[HISTORY: Adopted by the Town Board of the Town of Moreau as indicated in article histories. Amendments noted where applicable.]
Article I Best Value Contracts
[Adopted 12-23-2014 by L.L. No. 1-2015]
New York General Municipal Law § 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. This article was amended to provide that, through enactment of a local law so providing, the Town may award purchase contracts and public works contracts on the basis of best value, as defined in the New York State Finance Law § 163, to a responsive and responsible bidder or offerer. The Town Board hereby determines that it is in the best interest of the Town and its residents for the Town Board to have the authority to award purchase contracts and public works contract on the basis of best value. This "best value" option may be, but is not required to be, used to award an applicable purchase contract and public works contract to optimize equality, cost and efficiency among responsive and responsible offers instead of the lowest responsible bidder.
As used in this article, the following terms shall have the meanings indicated:
- BEST VALUE
- The basis for awarding purchase contracts and public works contracts to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority- or women-owned business enterprises as defined in Subdivisions 1, 7, 15 and 20 of § 310 of the Executive Law to be used in evaluation of offers for awarding of contracts for services and public works.
Goods and services procured and awarded on the basis of the best value are those that the Town Board determines optimize quality, cost and efficiency, among responsive and responsible bidders of offerers. Such basis shall reflect, wherever possible, objective and quantifiable analysis. 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.
A quote or proposal 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. Where a contract is awarded on the basis of best value rather than lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.