[HISTORY: Adopted by the Town Board of the Town of Perinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-26-2020 by L.L. No. 3-2020]
New York State General Municipal Law § 103, Subdivision
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 article apply to Town purchase contracts
involving an expenditure of more than $20,000 and Town contracts for
public work involving an expenditure of more than $35,000, but exclude
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 optimize quality, cost
and efficiency among responsive and responsible bids or offers. The
determination shall be based on an objective analysis of clearly described
and documented criteria as they apply to the rating of bids or 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 of 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
article shall be adjudged invalid or held unconstitutional by any
court of competent jurisdiction, any judgment made thereby shall not
affect the validity of this article as a whole or any part thereof,
other than the part or provision so adjudged to be invalid or unconstitutional.
This article shall take effect immediately upon filing with
the Secretary of State pursuant to Municipal Home Rule Law.
