[HISTORY: Adopted by the Town Board of the Town of Kinderhook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2015 by L.L. No. 1-2015[1]]
[1]
Editor's Note: This article was originally adopted as
Ch. 236 but was renumbered to maintain the organization of the Code.
This article provides for the Kinderhook Town Board to exercise
their local option from § 103, Subdivision 1, of the New
York Municipal Law, as amended by Chapter 497 of the Laws of 2013.
This amendment authorizes Towns to award purchase and service contracts,
subject to competitive bidding under General Municipal Law § 103,
based upon either the lowest responsible bidder or "best value," as
defined in § 163 of the New York State Finance Law. This
"best value" option may be, but is not required to be, used to award
an applicable purchase contract to optimize quality, cost, and efficiency
among responsive and responsible offers instead of the lowest responsible
bidder.
In accordance with § 103, Subdivision 1, of the New
York General Municipal Law, as amended by Chapter 497 of the Laws
of 2013, a Town Board may award contracts, including both purchase
contracts and those contracts for service work, that have been procured
pursuant to competitive bidding under General Municipal Law § 103
by either lowest responsible bidder or "best value." Goods and services
procured and awarded on the basis of best value pursuant to General
Municipal Law § 103(16) 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; longer product life;
product performance criteria; and quality of craftsmanship.
These sections apply only to purchase contracts involving an
expenditure of more than $20,000 including contracts for service work
(i.e., building services under Article 9 of the Labor Law and utility
services), but excluding any purchase contract necessary for the completion
of a public works contract pursuant to Article 8 of the State Labor
Law as well as excluding any other contracts in accordance with future
state law. 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.
A quote or proposal received pursuant to standard bidding procedures
let out by the United States or any agency thereof, any state or any
other political subdivision or district therein, 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. When a contract is awarded on the basis
of best value rather than a 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.
