Bill Text: NY A02503 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Allows political subdivisions to enter into purchase contracts with retailers, vendors and wholesalers when such contracts are lower than the lowest responsible bidder and state contract price.

Spectrum: Moderate Partisan Bill (Republican 18-2)

Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A02503 Detail]

Download: New_York-2015-A02503-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2503
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced  by  M.  of  A. GRAF, McDONOUGH, KATZ, FRIEND, GOODELL, RAIA,
         MONTESANO, LUPINACCI, SALADINO, TENNEY,  DiPIETRO,  DUPREY,  LALOR  --
         Multi-Sponsored by -- M. of A.  BARCLAY, COLTON, HAWLEY, OAKS, SKARTA-
         DOS -- read once and referred to the Committee on Local Governments
       AN  ACT  to amend the general municipal law, the town law and the county
         law, in relation to allowing  political  subdivisions  to  enter  into
         purchase  contracts  with retailers, vendors and wholesalers when such
         contracts are lower than  the  lowest  responsible  bidder  and  state
         contract price
         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 a new subdivision 17 to read as follows:
    3    17.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, A POLI-
    4  TICAL SUBDIVISION,  WHEN  LETTING  CONTRACTS  IN  ACCORDANCE  WITH  THIS
    5  SECTION  FOR  PURCHASE  CONTRACTS  INVOLVING  AN EXPENDITURE OVER TWENTY
    6  THOUSAND DOLLARS MAY REJECT BIDS SOLICITED UNDER THIS  SECTION  AND  MAY
    7  ALSO  REJECT  THE  STATE  CONTRACT  PRICE,  AS PROVIDED BY THE OFFICE OF
    8  GENERAL SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY  RETAILER,
    9  VENDOR  OR  WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT IS TEN
   10  PERCENT LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT  PRICE.
   11  SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
   12  TROLLER  AND  MUST  INCLUDE THE SOLICITED BIDS, THE STATE CONTRACT PRICE
   13  AND THE PROPOSED PURCHASE CONTRACT.
   14    S 2. Section 122 of the town law, as added by chapter 861 of the  laws
   15  of  1953  and  as  renumbered  by  chapter  1049 of the laws of 1969, is
   16  amended to read as follows:
   17    S 122. Advertising for bids; letting of contracts. 1.  Every  officer,
   18  board  or  agency  of a town shall let all contracts for public work and
   19  all purchase contracts to the lowest responsible bidder after advertise-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05566-01-5
       A. 2503                             2
    1  ment for bids where so required by section  one  hundred  three  of  the
    2  general municipal law.
    3    2.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
    4  BOARD OR AGENCY OF A TOWN WHEN LETTING CONTRACTS IN ACCORDANCE WITH THIS
    5  SECTION FOR PURCHASE CONTRACTS  INVOLVING  AN  EXPENDITURE  OVER  TWENTY
    6  THOUSAND  DOLLARS  MAY  REJECT ALL BIDS SOLICITED UNDER THIS SECTION AND
    7  MAY ALSO REJECT THE STATE CONTRACT PRICE, AS PROVIDED BY THE  OFFICE  OF
    8  GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
    9  VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
   10  PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
   11  SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
   12  TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
   13  AND THE PROPOSED PURCHASE CONTRACT.
   14    S 3. Section 408-a of the county law is amended by adding a new subdi-
   15  vision 3 to read as follows:
   16    3.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
   17  BOARD OR AGENCY OF A COUNTY WHEN LETTING CONTRACTS  IN  ACCORDANCE  WITH
   18  THIS SECTION FOR PURCHASE CONTRACTS INVOLVING AN EXPENDITURE OVER TWENTY
   19  THOUSAND  DOLLARS  MAY  REJECT BIDS SOLICITED UNDER THIS SECTION AND MAY
   20  ALSO REJECT THE STATE CONTRACT PRICE,  AS  PROVIDED  BY  THE  OFFICE  OF
   21  GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
   22  VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
   23  PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
   24  SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
   25  TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
   26  AND THE PROPOSED PURCHASE CONTRACT.
   27    S 4. This act shall take effect immediately.