Bill Text: NY A05469 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes political subdivisions to award publicly competitively bid contracts to businesses that participate in a program designed to foster participation by local businesses in public procurement at a cost premium not to exceed ten percent of the lowest bid.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05469 Detail]
Download: New_York-2011-A05469-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5469
2011-2012 Regular Sessions
I N A S S E M B L Y
February 22, 2011
___________
Introduced by M. of A. TOWNS -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to authorizing
political subdivisions to award public competitively bid contracts to
businesses that participate in a program designed to foster partic-
ipation by local businesses in public procurement at a cost premium
not to exceed ten percent of the lowest bid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 104-a of the general municipal law, as amended by
2 chapter 468 of the laws of 1994, is amended to read as follows:
3 S 104-a. Purchasing [of products] for public use. 1. Notwithstanding
4 the provisions of section one hundred three of this [chapter] ARTICLE,
5 when purchasing products the officer, board or agency of any political
6 subdivision or of any district therein charged with the awarding of
7 public contracts may, wherever recycled products meet contract specifi-
8 cations and the price of such products is reasonably competitive,
9 purchase such products. For the purpose of this [section] SUBDIVISION
10 and until July first, nineteen hundred ninety-six, "recycled product"
11 shall mean any product which has been manufactured from secondary mate-
12 rials, as defined in subdivision one of section two hundred sixty-one of
13 the economic development law, and meets secondary material content
14 requirements adopted by the office of general services under subdivision
15 [one of section one hundred seventy-seven] THREE OF SECTION ONE HUNDRED
16 SIXTY-FIVE of the state finance law for products available to the poli-
17 tical subdivision or district under state contract or, if no such
18 contract for such product is available, any product which meets the
19 secondary material content requirements adopted by the political subdi-
20 vision or district thereof with respect to a specific commodity procure-
21 ment by such entity. On and after July first, nineteen hundred ninety-
22 six, "recycled product" shall mean, for the purposes of this [section]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02926-01-1
A. 5469 2
1 SUBDIVISION, any product which is manufactured from secondary materials,
2 as defined in subdivision one of section two hundred sixty-one of the
3 economic development law, and which meets the requirements of subdivi-
4 sion two of section 27-0717 of the environmental conservation law and
5 regulations promulgated pursuant thereto. For the purpose of this
6 [section] SUBDIVISION, "reasonably competitive" shall mean that the cost
7 of the recycled product does not exceed a cost premium of ten percent
8 above the cost of a comparable product that is not a recycled product
9 or, if at least fifty percent of the secondary materials utilized in the
10 manufacture of that product are generated from the waste stream in New
11 York state, the cost of the recycled product does not exceed a cost
12 premium of fifteen percent above the cost of a comparable product that
13 is not a recycled product.
14 Whenever such officer, board or agency shall purchase or cause the
15 purchase of printing on recycled paper pursuant to this section, he or
16 she shall require the printed material to contain the official state
17 recycling emblem established pursuant to subdivision two of section
18 27-0717 of the environmental conservation law and regulations promulgat-
19 ed pursuant thereto if such paper has been approved by the department of
20 environmental conservation as satisfying the requirements of such stat-
21 ute and regulations, or, if such paper has not been so approved, require
22 the printed material to include a printed statement which indicates the
23 percentages of pre-consumer and post-consumer recycled material content
24 of such paper.
25 2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
26 THIS ARTICLE, WHEN PURCHASING GOODS, SERVICES OR CONSTRUCTION FOR PUBLIC
27 USE THROUGH COMPETITIVE SEALED BIDDING, THE OFFICER, BOARD OR AGENCY OF
28 ANY POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN CHARGED WITH THE
29 AWARDING OF PUBLIC CONTRACTS THAT EMPLOYS A PROGRAM TO FOSTER THE
30 PARTICIPATION OF LOCAL BUSINESSES IN PUBLIC PROCUREMENT, MAY AWARD ANY
31 CONTRACT VALUED AT UNDER ONE MILLION DOLLARS TO A PARTICIPANT OF SUCH
32 PROGRAM EVEN IF SUCH PARTICIPANT IS NOT THE LOWEST BIDDER FOR SUCH
33 CONTRACT, PROVIDED, HOWEVER THAT SUCH AWARD MAY ONLY BE MADE TO THE
34 LOWEST BID SUBMITTED BY THE PARTICIPANT THAT IS REASONABLY COMPETITIVE.
35 FOR THE PURPOSE OF THIS SUBDIVISION, "REASONABLY COMPETITIVE" SHALL MEAN
36 THAT THE LOCALLY BASED BUSINESS'S BID DOES NOT EXCEED THE LOWEST BID BY
37 MORE THAN TEN PERCENT.
38 S 2. This act shall take effect on the thirtieth day after it shall
39 have become a law.
