Town of Red Hook, NY Chapter 31 Procurement

[HISTORY: Adopted by the Town Board of the Town of Red Hook 9-8-2015 by L.L. No. 4-2015. Amendments noted where applicable.]

§ 31-1 Purpose and authority.

A. The purpose of this chapter is to authorize the procurement of goods and services including through procurement of certain goods and services on the basis of "best value" as defined in § 163 of the New York State Finance Law.

B. This chapter is enacted pursuant to the provisions of § 103(1) of the General Municipal Law of the State of New York.

§ 31-2 Procurement policy.

The Town shall adopt and amend from time to time a procurement policy applicable to the purchase of goods and services and public works contracts that fall below the monetary limits requiring public bidding under New York State General Municipal Law § 103 or of any other general, special or local law.

§ 31-3 Best value procurement option.

A. Award based on best value. The Town Board may award purchase contracts, including commodities, equipment, materials, supplies and contracts for services, on the basis of "best value," as that term is defined in New York State Finance Law § 163. All awards based on best value shall require Town Board approval.

B. Applicability. The provisions of this chapter apply to Town purchase contracts, including contracts for services, required to be procured by public bidding pursuant to § 103 of the General Municipal Law. 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 deemed simultaneously amended to match the new General Municipal Law thresholds.

C. Standards for best value. 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 bidder or offerors. 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. 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, and installation costs.

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 thoroughly and accurately documented.

§ 31-4 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.