[HISTORY: Adopted by the Town Board of the Town of Lenox
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-2018 by L.L. No. 3-2018]
This article 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 Lenox Town Board hereby
determines that it is in the best interest of the Town of Lenox and
its residents for the Town of Lenox 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 include
but are not limited to:
On and after the effective date of this article, 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.
A.
Where the basis for award is the best value offer, the 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.
B.
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.
C.
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 Lenox Procurement Policy.
If any clause, sentence, paragraph, subdivision or part of this
article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision or
part of this article or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall be effective upon filing with the office
of the Secretary of State.
