Bill Text: NY A00853 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-04-04 - enacting clause stricken [A00853 Detail]

Download: New_York-2011-A00853-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          853
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  DESTITO,  CAHILL, SCHROEDER -- read once and
         referred to the Committee on Local Governments
       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 14 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
   23  CONSOLIDATED SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL  SCHEDULE
   24  ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01688-01-1
       A. 853                              2
    1  8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS,  WHICHEVER  IS  APPLICABLE.
    2  ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
    3  COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
    4    14.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
    5  AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF  THIS  SECTION
    6  AND  SECTION  ONE  HUNDRED  FOUR  OF THIS ARTICLE, ANY OFFICER, BOARD OR
    7  AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN  AUTHORIZED
    8  TO  MAKE  PURCHASES  OF  MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH
    9  PURCHASES AS MAY BE  REQUIRED  BY  SUCH  POLITICAL  SUBDIVISION  OR  ANY
   10  DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
   11  POLITICAL  SUBDIVISION  IF  SUCH  CONTRACT  WAS  LET  IN ACCORDANCE WITH
   12  COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH  THIS  SECTION
   13  AND  WITH  THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL
   14  ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING  BOARD  OF  THE
   15  POLITICAL  SUBDIVISION  OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE,
   16  UPON REVIEW OF ANY NECESSARY DOCUMENTATION  AND,  AS  APPROPRIATE,  UPON
   17  ADVICE  OF  ITS  COUNSEL, THAT THE REQUIREMENTS OF THIS SUBDIVISION HAVE
   18  BEEN MET, AND SHALL  CERTIFY,  BY  RESOLUTION,  THAT  SUCH  PURCHASE  IS
   19  PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL
   20  SUBDIVISION  OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B
   21  OF THIS ARTICLE. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL SUBDI-
   22  VISIONS AND DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL  NOT  RELIEVE
   23  ANY  OBLIGATION  OF  SUCH  POLITICAL  SUBDIVISION OR DISTRICT THEREIN TO
   24  COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISE
   25  PROGRAM MANDATES.
   26    S 2. This act shall take effect immediately.