[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-2014 by L.L. No. 2-2014]
This article shall be known as "A Local Law to Authorize Contract
Awards Based Upon Best Value Methodology."
A.
General Municipal Law § 103 (GML § 103) sets
forth the general rules applicable to the awarding of contracts for
public work and contracts for purchase by a municipality.
B.
Prior to January 27, 2012, General Municipal Law § 103
required that contracts for public work involving an expenditure of
more than $35,000 and all purchase contracts involving an expenditure
of more than $20,000 shall be awarded by the appropriate officer,
board or agency of a municipality to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids.
C.
The State Legislature and Governor amended General Municipal Law
§ 103 (A8692/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,
but excluding any purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the Labor Law,
on the basis of best value. The state legislation requires counties
with a population of less than 1,000,000 to pass a local law authorizing
the use of the best value award process.
D.
Enactment of such a local law 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 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.
E.
The federal government, approximately 1/2 of 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.
F.
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.
G.
Even if the initial expenditure is higher, considering the total
value over the life of the procurement may result in 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, minority- and women-owned businesses,
and the development of environmentally preferable goods and service
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 good and services.
As used in this article, the following terms shall have the
meanings indicated:
The basis upon which a contract may be awarded after a competitive
bid or competitive offer for the purchase or goods or services to
the bidder or offeror which optimizes quality, cost and efficiency
among responsive and responsible bidders or offerors. Such basis shall
reflect, wherever possible, objective and quantifiable analysis. Such
basis may also identify a quantitative factor for bidders or offerors
that are small businesses or 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. Factors that may be used to determine the
best value and to award a contract to other than the lowest bidder
are:
Cost of maintenance for good(s) or service(s);
Features of the offered product or service set forth in detailed
specifications for the product offered;
Warranties and/or maintenance to be provided with the product
or service;
Product life of good(s) or service(s);
References, past performance and reliability, including reliability
or durability of the product being offered and current or past experience
with the provision of similar goods or services;
Organization, staffing (both members of staff and particular
abilities and experience), and ability to undertake the type and complexity
of the work;
Financial capability; or
Record of compliance with all federal, state and local laws,
rules, licensing requirements, where applicable, and executive orders,
including but not limited to compliance with existing labor standards
and prevailing wage laws.
The Director of Purchasing, or other appropriate officer,
board, legislative committee or agency of Saratoga County, consistent
with the purchasing policy established (and as may be amended from
time to time) by the Saratoga County Board of Supervisors, to have
the authority to award purchase contracts upon the basis of best value,
as defined herein.
When developing solicitation documents for competitive bids
or competitive offers for the award of 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, the Purchasing Agent may, and subject to the requirements
herein and the applicable requirements set forth in the County's
purchasing policy, determine that an award of a purchase contract
shall be based upon best value methodology. In making such determination,
the Purchasing Agent shall consider the recommendation, if any, of
the department head or designee of the department the purchase contract
is being procured for. The department head or designee shall, in all
instances, obtain the approval of the Purchasing Agent to utilize
best value methodology prior to issuance of the competitive bid or
competitive offer documents.
Where the basis for an award of a purchase contract will be
the best value offer, the Purchasing Agent shall, in all instances:
A.
Document in the procurement record as a component of the competitive
award process 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.
Shall select a formal competitive procurement process in accordance
with guidelines established under the County's purchasing policy
and document the determination in the procurement record. The process
of selection shall include, but may not necessarily be 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 offerors
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.
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
criterion to be considered by the County in its determination of best
value.
D.
The Purchasing Agent shall develop procedures with the approval of
the Saratoga County Board of Supervisors that will govern the award
of contracts upon the basis of best value. The procedures, once approved
by the Board of Supervisors, will be incorporated in the County purchasing
policy and reviewed by the Board of Supervisors as necessary.
