[HISTORY: Adopted by the Town Board of the Town of Tonawanda as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-11-2023 by L.L. No. 6-2023]
This article shall be entitled "Town of Tonawanda Best Value Procurement Law."
New York State General Municipal Law § 103(1) allows the Town of Tonawanda to authorize, by local law, the award of certain purchase contracts, including contracts for service work subject to competitive bidding under GML § 103 on the basis of "best value" as defined in § 163 of the New York State Finance Law or any state law superseding or amending said provision. 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 offeror if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
A. 
The provisions of this article apply to purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies and excluding any other contract that may in the future be excluded under 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.
B. 
The Town Board may award such purchase contracts and service contracts, which have been procured pursuant to competitive bidding under General Municipal Law § 103 by either lowest responsible bidder or best value.
A. 
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 while being the most cost efficient. 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: cost of maintenance; proximity to the end user 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.
B. 
"Best value" purchases shall be permitted only through the use of a contract let by the United States of America or any agency thereof, any state or political subdivision or district thereof, as is recognized by § 103 of the General Municipal Law. All other purchases, whether for services or goods, must be awarded to the lowest responsible bidder.
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 article by resolution of the Town Board, or as amended thereafter, shall be deemed superseded by the provisions of this article.