[HISTORY: Adopted by the Town Board of the Town of Hartford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-2015 by L.L. No. 1-2015]
This article is adopted pursuant to the authority vested in
the Town Board of the Town of Hartford pursuant to Municipal Home
Rule Law § 10 of the State of New York and General Municipal
Law § 103 of the State of New York.
New York General Municipal Law § 103 requires competitive
bidding for purchase contracts and service contracts and has required
that such bids be awarded to the lowest responsible bidder whose bid
meets the requirement of the specifications for the particular project.
General Municipal Law § 103 was amended by Chapter 608 of
the Laws of 2011 and Chapter 2 of the Laws of 2012 to authorize the
Town to award purchase contracts and contracts for services subject
to competitive bidding on the basis of either the lowest responsible
bidder or "best value" as defined in § 163 of the New York
State Finance Law. The Town Board hereby determines that it is in
the best interest of the Town of Hartford for the Town Board to have
the authority to award purchase contracts and contracts for services
on the basis of best value.
The provisions of this article apply to Town purchase contracts,
including contracts for services, involving an expenditure of more
than $20,000, but excluding purchase contracts necessary for the completion
of a public works contract pursuant to Article 8 of the New York Labor
Law and any other contract that may in the future be excluded under
state law from the best value option. If the dollar thresholds as
set forth in New York General Municipal Law Section 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.
Goods and services procured and awarded on the basis of best
value are those that the Town Board determines will be of the highest
quality while being the most cost efficient. 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; and longer product life; product performance
criteria; and quality of craftsmanship.
Whenever any contract is awarded on the best value instead of
lowest responsible bidder, the basis for determining best value shall
be thoroughly and accurately documented.
Any inconsistent provision of the Town's procurement policy,
as adopted prior to the effective date of this article by resolution
of the Town Board, or as amended thereafter, shall be deemed superseded
by the provisions of this article.
