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ENACCMENT1Local Law Authorizing Award of Contracts on Basis of Best Value—3-9-2020
RESOLUTION ADOPTING LOCAL LAW NO.: OF 2020
AUTHORIZING THE AWARD OF CONTRACTS
ON THE BASIS OF BEST VALUE
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2020 entitled, "A Local Law Authorizing the Award of Contracts on the Basis of Best
Value", which Local Law would authorize the Town to award contracts which would otherwise
be subject to the "lowest bidder" rule on the basis of"best value", as defined in §163 of the New
York State Finance Law, as determined by the Town Board upon the recommendation of the
Purchasing Agent and the Department Manager, which would include the specific factors to be
applied in determining best value reflecting, wherever possible, objective and quantifiable
analysis, and
WHEREAS, adoption of this legislation is authorized by New York State General
Municipal Law §103 and New York State Municipal Home Rule Law §10, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a
public hearing concerning such proposed Local Law on Monday, March 9th, 2020 and heard all
interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2020
to authorize the award of contracts on the basis of best value as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Counsel and/or Town Clerk to take such other and further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 9th day of March, 2020, by the following vote:
AYES :
NOES :
ABSENT :
LOCAL LAWS\Best Value—Award of Contracts—3-9-2020
LOCAL LAW NO.: OF 2020
A LOCAL LAW AUTHORIZING THE AWARD OF
CONTRACTS ON THE BASIS OF BEST VALUE
BE IT ENACTED by the Queensbury Town Board as follows:
SECTION 1.
A. Section 103 of the New York General Municipal Law (GML 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.
B. GML 103 has been amended to provide that the Town may award purchase contracts
which would otherwise be subject to the "lowest bidder" rule on the basis of "best value", as
defined in Section 163 of the New York State Finance Law, to a responsive and responsible
bidder or offeror, if so authorized by a Local Law.
C. The Town Board hereby determines that it is in the best interest of the Town and its
inhabitants for the Town to have the authority to award contracts on the basis of best value.
SECTION 2.
A. On and after the effective date hereof, the Town 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 Article 8 of the New York Labor Law, on the
basis of best value, as defined in Section 163 of the New York State Finance Law, to a
responsive and responsible bidder or offeror.
B. The determination to award any such contract on the basis of best value shall be made
by the Town Board upon the recommendation of the Purchasing Agent and the Department
a
Head. Such recommendation shall include the specific factors to be applied in determining best
value which shall reflect, wherever possible, objective and quantifiable analysis.
C. In the event that no such determination is made, contracts will continue to be awarded
to the lowest responsible bidder furnishing the required security as required by GML 103.
SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence, paragraph or part thereof.
SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law §27.