Bill Text: NY S05136 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S05136 Detail]

Download: New_York-2011-S05136-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 5136                                                  A. 7385
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      May 3, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. JOHNSON -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN  ASSEMBLY -- Introduced by M. of A. GRAF -- 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 16 to read as follows:
    3    16. 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09979-01-1
       S. 5136                             2                            A. 7385
    1  all purchase contracts to the lowest responsible bidder after advertise-
    2  ment  for  bids  where  so  required by section one hundred three of the
    3  general municipal law.
    4    2.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
    5  BOARD OR AGENCY OF A TOWN WHEN LETTING CONTRACTS IN ACCORDANCE WITH THIS
    6  SECTION FOR PURCHASE CONTRACTS  INVOLVING  AN  EXPENDITURE  OVER  TWENTY
    7  THOUSAND  DOLLARS  MAY  REJECT ALL BIDS SOLICITED UNDER THIS SECTION AND
    8  MAY ALSO REJECT THE STATE CONTRACT PRICE, AS PROVIDED BY THE  OFFICE  OF
    9  GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
   10  VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
   11  PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
   12  SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
   13  TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
   14  AND THE PROPOSED PURCHASE CONTRACT.
   15    S 3. Section 408-a of the county law is amended by adding a new subdi-
   16  vision 3 to read as follows:
   17    3.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
   18  BOARD OR AGENCY OF A COUNTY WHEN LETTING CONTRACTS  IN  ACCORDANCE  WITH
   19  THIS SECTION FOR PURCHASE CONTRACTS INVOLVING AN EXPENDITURE OVER TWENTY
   20  THOUSAND  DOLLARS  MAY  REJECT BIDS SOLICITED UNDER THIS SECTION AND MAY
   21  ALSO REJECT THE STATE CONTRACT PRICE,  AS  PROVIDED  BY  THE  OFFICE  OF
   22  GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
   23  VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
   24  PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
   25  SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
   26  TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
   27  AND THE PROPOSED PURCHASE CONTRACT.
   28    S 4. This act shall take effect immediately.