The intent of this chapter is to allow the Town of Union Vale the option to award certain purchase contracts (including contracts for services) subject to competitive bidding under § 103 of the General Municipal Law on the basis of a low bid or "best value" as defined in § 163 of the New York State Finance Law.
[HISTORY: Adopted by the Town Board of the Town of Union Vale 7-15-2021 by L.L. No. 1-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was subject to a permissive referendum. No valid petitions for referendum were filed.
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 (including § 163), and other provisions of law authorizing the Town of Union Vale to enter into contracts and engage in contracting for services.
A.
Award based on best value. The Town Board may award purchase contracts, including contracts for services, 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 basis shall require Town Board approval.
B.
Applicability. The provisions of this chapter apply to Town purchase contracts involving an expenditure of more than $20,000 and Town contracts for services 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 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103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be superseded by such as § 103 and this chapter shall be read as if the numbers are amended to conform to said § 103.
C.
Standard for best value.
(1)
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 bidders, as set forth in the Procurement Policy adopted by the Town and as amended, hereafter and from time-to-time, 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.
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 documented.
E.
Inconsistent provisions. Any inconsistent provision of the Town 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.