[Adopted by the Board of Trustees of the Village of Montour
Falls 4-7-2016 by L.L. No. 3-2016. Amendments noted where applicable.]
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(1) through the basis
of best value and/or under 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.
A.
Many local
governments have been approached by vendors offering goods and services
under contracts, and in some cases, vendors have asserted that the
contract falls within the exception in GML§ 103(1). Pursuant
to GML§ 103(1) and the New York Municipal Home Rule Law,
the following must be present in order for GML § 103(1)
to apply to specific contracts approved by the Village, which would
otherwise be subject to public bidding, but for this chapter:
(1)
The
contract must be a purchase contract (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 Labor Law).
(2)
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.
(3)
The
contract must be consistent with GML§ 103.
B.
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, which would
otherwise be subject to public bidding, but for this chapter:
(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.
This chapter shall take effect upon adoption.
