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

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A8534-2011 Actions

• Feb 22, 2012: print number 8534a
• Feb 22, 2012: amend and recommit to local governments
• Jan 4, 2012: referred to local governments
• Jul 13, 2011: referred to local governments

A8534-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    8534

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                July 13, 2011
                                 ___________

  Introduced  by M. of A. GALEF -- 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:


    Section 1. Section 103 of the general  municipal  law  is  amended  by
  adding three new subdivisions 1-b, 1-c and 14 to read as follows:

    1-B. WHEN THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION OR
  OF  ANY  DISTRICT  THEREIN  CHARGED WITH THE AWARDING OF CONTRACTS UNDER
  THIS SECTION DETERMINES THAT IT IS IN THE BEST INTEREST OF THE POLITICAL
  SUBDIVISION OR DISTRICT THEREIN, SUCH OFFICER, BOARD OR AGENCY MAY AWARD
  CONTRACTS FOR SERVICES ON THE BASIS OF BEST VALUE AS DEFINED IN  SECTION
  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE  FINANCE LAW TO RESPONSIVE AND
  RESPONSIBLE  OFFERERS.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS
  SECTION,  A  CONTRACT  FOR  SERVICES MAY BE AWARDED ON THE BASIS OF BEST
  VALUE PROVIDED THAT THE CONTRACTING PROCESS AND AWARD SHALL COMPLY  WITH
  THE  GUIDELINES ESTABLISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE
  STATE FINANCE LAW BY THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE
  UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE GOVERNING  BODY  OF  THE
  PURCHASING POLITICAL SUBDIVISION OR DISTRICT THEREIN.
    1-C.  A  POLITICAL  SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE
  OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
  WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE  PURCHASING
  PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
  TION  TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL
  SUBDIVISION OR ANY  DISTRICT  THEREIN  THAT  PURCHASES  THROUGH  GENERAL
  SERVICES  ADMINISTRATION  SCHEDULE  SEVENTY,  INFORMATION TECHNOLOGY AND
  CONSOLIDATED SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL  SCHEDULE
  ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
  8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS,  WHICHEVER  IS  APPLICABLE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01688-01-1

 A. 8534                             2

  ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
  COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
    14.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
  AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF  THIS  SECTION
  AND  SECTION  ONE  HUNDRED  FOUR  OF THIS ARTICLE, ANY OFFICER, BOARD OR
  AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN  AUTHORIZED
  TO  MAKE  PURCHASES  OF  MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH
  PURCHASES AS MAY BE  REQUIRED  BY  SUCH  POLITICAL  SUBDIVISION  OR  ANY
  DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
  POLITICAL  SUBDIVISION  IF  SUCH  CONTRACT  WAS  LET  IN ACCORDANCE WITH
  COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH  THIS  SECTION
  AND  WITH  THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL
  ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING  BOARD  OF  THE
  POLITICAL  SUBDIVISION  OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE,
  UPON REVIEW OF ANY NECESSARY DOCUMENTATION  AND,  AS  APPROPRIATE,  UPON
  ADVICE  OF  ITS  COUNSEL, THAT THE REQUIREMENTS OF THIS SUBDIVISION HAVE
  BEEN MET, AND SHALL  CERTIFY,  BY  RESOLUTION,  THAT  SUCH  PURCHASE  IS
  PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL
  SUBDIVISION  OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B
  OF THIS ARTICLE. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL SUBDI-
  VISIONS AND DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL  NOT  RELIEVE
  ANY  OBLIGATION  OF  SUCH  POLITICAL  SUBDIVISION OR DISTRICT THEREIN TO
  COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISE
  PROGRAM MANDATES.
    S 2. This act shall take effect immediately.