If any part or
provision of this article or the application hereof to any person
or circumstance be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part or provision
or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this article or the application thereof
to other persons or circumstances, and the Town Board hereby declares
that it would have passed this article or the remainder hereof had
such invalid application or invalid provision been apparent or omitted.
Any reference to a state statute or code shall include the future
amendment or recodification of such statute or code and the references
herein are for convenience and construction purposes only.
All ordinances, local laws, and parts thereof inconsistent with
this article are hereby superseded only to the extent necessary to
give effect to the provisions of this article.