[HISTORY: Adopted by the Town Board of the Town of Montgomery as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
The Town may award purchase 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 New York Labor Law, on the basis of "best value," as such term is defined in § 163 of the New York State Finance Law, to a responsive and responsible bidder or offeror.
B. 
The determination to award a contract on the basis of best value shall be made only by the Town Board. Such determination shall include the specific criteria to be applied in determining best value which shall reflect, wherever possible, objective and quantifiable analysis. The Town Board shall use a cost-benefit analysis or other similar process to demonstrate quantifiable value or savings from non-price factors that offset the price differential of lower price offers.
C. 
The procedure for awarding a contract on the basis of best value shall include public solicitation of offers and submission of sealed offers. The specifications of the nature of the goods or services shall include a description of the manner in which the evaluation of the offers and award of the contract will be conducted and, if appropriate, identification of the relative importance or weight of price and non-price factors. Non-price factors include, but are not limited to, such considerations as the reliability of the product, efficiency of operation, difficulty or ease of maintenance, useful lifespan, ability to meet needs regarding timeliness of performance and experience of a service provider with similar contracts.
D. 
In the event that the Town Board does not make a determination that a particular contract should be awarded on the basis of best value, such contract shall be awarded on the basis of lowest responsible bidder furnishing the required security as required by GML § 103.
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.