[HISTORY: Adopted by the Town Board of the Town of Sweden 7-24-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
General Municipal Law § 103 requires competitive bidding
for purchase contracts and public works contracts and has historically
required that such bids be awarded to the lowest responsible bidder
whose bid meets the requirements of the specifications for the project.
Section 103 was amended to allow Towns and other municipalities, upon
the passage of a local law so providing, to award purchase contracts,
otherwise subject to the "lowest bidder" rule, on the basis of "best
value" as defined in New York Finance Law § 163, to a responsive
and responsible bidder. The Town Board of the Town of Sweden hereby
determines that it is in the best interest of the Town of Sweden and
its residents for the Town Board to have the authority to award purchase
contracts on the basis of best value.
A.
On and after the effective date of this law, the Town of Sweden 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 Labor Law Article 8, on the basis
of best value as defined in New York State Finance Law § 163
to a responsive and responsible bidder.
(1)
Where the basis for award is the best value offer, the Town Board
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.
(2)
Where appropriate, the solicitation shall identify the relative importance
and/or weight of cost and the overall technical criterion to be considered
by the Town Board in its determination of best value.
(3)
The election to award any such contract on the basis of best value
shall be made by the Town Board. In the event that no such election
is made, purchase contracts will continue to be awarded to the lowest
responsible bidder furnishing any required security.
If any provision of this chapter is determined to be unconstitutional
or invalid, the validity and enforceability of the remainder shall
not be affected.
