Bill Text: NY A01105 | 2009-2010 | General Assembly | Amended

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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

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                           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.