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

                                  2503

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A. GRAF, McDONOUGH, KATZ, FRIEND, GOODELL, RAIA,
  MONTESANO, LUPINACCI, SALADINO, TENNEY,  DiPIETRO,  DUPREY,  LALOR  --
  Multi-Sponsored by -- M. of A.  BARCLAY, COLTON, HAWLEY, OAKS, SKARTA-
  DOS -- 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:

  Section 1. Section 103 of the general  municipal  law  is  amended  by
adding a new subdivision 17 to read as follows:
  17.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, A POLI-
TICAL SUBDIVISION,  WHEN  LETTING  CONTRACTS  IN  ACCORDANCE  WITH  THIS
SECTION  FOR  PURCHASE  CONTRACTS  INVOLVING  AN EXPENDITURE OVER TWENTY
THOUSAND DOLLARS MAY REJECT BIDS SOLICITED UNDER THIS  SECTION  AND  MAY
ALSO  REJECT  THE  STATE  CONTRACT  PRICE,  AS PROVIDED BY THE OFFICE OF
GENERAL SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY  RETAILER,
VENDOR  OR  WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT IS TEN
PERCENT LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT  PRICE.
SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
TROLLER  AND  MUST  INCLUDE THE SOLICITED BIDS, THE STATE CONTRACT PRICE
AND THE PROPOSED PURCHASE CONTRACT.
  S 2. Section 122 of the town law, as added by chapter 861 of the  laws
of  1953  and  as  renumbered  by  chapter  1049 of the laws of 1969, is
amended to read as follows:
  S 122. Advertising for bids; letting of contracts. 1.  Every  officer,
board  or  agency  of a town shall let all contracts for public work and
all purchase contracts to the lowest responsible bidder after advertise-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05566-01-5

              

A. 2503                             2

ment for bids where so required by section  one  hundred  three  of  the
general municipal law.
  2.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
BOARD OR AGENCY OF A TOWN WHEN LETTING CONTRACTS IN ACCORDANCE WITH THIS
SECTION FOR PURCHASE CONTRACTS  INVOLVING  AN  EXPENDITURE  OVER  TWENTY
THOUSAND  DOLLARS  MAY  REJECT ALL BIDS SOLICITED UNDER THIS SECTION AND
MAY ALSO REJECT THE STATE CONTRACT PRICE, AS PROVIDED BY THE  OFFICE  OF
GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
AND THE PROPOSED PURCHASE CONTRACT.
  S 3. Section 408-a of the county law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, EVERY OFFICER,
BOARD OR AGENCY OF A COUNTY WHEN LETTING CONTRACTS  IN  ACCORDANCE  WITH
THIS SECTION FOR PURCHASE CONTRACTS INVOLVING AN EXPENDITURE OVER TWENTY
THOUSAND  DOLLARS  MAY  REJECT BIDS SOLICITED UNDER THIS SECTION AND MAY
ALSO REJECT THE STATE CONTRACT PRICE,  AS  PROVIDED  BY  THE  OFFICE  OF
GENERAL  SERVICES, AND EXECUTE SUCH PURCHASE CONTRACT WITH ANY RETAILER,
VENDOR OR WHOLESALER;  PROVIDED  THAT  SUCH  PURCHASE  CONTRACT  IS  TEN
PERCENT  LOWER THAN THE LOWEST RESPONSIBLE BID AND STATE CONTRACT PRICE.
SUCH PURCHASE CONTRACT MUST BE SUBMITTED FOR APPROVAL TO THE STATE COMP-
TROLLER AND MUST INCLUDE THE SOLICITED BIDS, THE  STATE  CONTRACT  PRICE
AND THE PROPOSED PURCHASE CONTRACT.
  S 4. This act shall take effect immediately.