Provides for the Information Technology Procurement Savings Act of 2012; provides local governments and school districts more contracting flexibility; and provides for purchasing services through the department of education.

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S2013A-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

S2013A-2011 Memo

BILL NUMBER:S2013A

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 2012;
provides local governments and school districts more contract
flexibility; and provides for purchasing services

PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC PROVISIONS:
Section 1 of the legislation cities this act as "the information
technology procurement savings act of 2012.

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

Section 3 of this 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 or school 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, town 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 government officials 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.

S2013A-2011 Text

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

                                   2013--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 14, 2011
                                 ___________

  Introduced  by Sens. STEWART-COUSINS, AVELLA, KLEIN, KRUEGER, OPPENHEIM-
    ER, STAVISKY -- read twice and ordered printed, and when printed to be
    committed to the Committee on Local Government -- recommitted  to  the
    Committee on Local Government in accordance with Senate Rule 6, sec. 8
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted to said committee

  AN ACT to amend the general municipal law  and  the  education  law,  in
    relation  to  the  information  technology  procurement savings act of
    2012; 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 2012".
    S  2.  Section 103 of the general municipal law is amended by adding a
  new subdivision 16 to read as follows:

    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
  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04073-02-2

 S. 2013--A                          2

  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.