A Local Law of the Town of Milford
Regarding the Procurement of Goods and Services
on the Basis of Best Value
Local Law No. __1___ of the Year 2015
Be it enacted by the Town Board of the Town of Milford as follows:
I. Statutory Authority; Title
This Local Law is adopted pursuant to the authority of Section 103, Subdivision 1, of the
New York General Municipal Law and shall be known as the “Best Value Procurement
Law of the Town of Milford.”
II. Purpose
The Town Board seeks to exercise the local option set forth in § 103, Subdivision 1, of
the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012, which amendment authorizes the Town to award
purchase contracts and contracts for services subject to competitive bidding under
General Municipal Law § 103 on the basis of either lowest responsible bidder or "best
value," as defined in § 163 of the New York State Finance Law. The best value option
may be used if it is more cost efficient over time to award the good or service to other
than the lowest responsible bidder due to factors such as lower cost of maintenance,
durability, higher quality, and longer product life.
III. Award based on low bid or best value
The Town Board may award purchase contracts and service contracts that have been
procured pursuant to competitive bidding under General Municipal Law § 103 by either
the lowest responsible bidder or best value standard.
IV. Applicability
The provisions of this article apply to Town purchase contracts involving an expenditure
of more than $20,000 and Town contracts for services involving an expenditure of more
than $35,000 but exclude purchase contracts necessary for the completion of a public
works contract pursuant to Article 8 of the State Labor Law and excluding any other
contract that may in the future be excluded under state law from the best value option. 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.
V. Standards for Best Value
Goods and services procured and awarded on the basis of best value 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.
VI. Documentation
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.
VII. Procurement Policy Superseded Where Inconsistent
Any inconsistent provision of the Town's procurement policy, as adopted prior to the
effective date of this Local Law by resolution of the Town Board, or as amended
thereafter, shall be deemed superseded by the provisions of this Local Law.
VIII. Severability
If any clause, sentence, sub-paragraph, subsection or section of this Local Law shall be
held invalid by any court of competent jurisdiction, or the application of this Local Law
to any person or set of circumstances shall be held invalid, such invalidity or judgment
shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subparagraph, subsection, section or operation of this
Local Law directly involved in the controversy in which the judgment shall have been
rendered. To further this end, the provisions of this Local Law are hereby declared to be
severable.
IX. Effective Date
This Local Law shall take effect immediately upon filing with the Office of the Secretary
of State of the State of New York, in accordance with the applicable provisions of law,
and specifically Article 3, Section 27 of Municipal Home Rule Law.
Regarding the Procurement of Goods and Services
on the Basis of Best Value
Local Law No. __1___ of the Year 2015
Be it enacted by the Town Board of the Town of Milford as follows:
I. Statutory Authority; Title
This Local Law is adopted pursuant to the authority of Section 103, Subdivision 1, of the
New York General Municipal Law and shall be known as the “Best Value Procurement
Law of the Town of Milford.”
II. Purpose
The Town Board seeks to exercise the local option set forth in § 103, Subdivision 1, of
the New York General Municipal Law, as amended by Chapter 608 of the Laws of 2011
and Chapter 2 of the Laws of 2012, which amendment authorizes the Town to award
purchase contracts and contracts for services subject to competitive bidding under
General Municipal Law § 103 on the basis of either lowest responsible bidder or "best
value," as defined in § 163 of the New York State Finance Law. The best value option
may be used if it is more cost efficient over time to award the good or service to other
than the lowest responsible bidder due to factors such as lower cost of maintenance,
durability, higher quality, and longer product life.
III. Award based on low bid or best value
The Town Board may award purchase contracts and service contracts that have been
procured pursuant to competitive bidding under General Municipal Law § 103 by either
the lowest responsible bidder or best value standard.
IV. Applicability
The provisions of this article apply to Town purchase contracts involving an expenditure
of more than $20,000 and Town contracts for services involving an expenditure of more
than $35,000 but exclude purchase contracts necessary for the completion of a public
works contract pursuant to Article 8 of the State Labor Law and excluding any other
contract that may in the future be excluded under state law from the best value option. 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.
V. Standards for Best Value
Goods and services procured and awarded on the basis of best value 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.
VI. Documentation
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.
VII. Procurement Policy Superseded Where Inconsistent
Any inconsistent provision of the Town's procurement policy, as adopted prior to the
effective date of this Local Law by resolution of the Town Board, or as amended
thereafter, shall be deemed superseded by the provisions of this Local Law.
VIII. Severability
If any clause, sentence, sub-paragraph, subsection or section of this Local Law shall be
held invalid by any court of competent jurisdiction, or the application of this Local Law
to any person or set of circumstances shall be held invalid, such invalidity or judgment
shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subparagraph, subsection, section or operation of this
Local Law directly involved in the controversy in which the judgment shall have been
rendered. To further this end, the provisions of this Local Law are hereby declared to be
severable.
IX. Effective Date
This Local Law shall take effect immediately upon filing with the Office of the Secretary
of State of the State of New York, in accordance with the applicable provisions of law,
and specifically Article 3, Section 27 of Municipal Home Rule Law.
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