New York State Local Technical Assistance Program

Where can I find sample “piggybacking” contract language that my municipality can use?

To utilize “piggybacking” (on other existing contracts), the elected board must pass a local law that authorizes its use. We obtained some samples from the Association of Towns that you can use which are available on our Policies and Standards webpage and are also listed below.

Resources:

Sample Piggybacking Text from NYS Towns:

Town of Cazenovia (Madison County)
§ 29-7. Piggybacking of purchases.
Notwithstanding the provisions of this Procurement Policy, the Town of Cazenovia may, for purposes of public purchases, utilize the provisions of General Municipal Law§ 103 with regard to so-called "piggybacking'' of purchases. Pursuant to General Municipal Law §103, the Town of Cazenovia may purchase through the bids solicited by the United States government, New York State and/or any other political subdivision (counties, towns, villages, school districts, etc.), provided those contracts clearly state that they are available for use by other governmental entities within the requirements of General Municipal Law§ 103(16). Prior to such purchase, the Town of Cazenovia will ensure that a piggyback purchase qualifies as follows:
A. The contract involved must have been available for use by other governmental entities through the bid solicitation process. In such case, the Town of Cazenovia should determine that there is contained within the bidding municipality's bid package a provision that the bid is open to and can be used by either the Town of Cazenovia or other municipalities. This determination should be made on a case-by-case basis.
B. The specific contract must have been issued in accordance with the provision of General Municipal Law §103.

Town of Van Buren (Onondaga County)
§ 50-6.1 Piggybacking.                   [Added 5-3-2016 by L.L. No. 4-2016]
A. Notwithstanding the provisions of this Chapter 50 ("Procurement Policy"), the Town of Van Buren may, for purposes of public purchases, utilize the provisions of New York General Municipal Law § 103 with regard to so-called "piggybacking" of purchases. Pursuant to New York General Municipal Law § 103, the Town of Van Buren may purchase through the bids solicited by the United States government, New York State and/or any other state or political subdivision (counties, towns, school districts, etc.), provided that 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 Town of Van Buren will ensure that a piggyback purchase qualifies as follows:
(1) The contract must have been let by the United States or any agency thereof, 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 Town of Van Buren 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 Town of Van Buren 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.

Town of Woodbury (Orange County)
§ 236-2 Award to lowest responsible bidder; piggybacking exception.
Piggybacking is permissible as an exception to the general bidding requirements set forth in subdivisions 1, 2 and 3 of General Municipal Law § 103, and § 104 of the General Municipal Law. Consistent with General Municipal Law § 103, Subdivision 16, the Town Board may make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment and supplies, may make such purchases, or may contract for such services related to the installation, maintenance, or repair of apparatus, materials, equipment or supplies as may be required through the use of a contract let by the United States of America or any agency thereof, any state or any other political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value and made available for use by other governmental entities.

Town of Deerpark (Orange County)
§ 70-4 Award to lowest responsible proposal or quote; exception; piggybacking.
A. The lowest responsible proposal or quote shall be awarded the purchase or public works contract, unless the purchaser prepares a written justification providing reasons why it is in the best interest of the Town and its taxpayers to make an award to other than the low bidder through best value requirements, under General Municipal Law § 103, Subdivision 1. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.
B. "Piggybacking" is allowable under General Municipal Law § 103, Subdivision 16, allowing procurement of certain goods (including apparatus, materials, equipment, and supplies) and services through contracts let by the United States or any agency thereof, any state or political subdivision or any district therein, if such contract was obtained in a manner consistent with competitive bidding and has been made available for use by other governmental agencies. Approval for the use of piggybacking will be through the Town Supervisor.

Town of Thompson (Sullivan County)
§ 70-4 "Piggybacking" law; exception to competitive bidding requirement.
A. Pursuant to New York State General Municipal Law § 103, Subsection 1, the Town of Thompson shall be authorized to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein.
B. The Town shall be permitted to "piggyback" on a previous order for a procurement of apparatus, materials, equipment and supplies, and related installations, repair and maintenance services when the following three prerequisites are met:
(1) The contract must have been let by the United States or any agency thereof, any state or any other political subdivision or district therein;
(2) The contract must have been made available for use by other governmental entities, and same must be stated clearly within the contract let by the other entity that extends the terms and conditions of the contract to other governmental entities; and
(3) The contract must have been let to the lowest responsible bidder or on the basis of best value in a manner consistent with Town Code §§ 70-2 and 70-3 and General Municipal Law § 103 as applicable to New York State political subdivisions.
C. Upon meeting all these prerequisites, the Town may utilize a previously used procurement order from a recognized and previously mentioned political subdivision and not be required to utilize and comply with competitive bidding requirements for the purchase of apparatus, materials, equipment and supplies and to contract for services related to the installation, maintenance or repair of those items.

Town of Macedon (Wayne County)
Chapter 26. Purchasing
Article II. Cooperative Purchasing
§ 26-3. Purpose.
A. The Town of Macedon wishes to improve the efficiency and effectiveness for the procurement of products and services that are necessary; and
B. Cooperative purchasing, also known as piggybacking, allows municipalities to secure cheaper costs for a particular product or service by using the same contract for a vendor that was used by other government agency; and eliminating the competitive bid process; and
C. Certain enactments of Bill Numbers S.552c, Chapter 308, and S3766A, which amends Subdivision 16 of § 103 to the General Municipal Law, allows municipalities in New York to jointly contract for goods and services with any other federal, state or local government agency, as well as giving political subdivisions the option of letting contracts based on "best value," as an alternative to letting contracts to the "lowest responsible bidder"; and
D. The effect of said legislation gives public agencies additional opportunities to purchase products and services in an efficient and cost-saving manner.
§ 26-4. Authorization.
The Town of Macedon is hereby authorized to take advantage of the prices available through piggybacking.

Town of Cicero (Onondaga County)
§ 38-6 Exceptions.
Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:
A. Emergencies.
B. Acquisition of professional services.
C. Sole source situations, where documented.
D. Goods purchased from agencies for the blind or severely handicapped.
E. Goods purchased from correctional facilities.
F. Goods purchased from another governmental agency.
G. Goods purchased at auction, not exceeding $10,000.
H. Procurements less than $5,000.
I. Purchases from state or county contract General Municipal Law § 103(16) "Piggyback" Law.

Town of Richmond (Ontario County)
§ 54-4 Best value bidding.
F. Piggybacking of purchases. Notwithstanding the provisions of this article, the Town of Richmond may, for purposes of public purchases, utilize the provisions of General Municipal Law § 103 with regard to so-called piggybacking of purchases. Pursuant to General Municipal Law § 103, the Town of Richmond may purchase through the bids solicited by the United States government, New York State and/or any other political subdivision (counties, towns, villages, school districts, etc.), provided that those contracts clearly state that they are available for use by other governmental entities within the requirements of General Municipal Law § 103, Subdivision 16. Prior to such purchase, the Town of Richmond will ensure that a piggyback purchase qualifies as follows:
(1) The contract involved must have been available for use by other governmental entities through the bid solicitation process. In such case, the Town of Richmond should determine that there is contained within the bidding municipality's bid package a provision that the bid is open to and can be used by either the Town of Richmond or other municipalities. This determination should be made on a case-by-case basis.
(2) The specific contract must have been issued in accordance with the provision of General Municipal Law § 103.

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