HomeMy WebLinkAboutLL 03 of 2013 Best Value Procurement Standard TOWN OF ITHACA
LOCAL LAW NO. 3 OF THE YEAR 2013
A LOCAL LAW ADDING CHAPTER 57 OF THE TOWN OF ITHACA CODE,
ENTITLED "PROCUREMENT", TO AUTHORIZE USE OF THE
BEST VALUE PROCUREMENT STANDARD
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is hereby amended by adding new
Chapter 57, entitled "Procurement", reading as follows:
"Chapter 57
§57-1 Authority and purpose.
New York General Municipal Law § 103(l) allows the Town to authorize, by local
law, the award of certain purchase contracts (including contracts for services) subject
to competitive bidding under General Municipal Law § 103 on the basis of"best
value" as defined in § 163 of the New York State Finance Law. 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.
§57-2 Award based on best value.
The Town Board may award purchase contracts, including contracts for services, 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.
§57-3 Applicability.
The provisions of this chapter apply to Town purchase contracts, including contracts
for services, 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 § 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.
Adopted 3-11-2013
§57-4 Standards for best value.
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 bidder or offerers. Where possible, the determination shall be based on
an objective and quantifiable analysis of clearly described and documented criteria as
they apply to the rating of bids or offers. The criteria 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.
§57-5 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.
§57-6 Procurement policy superseded where inconsistent.
Any inconsistent provision of the Town's procurement policy, as adopted prior to the
effective date of this chapter by resolution of the Town Board, or as amended
thereafter, shall be deemed superseded by the provisions of this chapter."
Section 2. If any provision of this local law is found invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law, which shall remain in full force and effect.
Section 3. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
Adopted 3-11-2013