[HISTORY: Adopted by the Town Board of the Town of Warwick 6-11-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 33, Procurement Policy, adopted 1-4-1993.
The Town of Warwick seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011 and Chapter 2 of the Laws of 2012, which amendments authorize the Town of Warwick to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 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.
Purchase contracts and service contracts that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either lowest responsible bidder or best value may be awarded so long as the award process complies with the terms of this chapter. The Town Board is authorized to undertake a best value analysis of goods and services subject to this chapter when, in the Town Board's judgment, a best value analysis is prudent and advantageous to the Town. Awards based on best value shall be approved by the Town Board and relevant department or division heads.
Whenever used in this chapter, the following terms shall mean:
- BEST VALUE
- The basis for awarding contracts or purchases and/or services to a responsive and responsible offeror and/or bidder who optimizes quality, cost and efficiency for the Town based upon objective and quantifiable analysis whenever possible. Such basis may also identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in Executive Law § 310, Subdivisions 1, 7, 15 and 20, as may be amended.
- Contracts for goods, commodities and equipment, including technology.
- SERVICE OR SERVICES
- The performance of a task or tasks, and may include a material good or a quantity of material goods, and which is the subject of any purchase or other exchange.
- The Town of Warwick.
A best value solicitation shall contain a specific notification that the solicitation will be analyzed and awarded in accordance with this Best Value Law and the relevant provisions of the Town's procurement policy. Such solicitations shall prescribe the minimum specifications or requirements that must be met in order to be considered responsive and shall describe and disclose the general manner in which the evaluation and selection shall be conducted.
When the basis for award is based upon a best value offer, the Town Board shall document the evaluation criteria and the process used to make such determination.
Whenever possible, the evaluation shall be based upon objective and quantifiable factors and shall not be based solely on cost. The process for procurements based upon best value and general evaluation criteria is identified in this procurement policy, a copy of which shall be maintained in the Purchasing Department and be made available to the public.
The solicitation documents shall state the minimum requirements and specifications that must be met in order for the vendor and/or offeror to be deemed responsive and responsible and shall identify the general procedure and manner in which the evaluation and selection shall be conducted. All such requirements shall remain consistent with the Town's procurement policy.
The Town Board shall make every effort to ensure that the solicitation of documents, evaluation criteria and procedure for awarding purchase and service contracts on the basis of best value comply with the Town's procurement policy and local, state and/or federal rules, regulations and/or laws.
The provisions of this chapter apply to Town contracts involving an expenditure of more than $20,000 for goods and Town contracts for services involving an expenditure of more than $35,000, but exclude purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the State Labor Law and excluding any other contract that may in the future be excluded under state law from the best value option. 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.
Quotes and RFPs.
All estimated purchases of less than $20,000 but greater than $1,000 require a written request for a proposal ("RFP") and written/fax quotes from three vendors.
For all estimated purchases of less than $1,000, the source is left to the discretion of the purchaser.
All estimated public works contracts of less than $35,000 but greater than $3,000 require a written RFP and written/fax proposals from at least three contractors.
All estimated public works contracts of less than $3,000 must be approved by the Town Supervisor.
All contracts of $3,000 or more must be approved by the Town Board. Contracts of less than $3,000 must be approved by the Town Supervisor.
Goods and services procured and awarded on the basis of best value are those that the Town determines will be of the highest quality while being the most cost-efficient as offered by responsive and responsible bidders and offerors. 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: product or service features, quality, durability, reliability, product performance criteria, quality of craftsmanship, cost and extent of maintenance, useful lifespan, availability of replacement parts, availability of maintenance contractors, warranties, proximity to the end user if distance or response time is a significant factor, references, past performance, organization and staffing, and financial capabilities.
A contract that is awarded on the basis of best value instead of lowest responsible bidder shall be authorized only when the basis for determining best value is thoroughly and accurately documented.
A good-faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to their procurement.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable.