[HISTORY: Adopted by the Town Board of the
Town of East Hampton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-21-2017 by L.L. No. 35-2017]
A.
This local law shall be known as the "Town of East Hampton Best Value
Contract Award Law."
B.
The purpose of this local law is to authorize the Town to use of
best value criteria when awarding purchase contracts in addition to
lowest responsible bidder, in instances where such an award is permitted,
consistent with § 103 of the General Municipal Law and § 163
of the New York State Finance Law. Use of best value criteria will
provide the Town Board with greater flexibility in awarding contracts,
ensuring that the Town obtains the highest quality goods at a low
cost. The "best value" option may be used when it is more cost-efficient
over time to award the good or service to other than the lowest responsible
bidder or offeror if factors such as lower cost of maintenance, durability,
high quality and longer product life can be documented.
These provisions shall apply to Town purchase contracts, including
contracts for services, but shall exclude purchase contracts necessary
for the completion of a public works contract pursuant to Article
8 of the New York Labor Law or any such other contract which may be
deemed ineligible for the use of best value award by state law.
Goods and services may be procured on the basis of best value
when the Town Board determines that doing so will optimize quality,
cost and efficiency among responsive and responsible bidder or offerors.
A.
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.
B.
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.
C.
General evaluation criteria shall be identified in the Town's
procurement policy, a copy of which shall be maintained in the Department
of Purchasing and be made available to the public.
D.
The Senior Purchasing Agent shall establish specific evaluation criteria
that will be relied upon for procuring goods based upon best value,
which shall be maintained in the Purchasing Department and made available
to the public.
E.
Solicitation documents shall state the minimum requirements and specifications
that must be met in order for the bidder to be deemed responsible
and shall identify the general procedure and manner in which the evaluation
and selection shall be conducted.
