It is the intent of the Town Board to provide 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. With the increased complexity in the type and nature of goods and services that the Town must obtain to serve taxpayers, it is critical to consider selection and evaluation criteria which measure factors other than cost in order to optimize quality, cost and efficiency among responsive and responsible offerors. Best value procurement links the procurement process directly to the Town's performance requirements, including, but not limited to, selection factors such as useful lifespan, quality, options and incentives for more timely performance, and additional services. Best value procurement can provide much-needed flexibility in obtaining important goods and services at favorable prices and can reduce the time to procure such goods and services.
[HISTORY: Adopted by the Town Board of the Town of Glenville 8-20-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings:
The basis for awarding contracts for commodities or services to the offeror that optimizes quality, cost, and efficiency, among Responsive and Responsible offerors.
The process by which Best Value is determined. Best Value Determination shall include, wherever possible, objective and quantifiable analysis. Best Value Determination may also identify a quantitative or qualitative factor for offerors that are small businesses or certified minority or women-owned business enterprises as defined in Executive Law Section 310 Subdivisions 1, 7, 15 and 20, or service-disabled veteran-owned business enterprises as defined in Subdivision 1 of Section 40 of the veterans' services law, to be used in evaluation of offers for awarding of contracts for services.
The basis for awarding contracts for commodities or services to the offeror with the lowest price among Responsive and Responsible offerors.
Documentation of the decisions made, and the approach taken, in the procurement process.
The financial ability, legal capacity, integrity, and past performance of a business entity, as such terms have been interpreted relative to public procurements.
A bidder or other offeror meeting or exceeding the minimum specifications or requirements as prescribed in a solicitation for commodities or services.
The Town is hereby authorized to award contracts for commodities or services based upon Best Value.
Where the basis for an award will be Best Value, the Town 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: i) the determination of the evaluation criteria, which, whenever possible, shall be quantifiable; ii) the process to be used in the Best Value Determination; and iii) the manner in which the evaluation and selection will be conducted;
B.
Prescribe in the solicitation the minimum specifications or requirements that must be met in order to be considered Responsive and describe and disclose the general manner in which the evaluation and selection will be conducted. Where appropriate, the solicitation shall identify the relative importance and weight of cost and the overall technical criterion to be considered by the Town in its Best Value Determination;
C.
Make reasonable efforts to ensure that the private and not-for-profit sectors in New York State are apprised of procurement opportunities, including specifying the elements of a Responsive bid, disclosing the process for awarding contracts, and, if applicable, setting forth the relative importance or weight of cost and the overall technical criterion for evaluating offers;
D.
Select a formal competitive procurement process in accordance with New York State General Municipal Law and other applicable state laws, and the guidelines established under the Town's purchasing policy;
E.
Document the Best Value Determination in the Procurement Record. 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. The Town shall maintain and retain all documentation used in the award process.
If the award is to be based on Best Value, then the solicitation shall set forth such factors as are relevant to the Town in making a Best Value Determination, including, but not limited to:
Factors which may be considered in making a Best Value Determination, and to award a contract to an offeror other than the offeror with the Lowest Price, include but are not limited to:
A.
Cost of maintenance;
B.
Product life;
C.
Warranties;
D.
Past performance, reliability, or durability, and current or past experience with the provision of similar goods/services;
E.
Organization, staffing (particular abilities and/or experience), and ability to undertake the type and complexity of the work;
F.
Financial capability;
G.
Record of compliance with all federal, state and local laws, rules, and licensing requirements; or
H.
Ability to meet Town needs in a timely and accountable fashion.
The decision to award a contract on the basis of Best Value shall be made by the Town Board. The decision shall include the specific criteria applied in making Best Value Determination which shall reflect, wherever possible, objective and quantifiable analysis. The Town Board may use a cost-benefit analysis or other similar process to demonstrate quantifiable value or savings from nonprice factors that offset the price differential of lower price offers.
This chapter does not apply to awards for:
A.
Any purchase or procurement contract necessary for the completion of a public works contract pursuant to Article 8 of the New York State Labor Law;
B.
Any purchase or procurement of goods or services otherwise excluded by law from best value purchasing standards, whether now existing or hereafter arising; and
C.
Contracts for which the Town chooses not to award based on Best Value, which contracts will continue to be awarded based on Lowest Price.