Bill S2013A-2011

Provides for the information technology procurement savings act of 2012; provides local governments and school districts more contracting flexibility

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.

Details

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2013--A 2011-2012 Regular Sessions IN 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
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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