New York State General Municipal Law § 103(1) allows
the Town to authorize, by local law, the award of certain purchase
contracts, including contracts for service work subject to competitive
bidding and/or competitive request for proposals under General Municipal
Law § 103 on the basis of either lowest responsible bidder
or "best value" as defined in § 163 of the New York State
Finance Law. 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 offerer if factors such
as lower cost of maintenance, durability, higher quality and longer
product life can be documented.
The Town Board may award purchase and service contracts pursuant
to competitive bidding and/or competitive request for proposals under
General Municipal Law § 103 on the basis of either lowest
responsible bidder or "best value", as the term is defined in New
York State Finance Law § 163. All awards based on lowest
bidder or best value shall require Town Board approval.
The provisions of this chapter apply to Town purchase contracts
involving an expenditure of more than $20,000 and Town contracts for
services involving an expenditure of more than $35,000, but excludes
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the State Labor Law and any other
contract that may in the future be excluded under the state law from
the best value option. If the dollar thresholds of 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 optimizes quality,
cost and efficiency among responsive and responsible bidder or offerer.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
of offers. Where possible, such determination shall also be based
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 or 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.
If any section, paragraph, clause, phrase or provision of this
law shall be adjudged invalid or held unconstitutional by any court
of competent jurisdiction, any judgement made thereby shall not affect
the validity of this law as a whole or any part thereof, other than
the part or provision so adjudged to be invalid or unconstitutional.
This chapter shall take effect immediately upon filing with
the Secretary of State pursuant to Municipal Home Rule Law.