[HISTORY: Adopted by the Town Board of the Town of Sullivan 3-4-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Authorizing Purchasing Based on Best Value."
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. Section 103 was amended to provide that by enacting a local law so providing, municipalities may award purchase contracts which would otherwise be subject to the lowest bidder rule on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror. The Town of Sullivan Town Board hereby determines that it is in the best interest of the Town of Sullivan and its residents for the Town of Sullivan Purchasing Agent (hereafter referred to as "Purchasing Agent") to have the authority to award purchase contracts on the basis of best value. Factors that may be used to enact the best value option, where cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder are:
On and after the effective date of this chapter, the Purchasing Agent 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 Labor Law Article 8, on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror.
Where the basis for award is the best value offer, Purchasing Agent shall document, in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted.
Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the Purchasing Agent in their determination of best value.
The election to award any such contract on the basis of best value shall be made by the Purchasing Agent in consultation with the department head and appropriate legislative body. In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with the Town of Sullivan Procurement Policy.