[HISTORY: Adopted by the Town Board of the Town of Ulysses
as indicated in article histories. Amendments noted where applicable.
[Adopted 1-10-2023 by L.L. No. 1-2023]
This article provides for the Town Board to exercise its local
option pursuant to § 103, Subdivision 1 of the New York
General Municipal Law, to authorize the award of purchase contracts
and contracts for services subject to competitive bidding on the basis
of either lowest responsible bidder or "best value" as defined in
§ 163 of the New York State Finance Law. The "best value"
option may be used if it is more cost-efficient over time to award
the good or service to other than the lowest responsible bidder, based
on factors such as lower cost of maintenance, durability, higher quality
and longer product life.
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; longer product life; product performance
criteria; and quality of craftsmanship.
These sections apply to all Town purchase contracts, including
those involving an expenditure of more than $20,000 and Town contracts
for services involving an expenditure of more than $35,000, but excludes
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the state Labor Law as well as excluding
any other contracts in accordance with current or future state law.
If the dollar thresholds of 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.
A quote or proposal for a purchase or contract covered by this
article received pursuant to standard bidding procedures may be awarded
on either a best value or lowest responsible bidder standard. All
information gathered in the course of the bidding procedures of this
section shall be filed with the documentation supporting the subsequent
purchase or public works contract. When a contract is awarded on the
basis of best value rather than a 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 by local law of the Town Board, or as amended thereafter,
shall be deemed superseded by the provisions of this article.
