Bill Text: NY A05119 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes political subdivisions to purchase apparatus, materials, equipment and related services through contracts let by other government entities or the federal government.
Spectrum: Slight Partisan Bill (Democrat 18-7)
Status: (Introduced - Dead) 2013-06-17 - substituted by s3766a [A05119 Detail]
Download: New_York-2013-A05119-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5119--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Local Governments -- 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 the
purchase of apparatus, materials, equipment and supplies and related
services through the use of certain contracts let by other government
entities, and authorizing the use of certain federal contracts as an
exception to certain bidding requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 16 of section 103 of the general municipal law,
2 as added by chapter 308 of the laws of 2012, is amended to read as
3 follows:
4 16. Notwithstanding the provisions of subdivisions one, two and three
5 of this section, and section one hundred four of this article, any offi-
6 cer, board or agency of a [county,] political subdivision or of any
7 district therein authorized to make purchases of apparatus, materials,
8 equipment or supplies, or to contract for services related to the
9 installation, maintenance or repair of apparatus, materials, equipment,
10 and supplies, may make such purchases, or may contract for such services
11 related to the installation, maintenance or repair of apparatus, materi-
12 als, equipment, and supplies, as may be required by such [county,] poli-
13 tical subdivision or district therein through the use of a contract let
14 by the United States of America or any agency thereof, any state or any
15 other [county or] political subdivision or district therein if such
16 contract was let TO THE LOWEST RESPONSIBLE BIDDER OR ON THE BASIS OF
17 BEST VALUE in a manner [that constitutes competitive bidding] consistent
18 with [state law] THIS SECTION and made available for use by other
19 governmental entities; PROVIDED, HOWEVER, THAT NO POLITICAL SUBDIVISION
20 OR DISTRICT THEREIN, OTHER THAN A CITY WITH A POPULATION OF ONE MILLION
21 OR MORE INHABITANTS OR ANY DISTRICT, BOARD OR AGENCY WITH JURISDICTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08874-03-3
A. 5119--A 2
1 EXCLUSIVELY THEREIN, MAY MAKE SUCH PURCHASES OR CONTRACT FOR SUCH
2 SERVICES THROUGH THE USE OF SUCH A CONTRACT LET ON THE BASIS OF BEST
3 VALUE IN A MANNER CONSISTENT WITH THIS SECTION UNLESS THE POLITICAL
4 SUBDIVISION OR DISTRICT SHALL FIRST ADOPT A LOCAL LAW, RULE, REGULATION
5 OR RESOLUTION, AS THE CASE MAY BE, PURSUANT TO SUBDIVISION ONE OF THIS
6 SECTION, AUTHORIZING THE USE OF BEST VALUE FOR AWARDING PURCHASE
7 CONTRACTS.
8 The authority provided to [counties,] political subdivisions and
9 districts therein pursuant to this subdivision shall not relieve any
10 obligation of such [county,] political subdivision or district therein
11 to comply with any applicable minority and women-owned business enter-
12 prise program mandates and the preferred source requirements of section
13 one hundred sixty-two of the state finance law.
14 S 2. Subdivision 2 of section 104 of the general municipal law, as
15 added by section 7 of subpart A of part C of chapter 97 of the laws of
16 2011, is amended to read as follows:
17 2. Notwithstanding the provisions of section one hundred three of this
18 article or of any other general, special or local law, any officer,
19 board or agency of a political subdivision, or of a district therein,
20 may make purchases from federal general service administration supply
21 schedules pursuant to section 211 of the federal e-government act of
22 2002, P.L. 107-347 AND THE LOCAL PREPAREDNESS ACQUISITION ACT, P.L.
23 110-248, and pursuant to section 1122 of the national defense authori-
24 zation act for fiscal year 1994, P.L. 103-160 AND SECTION 833 OF THE
25 JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007,
26 P.L. 109-364, AND THE FEDERAL SUPPLY SCHEDULE USAGE ACT OF 2010, P.L.
27 111-263, or any successor schedules, in accordance with procedures
28 established [pursuant thereto] IN CONNECTION THEREWITH. Prior to making
29 such purchases the officer, board or agency shall consider whether such
30 purchases will result in cost savings after all factors, including
31 charges for service, material, and delivery, have been considered.
32 S 3. This act shall take effect immediately; provided, however, that
33 the amendments to subdivision 16 of section 103 of the general municipal
34 law made by section one of this act shall not affect the repeal of such
35 subdivision and shall be deemed repealed therewith; and provided
36 further, however, that the amendments to subdivision 2 of section 104 of
37 the general municipal law made by section two of this act shall not
38 affect the expiration of such subdivision and shall be deemed to expire
39 therewith.
