Town of New Castle, NY Chapter 2 Best Value Procurement

[HISTORY: Adopted by the Town Board of the Town of New Castle 3-10-2020 by L.L. No. 3-2020. Amendments noted where applicable.]

§ 2-1 Findings and intent.

A. New York General Municipal Law § 103(1) allows the Town to authorize, by local law, the award of certain purchase contracts (including contracts for services) subject to competitive bidding under General Municipal Law § 103 on the basis of "best value" as defined in § 163 of the New York State Finance Law.

B. The Town Board of the Town of New Castle hereby finds that contracts for certain purchase contracts should be procured in a manner so as to assure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest price possible under the circumstances, and to guard against favoritism, extravagance, fraud and corruption.

C. The Board finds further that while the lowest responsible bidder has been the historically accepted method of awarding such contracts, the lowest responsible bidder may not offer the most cost-effective or efficient option over time. Even if the expenditure is higher, considering the total value of 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 the Town's needs. Best value procurement will provide flexibility in obtaining important goods and services at favorable prices, and will reduce the time to procure such goods and services.

§ 2-2 Definitions.

For purposes of this chapter, the following definitions shall apply:

BEST VALUE

The basis for awarding certain purchase contracts to bidders or offerors which optimizes quality, cost and efficiency, among responsive and responsible bidders. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for bidders that are small businesses, and certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services.

§ 2-3 Award based on best value.

A. A purchase contract shall be awarded on the basis of lowest responsible bidder unless the applicable Town department head prepares a written specification, prior to publication of the request for proposals, providing reasons why it is in the best interests of the Town of New Castle and its taxpayers to make an award on the basis of best value. The use of best value shall be authorized by the Town Board in each instance.

B. A best value solicitation shall contain a specific notification that the solicitation will be analyzed and awarded in accordance with best value. Such solicitations shall set forth the evaluation criteria to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted.

C. The bid award shall be accompanied by a statement explaining how the award is expected to result in savings for the Town over time and, wherever possible, shall include objective and quantifiable analysis of clearly described and documented criteria, which include the forgoing enumerated criteria, as they apply to the rating of bids or offers.

§ 2-4 Evaluation criteria.

A. Goods and services procured and awarded on the basis of best value are those that the Town determines will be of the highest quality while being the most cost-efficient as offered by responsive and responsible bidders and offerors. The determination of quality and cost efficiency shall be based on objectively quantified and clearly described and documented criteria.

B. Evaluation criteria to be considered in the award of a purchase contract on the basis of best value include, but are not limited to:

(1) The need for the costlier option as compared with all lower bids, supported by specific facts;

(2) Cost of the option chosen as compared with all lower bids;

(3) The reputation of the bidder chosen for providing quality goods or services;

(4) The performance, durability, reliability, product performance criteria, quality of craftsmanship and estimated life of the goods;

(5) The estimated cost and extent of maintenance of the goods, including availability of replacement parts or maintenance contractors;

(6) The organization, staffing and financial capabilities of the bidder; and

(7) The past performance record of the bidder and the bidder's experience with similar contracts.

§ 2-5 Applicability.

This chapter shall apply only to purchase contracts, which includes contracts for service work, but excludes any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law.