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

                                 5119--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on  Local  Governments  --  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 the
  purchase of apparatus, materials, equipment and supplies  and  related
  services  through the use of certain contracts let by other government
  entities, and authorizing the use of certain federal contracts  as  an
  exception to certain bidding requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 103 of the general municipal law,
as added by chapter 308 of the laws of  2012,  is  amended  to  read  as
follows:
  16.  Notwithstanding the provisions of subdivisions one, two and three
of this section, and section one hundred four of this article, any offi-
cer, board or agency of a [county,]  political  subdivision  or  of  any
district  therein  authorized to make purchases of apparatus, materials,
equipment or supplies, or  to  contract  for  services  related  to  the
installation,  maintenance or repair of apparatus, materials, equipment,
and supplies, may make such purchases, or may contract for such services
related to the installation, maintenance or repair of apparatus, materi-
als, equipment, and supplies, as may be required by such [county,] poli-
tical subdivision or district therein through the use of a contract  let
by  the United States of America or any agency thereof, any state or any
other [county or] political subdivision  or  district  therein  if  such
contract  was  let  TO  THE LOWEST RESPONSIBLE BIDDER OR ON THE BASIS OF
BEST VALUE in a manner [that constitutes competitive bidding] consistent
with [state law] THIS SECTION  and  made  available  for  use  by  other
governmental  entities; PROVIDED, HOWEVER, THAT NO POLITICAL SUBDIVISION
OR DISTRICT THEREIN, OTHER THAN A CITY WITH A POPULATION OF ONE  MILLION
OR  MORE  INHABITANTS OR ANY DISTRICT, BOARD OR AGENCY WITH JURISDICTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08874-03-3
              

A. 5119--A                          2

EXCLUSIVELY THEREIN, MAY  MAKE  SUCH  PURCHASES  OR  CONTRACT  FOR  SUCH
SERVICES  THROUGH  THE  USE  OF SUCH A CONTRACT LET ON THE BASIS OF BEST
VALUE IN A MANNER CONSISTENT WITH  THIS  SECTION  UNLESS  THE  POLITICAL
SUBDIVISION  OR DISTRICT SHALL FIRST ADOPT A LOCAL LAW, RULE, REGULATION
OR RESOLUTION, AS THE CASE MAY BE, PURSUANT TO SUBDIVISION ONE  OF  THIS
SECTION,  AUTHORIZING  THE  USE  OF  BEST  VALUE  FOR  AWARDING PURCHASE
CONTRACTS.
  The authority  provided  to  [counties,]  political  subdivisions  and
districts  therein  pursuant  to  this subdivision shall not relieve any
obligation of such [county,] political subdivision or  district  therein
to  comply  with any applicable minority and women-owned business enter-
prise program mandates and the preferred source requirements of  section
one hundred sixty-two of the state finance law.
  S  2.  Subdivision  2  of section 104 of the general municipal law, as
added by section 7 of subpart A of part C of chapter 97 of the  laws  of
2011, is amended to read as follows:
  2. Notwithstanding the provisions of section one hundred three of this
article  or  of  any  other  general, special or local law, any officer,
board or agency of a political subdivision, or of  a  district  therein,
may  make  purchases  from federal general service administration supply
schedules pursuant to section 211 of the  federal  e-government  act  of
2002,  P.L.  107-347  AND  THE  LOCAL PREPAREDNESS ACQUISITION ACT, P.L.
110-248, and pursuant to section 1122 of the national  defense  authori-
zation  act  for  fiscal  year 1994, P.L. 103-160 AND SECTION 833 OF THE
JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT  FOR  FISCAL  YEAR  2007,
P.L.  109-364,  AND  THE FEDERAL SUPPLY SCHEDULE USAGE ACT OF 2010, P.L.
111-263, or any  successor  schedules,  in  accordance  with  procedures
established [pursuant thereto] IN CONNECTION THEREWITH.  Prior to making
such  purchases the officer, board or agency shall consider whether such
purchases will result in  cost  savings  after  all  factors,  including
charges for service, material, and delivery, have been considered.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 16 of section 103 of the general municipal
law made by section one of this act shall not affect the repeal of  such
subdivision  and  shall  be  deemed  repealed  therewith;  and  provided
further, however, that the amendments to subdivision 2 of section 104 of
the general municipal law made by section two  of  this  act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith.