[HISTORY: Adopted by the Town Board of the Town of Grand
Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-3-2014 by L.L.
No. 9-2014]
New York General Municipal Law § 103 requires competitive
bidding for purchase contracts and contracts for services and has
historically required that such bids be awarded to the lowest responsible
bidder whose bid meets the requirements of the specifications for
the project. This section was amended to provide that, through enactment
of a local law so providing, towns may award purchase contracts and
contracts for services on the basis of best value, as defined in New
York State Finance Law § 163, to a responsive and responsible
bidder or offerer. The Town Board hereby determines that it is in
the best interest of the Town of Grand Island and its residents for
the Town Board to have the authority to award purchase contracts and
contracts for services on the basis of best value.
As used in this article, the following terms shall have the
meanings indicated:
Defined in New York State Finance Law § 163. When
awarding contracts under the best value standard, the Town must consider
the overall combination of quality, price, and other elements of the
required commodity or service that in total is optimal relative to
the needs of the Town.
The provisions of this article 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 deemed simultaneously amended to match the new
General Municipal Law thresholds.
Goods and services procured and awarded on the basis of the
best value are those that the Town Board determines optimize quality,
cost and efficiency among responsive and responsible bidders or offerers.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
or offers. Where possible, such determination shall also be based
upon and include a quantifiable analysis of the same. The criteria
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.
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.
