[Adopted by the Town Board of the Town of
Lake George as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Reimbursement of expenses— See Ch. 19.
[Adopted 4-11-1994]
Every prospective purchase of goods or services
shall be evaluated to determine the applicability of General Municipal
Law § 104-b.
A copy of the Town's procurement policy shall
be on file in the office of the Town Clerk.
[Adopted 4-23-2014 by L.L. No. 2-2014]
Section 103 of the New York General Municipal Law (GML § 103)
requires competitive bidding for purchase contracts and public works
contracts 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. GML § 103 has been
amended to provide that the Town may award purchase contracts, which
would otherwise be subject to the lowest bidder rule, on the basis
of best value, as defined in § 163 of the New York State
Finance Law, to a responsive and responsible bidder or offeror, if
authorized by local law. The Town Board hereby determines that it
is in the best interests of the Town and its inhabitants for the Town
Board to have the authority to award purchase contracts on the basis
of best value.
A.
The Town may award purchase contracts, including contracts for service
work but excluding any purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law, on the basis of best value, as defined in § 163 of
the New York State Finance Law, to a responsive and responsible bidder
or offeror.
B.
The determination to award a contract on the basis of best value
shall be made by the Town Board. Such determination shall include
the specific criteria to be applied in determining best value which
shall reflect, wherever possible, objective and quantifiable analysis.
The Board should use a cost-benefit analysis or other similar process
to demonstrate quantifiable value or savings from nonprice factors
that offset the price differential of lower price offers.
C.
The procedure for awarding a contract on the basis of best value
shall include public solicitation of offers and submission of sealed
offers. The specifications of the nature of the goods or services
shall include a description of the manner in which the evaluation
of the offers and award of the contract will be conducted and, if
appropriate, identification of the relative importance or weight of
price and nonprice factors. Nonprice factors include, but are not
limited to, such considerations as the reliability of a product, efficiency
of operation, difficulty or ease of maintenance, useful lifespan,
ability to meet needs regarding timeliness of performance and experience
of a service provider with similar contracts.
D.
In the event that the Town Board does not make a determination to
award a contract on the basis of best value, contracts shall continue
to be awarded to the lowest responsible bidder furnishing the required
security as required by GML § 103.
