Village of Ardsley, NY Chapter 8 Contracts

[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley as indicated in article histories. Amendments noted where applicable.]

Article I Exceptions to Competitive Bidding

[Adopted 9-6-2016 by L.L. No. 5-2016[1]]

[1] Editor's Note: This local law was originally adopted as Ch. 40, Art. I, but was redesignated for organizational purposes.]

§ 8-1 Applicability.

The following specific procurement policy is intended to apply only to goods and services where the Village wishes to make procurements under General Municipal Law (GML) § 103(16) through the basis of best value and procurements let by other governmental entities, including the United States or any agency thereof, the State of New York and any political subdivision thereof, in a manner consistent with GML § 103.

§ 8-2 Policy.

A. Many local governments have been approached by vendors offering goods and services under other government contracts, and, in some cases, vendors have asserted that the contract falls within the exception in GML § 103(16). Pursuant to GML § 103(16) and the New York Municipal Home Rule Law, the following must be present in order for GML § 103(16) to apply to specific contracts approved by the Village not subject to public bidding:

(1) The contract must be let by the United States or any agency thereof, the State of New York or any political subdivision or district therein.

(2) The contract must have been made available for use by other governmental entities.

(3) The contract must have been let to the lowest responsible bidder or on the basis of best value in a manner consistent with this section.

(4) The contract must be consistent with GML § 103.

B. All other provisions of the Village's procurement policy must be followed to the extent not let by another government entity.

§ 8-3 When effective.

The article shall take effect upon adoption.