Authorizes municipalities and districts thereof to contract for goods and services jointly with the state or other municipalities.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley
TITLE OF BILL: An act to amend the general municipal law, in relation to providing local governments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions; and providing for the repeal of such provisions upon the expiration thereof
PURPOSE: Authorizes municipalities and districts thereof to contract for goods and services jointly with federal and any state or other municipality.
SUMMARY OF PROVISIONS: Section 1 amends section 103 of the general municipal law by adding a new subdivision 16 to authorize any officer, board or agency of a county, political subdivision or any district therein authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services, may make such purchase, or may contract for such services, as may be required by such contract let by the United States of America or any agency thereof, any state or other county or political subdivision if such contract was let in a manner that constitutes competitive bidding consistent with state law and made available for use by other government entities.
Section 2 contains the effective date and provisions for repeal five years after such date.
JUSTIFICATION: Cooperative purchasing, also commonly referred to as piggy-backing, is a procurement method whereby if a government agency has already gone through the procurement process and awarded a contract to one or more venders for a particular product or service, the contract can be utilized by other government agencies on the same terms and conditions. Piggy-backing has been proven to reduce administrative and product cost, increase efficiencies and stretch shrinking budgets during difficult times.
Forty-eight states have either explicitly authorized cooperative purchasing or they have enacted a general joint powers statute or intergovernmental cooperation law that permits local public agencies to purchase from cooperative contracts that were solicited by another public agency. New York does not have statutory language in place that authorizes cooperative purchasing between New York's local governments and the federal, state or local governments elsewhere in the United States. This bill would amend the General Municipal Law to allow for such cooperative purchasing.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately, and shall expire and be deemed repealed five years after such date.
STATE OF NEW YORK ________________________________________________________________________ 5525--C Cal. No. 91 2011-2012 Regular Sessions IN SENATE May 31, 2011 ___________Introduced by Sens. LITTLE, CARLUCCI, MARTINS, OPPENHEIMER, RITCHIE, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and deliv- ered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general municipal law, in relation to providing local governments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions; and providing for the repeal of such provisions upon the expiration there- of 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 16 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 LETEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11416-08-2 S. 5525--C 2
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 IN A MANNER THAT CONSTITUTES COMPETITIVE BIDDING CONSISTENT WITH STATE LAW AND MADE AVAILABLE FOR USE BY OTHER GOVERN- MENTAL ENTITIES. 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 ENTERPRISE PROGRAM MANDATES AND THE PREFERRED SOURCE REQUIREMENTS OF SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW. S 2. This act shall take effect immediately, and shall expire and be deemed repealed five years after such date.