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

                                  4825

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by M. of A. GRAF, KATZ, FRIEND, GOODELL, TENNEY, RAIA, SALA-
  DINO, MONTESANO, McDONOUGH -- Multi-Sponsored by -- M. of  A.  COLTON,
  HAWLEY,  SKARTADOS -- 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.
                                                           LBD08301-01-3

              

A. 4825                             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.