Bill Text: NY A01105 | 2009-2010 | General Assembly | Amended
Bill Title: Authorizes shared purchasing contracts for political subdivisions to purchase apparatus, supplies, materials or equipment.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-06-24 - print number 1105a [A01105 Detail]
Download: New_York-2009-A01105-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1105--A 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. DESTITO, CAHILL, SCHROEDER -- read once and referred to the Committee on Local Governments -- recommitted to the Committee on Local Governments in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to allowing certain shared purchasing contracts among political subdivisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 103 of the general municipal law is amended by 2 adding three new subdivisions 1-b, 1-c and 13 to read as follows: 3 1-B. WHEN THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION OR 4 OF ANY DISTRICT THEREIN CHARGED WITH THE AWARDING OF CONTRACTS UNDER 5 THIS SECTION DETERMINES THAT IT IS IN THE BEST INTEREST OF THE POLITICAL 6 SUBDIVISION OR DISTRICT THEREIN, SUCH OFFICER, BOARD OR AGENCY MAY AWARD 7 CONTRACTS FOR SERVICES ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION 8 ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW TO RESPONSIVE AND 9 RESPONSIBLE OFFERERS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS 10 SECTION, A CONTRACT FOR SERVICES MAY BE AWARDED ON THE BASIS OF BEST 11 VALUE PROVIDED THAT THE CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH 12 THE GUIDELINES ESTABLISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE 13 STATE FINANCE LAW BY THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE 14 UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE GOVERNING BODY OF THE 15 PURCHASING POLITICAL SUBDIVISION OR DISTRICT THEREIN. 16 1-C. A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE 17 OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD- 18 WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE PURCHASING 19 PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA- 20 TION TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL 21 SUBDIVISION OR ANY DISTRICT THEREIN THAT PURCHASES THROUGH GENERAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03548-05-0 A. 1105--A 2 1 SERVICES ADMINISTRATION SCHEDULE SEVENTY, INFORMATION TECHNOLOGY AND 2 CONSOLIDATED SCHEDULE CONTRACTS SHALL COMPLY WITH FEDERAL SCHEDULE 3 ORDERING PROCEDURES AS PROVIDED IN FEDERAL ACQUISITION REGULATION 4 8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS, WHICHEVER IS APPLICABLE. 5 ADHERENCE TO SUCH PROCEDURES SHALL CONSTITUTE COMPLIANCE WITH THE 6 COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION. 7 13. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION 8 AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION 9 AND SECTION ONE HUNDRED FOUR OF THIS ARTICLE, ANY OFFICER, BOARD OR 10 AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED 11 TO MAKE PURCHASES OF MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH 12 PURCHASES AS MAY BE REQUIRED BY SUCH POLITICAL SUBDIVISION OR ANY 13 DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR 14 POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET IN ACCORDANCE WITH 15 COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH THIS SECTION 16 AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL 17 ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING BOARD OF THE 18 POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE, 19 UPON REVIEW OF ANY NECESSARY DOCUMENTATION AND, AS APPROPRIATE, UPON 20 ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF THIS SUBDIVISION HAVE 21 BEEN MET, AND SHALL CERTIFY, BY RESOLUTION, THAT SUCH PURCHASE IS 22 PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL 23 SUBDIVISION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B 24 OF THIS ARTICLE. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL SUBDI- 25 VISIONS AND DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL NOT RELIEVE 26 ANY OBLIGATION OF SUCH POLITICAL SUBDIVISION OR DISTRICT THEREIN TO 27 COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE 28 PROGRAM MANDATES. 29 S 2. This act shall take effect immediately.