Bill Text: NY S06190 | 2009-2010 | General Assembly | Amended

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Bill Title: Authorizes shared purchasing contracts for political subdivisions to purchase apparatus, supplies, materials, technology or equipment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-24 - PRINT NUMBER 6190A [S06190 Detail]

Download: New_York-2009-S06190-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6190--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                  September 25, 2009
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules  --  recommitted  to
         the  Committee  on  Local Government in accordance with Senate Rule 6,
         sec. 8 -- 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
   22  SERVICES ADMINISTRATION SCHEDULE  SEVENTY,  INFORMATION  TECHNOLOGY  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03548-04-0
       S. 6190--A                          2
    1  CONSOLIDATED  SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL SCHEDULE
    2  ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
    3  8.405-1  OR  8.405-2  OR SUCCESSOR REGULATIONS, WHICHEVER IS APPLICABLE.
    4  ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
    5  COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
    6    13. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
    7  AND  IN  ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
    8  AND SECTION ONE HUNDRED FOUR OF THIS  ARTICLE,  ANY  OFFICER,  BOARD  OR
    9  AGENCY  OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
   10  TO MAKE PURCHASES OF MATERIALS, EQUIPMENT AND  SUPPLIES  MAY  MAKE  SUCH
   11  PURCHASES  AS  MAY  BE  REQUIRED  BY  SUCH  POLITICAL SUBDIVISION OR ANY
   12  DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
   13  POLITICAL SUBDIVISION IF  SUCH  CONTRACT  WAS  LET  IN  ACCORDANCE  WITH
   14  COMPETITIVE  BIDDING  REQUIREMENTS THAT ARE CONSISTENT WITH THIS SECTION
   15  AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN  OTHER  GOVERNMENTAL
   16  ENTITIES.  PRIOR  TO  MAKING SUCH A PURCHASE, THE GOVERNING BOARD OF THE
   17  POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE  SHALL  DETERMINE,
   18  UPON  REVIEW  OF  ANY  NECESSARY DOCUMENTATION AND, AS APPROPRIATE, UPON
   19  ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF  THIS  SUBDIVISION  HAVE
   20  BEEN  MET,  AND  SHALL  CERTIFY,  BY  RESOLUTION,  THAT SUCH PURCHASE IS
   21  PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL
   22  SUBDIVISION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED  FOUR-B
   23  OF THIS ARTICLE. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL SUBDI-
   24  VISIONS  AND  DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL NOT RELIEVE
   25  ANY OBLIGATION OF SUCH POLITICAL  SUBDIVISION  OR  DISTRICT  THEREIN  TO
   26  COMPLY  WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
   27  PROGRAM MANDATES.
   28    S 2. This act shall take effect immediately.