[HISTORY: Adopted by the Town Board of the Town of Moreau
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
