[HISTORY: Adopted by the Town Board of the Town of Cheektowaga
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3/27-2018 by L.L. No. 2-2018]
This article shall be known as the "Town of Cheektowaga Best
Value Law."
New York State General Municipal Law § 103(1) allows
the Town of Cheektowaga to authorize, by local law, the award of certain
purchase contracts, including contracts for service work subject to
competitive bidding under GML § 103 on the basis of "best
value" as defined in § 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 offeror 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, § 163. All
awards based on "best value" shall require Town Board approval.
The provisions of this article apply to Town of Cheektowaga
purchase contracts, including contracts for services work involving
expenditures of greater 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 § 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 offerors.
The determination shall be based on an objective analysis of clearly
described and documented criteria as they apply to the rating of bids
or offers. Where possible, such determination shall also be used 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.
If any section or subsection, paragraph, clause, phrase or provision
of this article shall be adjudged invalid or held unconstitutional
by any court of competent jurisdiction, any judgment made thereby
shall not affect the validity of this article as a whole or any part
thereof other than the part or provision so adjudged to be invalid
or unconstitutional.
This article shall take effect upon filing with the Secretary
of State pursuant to Municipal Home Rule Law.
