[HISTORY: Adopted by the Town Board of the Town of Pendleton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-2023 by L.L. No. 3-2023]
A.
The best value standard for selecting goods and services vendors
is critical to efforts to use strategic sourcing principles to modernize
the supply chain and ensure that taxpayers obtain the highest quality
goods and services at the lowest potential cost, while also ensuring
fairness to all competitors.
B.
After passage of Subdivision 16 in NYS GML § 103, a large
number of local municipalities throughout the state have passed local
laws authorized under said subdivision. With the increased complexity
of the goods and services that municipalities must obtain in order
to serve taxpayers, it is critical to consider selection and evaluation
criteria that measure factors other than cost in the strictest sense.
C.
Taxpayers are not well served in situations where public procurement
results in low unit costs at the outset but ultimately engenders cost
escalations due to factors such as inferior quality, poor reliability
and difficulty of maintenance. Best value links the procurement process
directly to the municipality's performance requirements, incorporating
selection factors such as useful lifespan, quality and options and
incentives for more timely performance and/or additional services.
D.
Awarding contracts on the basis of best value standards is further
intended to promote competition, foster fairness among vendors and
competitors, expedite contract awards, optimize quality control costs
and enhance efficiency among responsible bidders. This article would
authorize the Purchasing Agent to award purchase contracts that have
been procured pursuant to competitive bidding under General Municipal
Law § 103 by either lowest responsible bidder or best value.
As used in this article, the following terms shall have the
meanings indicated:
The basis for awarding contracts for services to a responsible
bidder who optimizes quality, cost and efficiency for the Town of
Pendleton based upon objective and quantifiable analysis. Goods procured
and awarded on the basis of best value are those that are determined
will be of the highest quality while being the most cost efficient.
Contracts for goods, commodities and equipment, including
technology.
A.
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.
B.
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.
C.
General evaluation criteria shall be identified and shall be maintained
in the office of the Town Clerk and be made available to the public.
D.
The Pendleton Town Board shall specify evaluation criteria that was
relied upon for procuring goods based upon best value, which shall
be maintained in the office of Town Clerk and made available to the
public.
E.
Solicitation documents shall state the minimum requirements and specifications
that must be met in order for the bidder to be deemed responsible
and shall identify the general procedure and manner in which the evaluation
and selection shall be conducted.
F.
The Pendleton Town Board must approve the use of best value for each
purchase contract that wishes to utilize the method.
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.
This article shall take effect immediately upon filing with
the New York State Secretary of State.
