[HISTORY: Adopted by the Town Board of the Town of Ellicott 7-10-2023 by L.L. No. 1-2023. Amendments noted where applicable.]
This chapter shall be known as the "Town of Ellicott Local Law #1 of 2023, a local law Authorizing Best Value Competitive Bidding and Procurement."
The Town Board seeks to exercise the local option set forth in § 103 of the General Municipal Law, which authorizes the Town to award purchase contracts and service contracts subject to competitive bidding under § 103 of the General Municipal Law on the basis of either the lowest responsible bidder or "best value," as defined in § 163 of the New York State Finance Law. This authorization provides the greatest measure of flexibility in the Town's public bidding procedures and ensures the best value and price for the residents of the Town of Ellicott.
This chapter is enacted pursuant to the New York Municipal Home Rule Law, as authorized pursuant to New York State General Municipal Law § 103 and the New York State Finance Law § 163 and any other provisions of law authorizing the Town of Ellicott to enter into contracts and engage in contracting for services.
A. 
Authority and purpose. Section 103 of the New York General Municipal Law 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 Section 163 of the New York State Finance Law. The "best value" option may be used if it is more cost-efficient over time to award the contract for goods or services to other than the lowest responsible bidder if factors such as lower cost of maintenance, durability, higher quality, and longer product life can be documented.
B. 
Award based on best value. The Town Board may award purchase contracts and service contracts that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either the lowest responsible bidder or on the basis of "best value" as the term is defined in New York State Finance law § 163. All contracts or purchase orders awarded based on best value bidding bases shall require Town Board approval.
C. 
Applicability. The provisions of this chapter apply to Town purchase contracts, including contracts for services, involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York General Municipal Law § 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be superseded by such § 103, and this chapter shall be read as if the numbers are amended to conform to said § 103.
D. 
Standard for best value.
(1) 
Goods and services procured and awarded on the basis of best value are those that the Town Board determines to optimize quality, cost, and efficiency among responsive and responsible bidders, as set forth in the procurement policy of the Town, as time-to-time and hereafter amended by the Town Board.
(2) 
Where possible, the determination shall be based on an objective and quantifiable analysis of clearly described and documented criteria as they apply to the rating of bids or offers.
(3) 
The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the contractors; longer product life; product performance criteria; quality of craftsmanship.
E. 
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.
F. 
Piggybacking of purchases. Notwithstanding the provisions of this chapter, the Town of Ellicott may, for purposes of public purchases, utilize the provisions of General Municipal Law § 103 with regard to the so-called "piggybacking" of purchases. The Town of Ellicott may piggyback whenever allowed by law, including but not limited to the following situations and criteria:
(1) 
Pursuant to General Municipal Law § 103 the Town of Ellicott may purchase through the bids solicited and bid lists generated by the United States government and New York State (and its political subdivisions and school districts) whenever such bids or bid lists are generated in a manner as complies with said § 103.
(2) 
If not a bid or list generated by a New York State governmental body or agency, then whenever such contract or bid lists were let in a manner consistent with or materially equivalent to the requirements of the State of New York as reflected in the policy and language of said § 103.
(3) 
The Town may also piggyback upon any contract or foreign bid or bid list specifically approved for piggybacking through the New York State Office of General Services, as well as foreign bids and bid lists (mainly, of sister states) that meet the above criteria for piggybacking as set forth in Subsection F(1) or (2) of this chapter, immediately above.
G. 
Procurement policy superseded where inconsistent. 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.
If any clause, sentence, paragraph, subdivision, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this chapter or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
This chapter shall take effect immediately.