[Adopted 6-24-2019 by L.L. No. 5-2019]
The title of this article is the "Town of Hamburg Best Value
Competitive Bidding Law."
As used in this article, the following terms shall have the
meanings indicated:
BEST VALUE
The basis for awarding purchase contracts, including contracts
for service work, to the offerer which optimizes quality, cost and
efficiency, among responsive and responsible offerers and may consider
non-price factors in the determination. Such basis shall reflect,
wherever possible, objective and quantifiable analysis. Such basis
may also identify a quantitative factor for offerers that are small
businesses or certified minority- or women-owned business enterprises
as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the
Executive Law to be used in evaluation of offers for awarding of contracts
for services.
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; product lifespan; product performance
criteria; quality of craftsmanship; reliability of a product; efficiency
of operation; ability to meet needs regarding timelines of performance;
and experience of a provider with similar contracts.
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of the Town Board, or as amended thereafter, shall be deemed superseded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.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.