Except as otherwise provided in this chapter, all contracts
for public work and all purchase contracts involving the expenditure
of a monetary sum exceeding the respective thresholds set forth in
General Municipal Law § 103, Subdivision 1, as amended from
time to time, shall be subject to the competitive bidding requirements
of General Municipal Law § 103 and shall be awarded to the
lowest responsible bidder furnishing the required security. If the
lowest bidder is not deemed responsible, facts supporting that determination
shall be documented and filed with the record supporting the procurement.
As an alternative to awarding contracts subject to competitive
bidding under General Municipal Law § 103, Subdivision 1,
to the lowest responsible bidder, if the Town Board determines it
is in the best interest of the Town and its taxpayers, the Town may
award applicable purchase contracts and contracts for services to
a responsive and responsible bidder on the basis of best value, as
follows:
A. Definition. For the purposes of this section, "best value" means
the basis for awarding contracts for purchases and services to the
bidder that optimizes quality, cost, and efficiency among responsive
and responsible bidders.
B. Exclusion. The "best value" option may not be used for purchase contracts
necessary for the completion of a public works contract pursuant to
Article 8 of New York Labor Law and any other contract(s) that state
law may exclude in the future.
C. Standards for best value. Goods and services procured and awarded
on the basis of best value are those that the Town Board determines
will be of the highest quality and most cost-efficient in the long
term. The determination of quality and cost-efficiency shall be based
on objectively quantified and clearly described and documented criteria,
which may include, but shall not be limited to, any or all of the
following: product or service features, quality, durability, reliability,
product performance criteria, quality of craftsmanship, cost and extent
of maintenance, useful lifespan, availability of replacement parts,
availability of maintenance contractors, warranties, proximity to
the end user if distance or response time is a significant factor,
references, past performance, organization and staffing, financial
capabilities, and any other factors deemed relevant by the Town Board.
Such basis may also identify a quantifiable factor for bidders that
are small businesses, certified minority- or women-owned business
enterprises or service-disabled veteran-owned business enterprises,
as defined in the Executive Law, to be used in evaluation of bids
for awarding contracts for services.
D. Documentation. 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.
Any inconsistent provision of the Town's procurement policy,
as adopted prior to the effective date of this chapter by resolution
of the Town Board, or as amended thereafter, shall be deemed superseded
by the provisions of this chapter.