S2013-2011 Actions

• Feb 29, 2012: PRINT NUMBER 2013A
• Feb 29, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 14, 2011: REFERRED TO LOCAL GOVERNMENT

S2013-2011 Memo

BILL NUMBER:S2013

TITLE OF BILL:
An act
to amend the general municipal law and the education law, in relation
to the information technology procurement savings act of 2011;
provides local governments and school districts more contract
flexibility; and provides for purchasing services

PURPOSE:
This legislation aims to provide local governments and school districts
with greater contract flexibility with regard to purchasing
information technology and telecommunications equipment and services.

SUMMARY OF PROVISIONS:
Section 1 of the legislation cites this act as "the information
technology procurement savings act of 2010"

Section 2 of the bill amends Section 103 of the general municipal law
by adding two new subdivisions 1-b and 16 to allow a political
subdivision or any district the option of purchasing information
technology and telecommunications hardware, software, and
professional services through cooperative purchasing.

Section 3 of the bill amends the general municipal law by adding a
new section 109-c to allow any officer, board or agency of a village,
town or county to make purchases through any local school or BOCES
district.

Section 4 of the bill amends the education law by adding a new article
25 to authorize any local school or board of cooperative educational
services district to enter into agreements to share procurement
contracts for telecommunications and information technology services
offered by the department with any officer, board or agency of a
village, tow or county.

Section 5 of the bill sets an immediate the effective date, and shall
apply to procurement contracts entered into on or after such
effective date.

JUSTIFICATION:
This legislation will provide fiscal relief and increased operational
flexibility for local governments and school districts by allowing
for the purchasing of information technology and telecommunication
products and services through cooperative purchasing through certain
contracts let by other local governments and school districts.

LEGISLATIVE HISTORY:
2009/2010 - S.5600B - Passed Senate

FISCAL IMPLICATIONS:
None to the state. Savings will be realized by
localities and school districts.

EFFECTIVE DATE:


This act shall take effect immediately and shall apply to procurement
contracts entered into on or after such effective date.

S2013-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2013
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sens.  STEWART-COUSINS,  AVELLA, KLEIN -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Local Government
 AN  ACT  to  amend  the  general municipal law and the education law, in
 relation to the information  technology  procurement  savings  act  of
 2011;  provides  local  governments and school districts more contract
 flexibility; and provides for purchasing services
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This act shall be known and may be cited as "the informa
 tion technology procurement savings act of 2011".
 

S 2.

Section 103 of the general municipal law is amended by adding two
 new subdivisions 1-b and 16 to read as follows:

 1-B. 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, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCEDURE
 SHALL  CONSTITUTE  COMPLIANCE  WITH THE COMPETITIVE BIDDING REQUIREMENTS
 UNDER THIS SECTION.
 16. 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04073-01-1
 
       S. 2013                             2
 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.
 

S 3. The general municipal law is amended  by  adding  a  new  section
 109-c to read as follows:

 

S  109-C.  PURCHASE  OF  SERVICES.   NOTWITHSTANDING THE PROVISIONS OF
 SECTION ONE HUNDRED THREE OF THIS ARTICLE OR ANY OTHER GENERAL,  SPECIAL
 OR  LOCAL LAW, ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY
 IS AUTHORIZED TO MAKE PURCHASES THROUGH THE LOCAL  SCHOOL  OR  BOARD  OF
 COOPERATIVE  EDUCATIONAL SERVICES (BOCES) DISTRICT SUBJECT TO SUCH RULES
 AND REGULATIONS AS MAY BE ESTABLISHED FROM  TIME  TO  TIME  PURSUANT  TO
 SECTION  ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR THROUGH THE
 GENERAL SERVICES ADMINISTRATION PURSUANT TO SECTION 1555 OF THE  FEDERAL
 ACQUISITION  STREAMLINING ACT OF 1994. ALL PURCHASES SHALL BE SUBJECT TO
 AUDIT AND INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO  OFFICER,  BOARD
 OR  AGENCY  OF  A  VILLAGE, TOWN OR COUNTY SHALL MAKE A PURCHASE THROUGH
 SUCH SCHOOL OR BOCES DISTRICT WHEN BIDS  HAVE  BEEN  RECEIVED  FOR  SUCH
 PURCHASE  BY  SUCH OFFICER, BOARD OR AGENCY, UNLESS SUCH PURCHASE MAY BE
 MADE UPON THE SAME TERMS, CONDITIONS AND SPECIFICATIONS AT A LOWER PRICE
 THROUGH SUCH SCHOOL OR BOCES DISTRICT.
 

S 4. The education law is amended by adding a new article 25  to  read
 as follows:

 ARTICLE 25
 SHARED CONTRACTS
 SECTION 1210. SHARED   TELECOMMUNICATIONS   AND  INFORMATION  TECHNOLOGY
 SERVICES.
 

S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
 NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO
 THE  CONTRARY,  ANY  LOCAL  SCHOOL  OR  BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES DISTRICT SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO  SHARE
 PROCUREMENT  CONTRACTS FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
 SERVICES, AS REFERENCED IN SCHOOL DISTRICT CAPITAL EQUIPMENT AS  DEFINED
 IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE
 PUBLIC  AUTHORITIES  LAW,  OFFERED  BY  THE DEPARTMENT WITH ANY OFFICER,
 BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY.
 

S 5. This act shall  take  effect  immediately,  and  shall  apply  to
 procurement contracts entered into on or after such effective date.

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