Amd S103, Gen Muni L; amd S122, Town L; amd S408-a, County L
Allows political subdivisions to enter into purchase contracts with retailers, vendors and wholesalers when such contracts are lower than the lowest responsible bidder and state contract price.
STATE OF NEW YORK
________________________________________________________________________
4825
2013-2014 Regular Sessions
IN ASSEMBLY
February 11, 2013
___________
Introduced by M. of A. GRAF, KATZ, FRIEND, GOODELL, TENNEY, RAIA, SALA-
DINO, MONTESANO, McDONOUGH -- Multi-Sponsored by -- M. of A. COLTON,
HAWLEY, SKARTADOS -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, the town law and the county
law, in relation to allowing political subdivisions to enter into
purchase contracts with retailers, vendors and wholesalers when such
contracts are lower than the lowest responsible bidder and state
contract price
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 103 of the general municipal law is amended by
2 adding a new subdivision 17 to read as follows:
3 17. Notwithstanding the foregoing provisions of this section, a poli-
4 tical subdivision, when letting contracts in accordance with this
5 section for purchase contracts involving an expenditure over twenty
6 thousand dollars may reject bids solicited under this section and may
7 also reject the state contract price, as provided by the office of
8 general services, and execute such purchase contract with any retailer,
9 vendor or wholesaler; provided that such purchase contract is ten
10 percent lower than the lowest responsible bid and state contract price.
11 Such purchase contract must be submitted for approval to the state comp-
12 troller and must include the solicited bids, the state contract price
13 and the proposed purchase contract.
14 § 2. Section 122 of the town law, as added by chapter 861 of the laws
15 of 1953 and as renumbered by chapter 1049 of the laws of 1969, is
16 amended to read as follows:
17 § 122. Advertising for bids; letting of contracts. 1. Every officer,
18 board or agency of a town shall let all contracts for public work and
19 all purchase contracts to the lowest responsible bidder after advertise-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08301-01-3
A. 4825 2
1 ment for bids where so required by section one hundred three of the
2 general municipal law.
3 2. Notwithstanding subdivision one of this section, every officer,
4 board or agency of a town when letting contracts in accordance with this
5 section for purchase contracts involving an expenditure over twenty
6 thousand dollars may reject all bids solicited under this section and
7 may also reject the state contract price, as provided by the office of
8 general services, and execute such purchase contract with any retailer,
9 vendor or wholesaler; provided that such purchase contract is ten
10 percent lower than the lowest responsible bid and state contract price.
11 Such purchase contract must be submitted for approval to the state comp-
12 troller and must include the solicited bids, the state contract price
13 and the proposed purchase contract.
14 § 3. Section 408-a of the county law is amended by adding a new subdi-
15 vision 3 to read as follows:
16 3. Notwithstanding subdivision one of this section, every officer,
17 board or agency of a county when letting contracts in accordance with
18 this section for purchase contracts involving an expenditure over twenty
19 thousand dollars may reject bids solicited under this section and may
20 also reject the state contract price, as provided by the office of
21 general services, and execute such purchase contract with any retailer,
22 vendor or wholesaler; provided that such purchase contract is ten
23 percent lower than the lowest responsible bid and state contract price.
24 Such purchase contract must be submitted for approval to the state comp-
25 troller and must include the solicited bids, the state contract price
26 and the proposed purchase contract.
27 § 4. This act shall take effect immediately.
