[HISTORY: Adopted by the Town Board of the Town of Sardinia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-12-2018 by L.L. No. 1-2018]
An article authorizing the use of a best value award methodology
in the competitive bidding process for 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 Labor Law) may be awarded on the basis of low bid or best
value, as authorized in § 103 of the General Municipal Law
and as defined in § 163 of the State Finance Law.
This law shall be known as "Town of Sardinia Best Value Competitive
Bidding Law."
A.Â
The State Legislature and Governor amended General Municipal Law
§ 103 (A08692/S6117) on January 27, 2012, to provide local
governments greater flexibility in awarding contracts by authorizing
the award of purchase contracts, including contracts for service work
on the basis of best value. The state legislation requires political
subdivisions with a population of less than 1,000,000 to pass a local
law authorizing the use of the best value award process.
B.Â
Enactment of this legislation (from Assembly Bill Memo A08692) provides
additional procurement options to localities in ways that may expedite
the procurement process and result in cost savings. The best value
standard for selecting goods and services vendors, including janitorial
and security contracts, is critical to efforts to use strategic sourcing
principles to modernize the supply chain and ensure that taxpayers
obtain the highest quality goods and services at the lowest potential
cost, while also ensuring fairness to all competitors.
C.Â
The federal government, approximately half the states and many localities
have added best value selection processes to their procurement options
in recognition of these advantages. With the increased complexity
of the goods and services that municipalities must obtain in order
to serve taxpayers, it is critical to consider selection and evaluation
criteria that measure factors other than cost in the strictest sense.
D.Â
Taxpayers are not well served when a public procurement results in
low unit costs at the outset, but ultimately engenders cost escalations
due to factors such as inferior quality, poor reliability and difficulty
of maintenance. Best value procurement links the procurement process
directly to the municipality's performance requirements, incorporating
selection factors such as useful lifespan, quality and options and
incentives for more timely performance and/or additional services.
E.Â
Even if the initial expenditure is higher, considering the total
value over 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 municipalities' needs, including such important goals
as the participation of small businesses and minority- and women-owned
businesses, and the development of environmentally preferable goods
and services delivery methods. 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.
As used in this article, the following terms shall have the
meanings indicated:
The basis for awarding contracts for services to the offerer
which optimizes quality, cost and efficiency among responsive and
responsible offerers. Such basis shall reflect, wherever possible,
objective and quantifiable analysis. Such basis may also identify
a quantitative factor for offerers that are small businesses or certified
minority- or women-owned business enterprises as defined in Subdivision
(1), (7), (15), and (20) of § 310 of the Executive Law or
service-disabled, veteran-owned business enterprises as defined in
Subdivision 1 of § 369-h of the Executive Law to be used
in evaluation of offers for awarding of contracts for services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Where the basis for award is the best value offer, the Supervisor,
Highway Superintendent or department heads shall document, in the
procurement record and in advance of the initial receipt of offers,
the determination of the evaluation criteria which, whenever possible,
shall be quantifiable, and the process to be used in the determination
of best value and the manner in which the evaluation process and selection
shall be conducted.
B.Â
The Supervisor, Highway Superintendent and department heads shall
select a formal, sealed, competitive bidding procurement process in
accordance with the General Municipal Law and the Town of Sardinia
Procurement Policy and document its determination in the procurement
record. The process shall include, but is not limited to, a clear
statement of need; a description of the required specifications governing
performance and related factors; a reasonable process for ensuring
a competitive field; a fair and equal opportunity for offerers to
submit responsive offers; and a balanced and fair method of award.
Where the basis for the award is best value, documentation in the
procurement record shall, where practicable, include a quantification
of the application of the criteria to the rating of proposals and
the evaluation results or, where not practicable, such other justification
which demonstrates that best value will be achieved.
C.Â
The solicitation shall prescribe the minimum specifications or requirements
that must be met in order to be considered responsive and shall describe
and disclose the general manner in which the evaluation and selection
shall be conducted. Where appropriate, the solicitation shall identify
the relative importance and/or weight of cost and the overall technical
criteria to be considered by the Town of Sardinia in its determination
of best value.
D.Â
The Supervisor, Highway Superintendent and department heads shall
develop procedures that will govern the award of contracts on the
basis of best value. These procedures shall be included in the Town
of Sardinia Procurement Policy and reviewed annually by the Town Board
in conjunction with its annual review and approval of the Town of
Sardinia Procurement Policy.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
law or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.