Chapter 50: Procurement Policy

A. Notwithstanding the provisions of this Chapter 50 ("Procurement Policy"), the Village of Red Hook may, for purposes of public purchases, utilize the provisions of New York State General Municipal Law §103 with regard to so called "piggybacking" of purchases. Pursuant to New York State General Municipal Law §103, the Village of Red Hook may purchase through the bids solicited by the U.S. Government, New York State and/or any other State, political subdivision (Counties, Towns, School Districts, etc.) provided those contracts clearly state that they are available for use by other governmental entities within the requirements of New York General Municipal Law §103(16). Prior to such purchase, the Village of Red Hook will ensure that a piggyback purchase qualifies as follows: 1. The contract must have been let by the United States or any agency there, any state or any other political subdivision or district therein. 2. The contract involved must have been available for use by other governmental entities through the bid solicitation process. In such case, the Village of Red Hook should determine that there is contained within the bidding political subdivision's bid package a provision that the bid is open to and can be used by either the Village of Red Hook or other municipalities. This determination should be made on a case-by-case basis. 3. The specific contract must have been let to the lowest responsible or on the basis of best value and in accordance with or in a manner consistent with the provisions of New York General Municipal Law §103.

A. New York General Municipal Law §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. Section 103 was amended to provide that by adopting a resolution so providing, municipalities may award purchase contracts which would otherwise be subject to the "lowest bidder" rule on the basis of best value, as defined in State Finance Law §163, to a responsive and responsible bidder or offeror. B. Notwithstanding the provisions of this Chapter 50 ("Procurement Policy") the Village of Red Hook hereby determines that it is in the best interest of its residents to have the authority to award purchase contracts on the basis of best value. Factors that may be used to enact the "best value" option, where cost efficiency over time to award the good(s) or service(s) to other than the lowest bidder include but are not limited to: 1. Lowest cost of maintenance for good(s) or service(s); 2. Durability of good(s) or service(s); 3. Higher quality of good(s) or service(s); or 4. Longer product life of good(s) or service(s). C. The Village of Red Hook may award purchase contracts including contracts related to the installation, maintenance, or repair of apparatus, equipment and supplies, but excluding any purchase contracts necessary for the completion of a public works contract pursuant to Labor Law Article 8, on the basis of best value, as defined in State Finance Law § 163, to a responsive and responsible bidder or offeror. 1. Where the basis for award is the best value offer, the Village of Red Hook shall document, in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which whenever possible, shall be quantifiable, and the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted. 2. Where appropriate, the solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be addressed by the Village of Red Hook in its determination of best value. 3. The election to award any such contract on the basis of best value shall be made by the Board of Trustees. In the event that no such election is made, purchase contracts will continue to be awarded to the lowest responsible bidder furnishing any required security in accordance with this Chapter.