[HISTORY: Adopted by the Town Board of the Town of Hyde Park
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-2016 by L.L. No. 5-2016]
This article shall be known as "The Hyde Park Best Value Competitive
Bidding Law."
New York State General Municipal Law Section 103(1) allows the
Town to authorize, by local law, the award of certain purchase contracts,
including contracts for service work subject to competitive bidding
under General Municipal Law Section 103 on the basis of "best value"
as defined in Section 163 of the New York State Finance Law or any
state law superseding or amending said provision. The best value option
may be used, for example, if it is more cost efficient over time to
award the good or service to other than the lowest responsible bidder
or offerer if factors such as lower cost of maintenance, durability,
higher quality and longer product life can be documented.
The Town Board may award purchase contracts after bidding, including
contracts for services work, on the basis of "best value," as that
term is defined in New York State Finance Law Section 163. All awards
based on best value shall require Town Board approval.
The provisions of this article apply to Town purchase contracts,
including contracts for services work 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 of 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 optimize quality, cost
and efficiency, among responsive and responsible bidders or offerers.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
of offers. Where possible, such determination shall also be based
upon and include a quantifiable analysis of the same. The criteria
may include, but shall not be limited to, any or all of the following:
cost of maintenance, proximity to the end use, 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.
Whenever any contract is awarded on the basis of best value
instead of lowest responsible bidder, the basis for determining best
value shall be thoroughly and accurately documented.
Any inconsistent provisions 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.
