Add SS100-b & 103-g, amd SS104-b & 103, Gen Muni L
Enacts the local government procurement reform act of 2009; mandates continuing education and training for each local government employee with purchasing and procurement responsibility; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
7114
2009-2010 Regular Sessions
IN ASSEMBLY
March 20, 2009
___________
Introduced by M. of A. McDONOUGH, FINCH, TOWNSEND -- Multi-Sponsored by
-- M. of A. BURLING -- read once and referred to the Committee on
Local Governments
AN ACT to amend the general municipal law, in relation to establishing
the local government procurement reform act of 2009
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "local
2 government procurement reform act of 2009".
3 § 2. The general municipal law is amended by adding a new section
4 100-b to read as follows:
5 § 100-b. Continuing education and training. 1. Each local government
6 employee with purchasing or procurement responsibility shall be required
7 to attend a minimum of twenty-four hours of continuing education every
8 two years.
9 2. As used in this section, "acceptable formal continuing education"
10 shall mean programs of learning which are sponsored or presented by a
11 national purchasing professional organization or higher educational
12 institution, and which meet the following criteria: contain subject
13 matter which contributes to the enhancement of professional purchasing
14 skills and is approved as acceptable continuing education by the
15 universal public purchasing certification council.
16 3. Local governments shall certify in their local procurement policy
17 as required by section one hundred four-b of this article as to having
18 satisfied the mandatory continuing education requirements of this
19 section, shall maintain adequate documentation of completion of accepta-
20 ble formal continuing education and shall provide such documentation to
21 the office of the state comptroller upon request in course of the comp-
22 troller's audits of local government.
23 § 3. Subdivision 2 of section 104-b of the general municipal law is
24 amended by adding a new paragraph h to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10539-01-9
A. 7114 2
1 h. provide the name and title of the individual or individuals respon-
2 sible for ensuring compliance with the requirements of this article.
3 § 4. Subdivision 1 of section 103 of the general municipal law, as
4 amended by chapter 741 of the laws of 2005, is amended to read as
5 follows:
6 1. Except as otherwise expressly provided by an act of the legislature
7 or by a local law adopted prior to September first, nineteen hundred
8 fifty-three, all contracts for public work involving an expenditure of
9 more than [twenty] fifty thousand dollars and all purchase contracts
10 involving an expenditure of more than [ten] twenty-five thousand
11 dollars, shall be awarded by the appropriate officer, board or agency of
12 a political subdivision or of any district therein including but not
13 limited to a soil conservation district, to the lowest responsible
14 bidder furnishing the required security after advertisement for sealed
15 bids in the manner provided by this section. In any case where a respon-
16 sible bidder's gross price is reducible by an allowance for the value of
17 used machinery, equipment, apparatus or tools to be traded in by a poli-
18 tical subdivision, the gross price shall be reduced by the amount of
19 such allowance, for the purpose of determining the low bid. In cases
20 where two or more responsible bidders furnishing the required security
21 submit identical bids as to price, such officer, board or agency may
22 award the contract to any of such bidders. Such officer, board or agency
23 may, in his or its discretion, reject all bids and readvertise for new
24 bids in the manner provided by this section. For purposes of this
25 section, "sealed bids", as that term applies to purchase contracts,
26 shall include bids submitted in an electronic format, provided that the
27 governing board of the political subdivision or district, by resolution,
28 has authorized the receipt of bids in such format. Submission in elec-
29 tronic format may not, however, be required as the sole method for the
30 submission of bids. Bids submitted in an electronic format shall be
31 transmitted by bidders to the receiving device designated by the poli-
32 tical subdivision or district. Any method used to receive electronic
33 bids shall comply with article three of the state technology law, and
34 any rules and regulations promulgated and guidelines developed there-
35 under and, at a minimum, must (a) document the time and date of receipt
36 of each bid received electronically; (b) authenticate the identity of
37 the sender; (c) ensure the security of the information transmitted; and
38 (d) ensure the confidentiality of the bid until the time and date estab-
39 lished for the opening of bids. The timely submission of an electronic
40 bid in compliance with instructions provided for such submission in the
41 advertisement for bids and/or the specifications shall be the responsi-
42 bility solely of each bidder or prospective bidder. No political subdi-
43 vision or district therein shall incur any liability from delays of or
44 interruptions in the receiving device designated for the submission and
45 receipt of electronic bids.
46 § 5. Subdivision 1 of section 103 of the general municipal law, as
47 amended by chapter 413 of the laws of 1991, is amended to read as
48 follows:
49 1. Except as otherwise expressly provided by an act of the legislature
50 or by a local law adopted prior to September first, nineteen hundred
51 fifty-three, all contracts for public work involving an expenditure of
52 more than [twenty] fifty thousand dollars and all purchase contracts
53 involving an expenditure of more than [ten] twenty-five thousand
54 dollars, shall be awarded by the appropriate officer, board or agency of
55 a political subdivision or of any district therein including but not
56 limited to a soil conservation district, to the lowest responsible
A. 7114 3
1 bidder furnishing the required security after advertisement for sealed
2 bids in the manner provided by this section. In any case where a respon-
3 sible bidder's gross price is reducible by an allowance for the value of
4 used machinery, equipment, apparatus or tools to be traded in by a poli-
5 tical subdivision, the gross price shall be reduced by the amount of
6 such allowance, for the purpose of determining the low bid. In cases
7 where two or more responsible bidders furnishing the required security
8 submit identical bids as to price, such officer, board or agency may
9 award the contract to any of such bidders. Such officer, board or agency
10 may, in his or its discretion, reject all bids and readvertise for new
11 bids in the manner provided by this section.
12 § 6. The general municipal law is amended by adding a new section
13 103-g to read as follows:
14 § 103-g. Purchasing through other cooperatives. Notwithstanding the
15 provisions of section one hundred three of this article or of any other
16 general, special or local law, any officer, board or agency of a poli-
17 tical subdivision, of a district therein, of a fire company or of a
18 voluntary ambulance service authorized to make purchases of materials,
19 equipment, food products, or supplies, or services, may make such
20 purchases through any of the following:
21 1. General Services Administration Schedule 70 contracts and such
22 other General Services Administration Schedules that the federal govern-
23 ment may authorize for local government use;
24 2. U.S. Communities Government Purchasing Alliance contracts; or
25 3. Western States Contracting Alliance contracts.
26 Prior to making such purchases or contracts the officer, board or
27 agency shall consider whether such contracts will result in cost savings
28 after all factors, including charges for service, material, and delivery
29 have been considered.
30 § 7. This act shall take effect on the sixtieth day after it shall
31 have become a law; provided that the amendments to subdivision 1 of
32 section 103 of the general municipal law made by section four of this
33 act shall be subject to the expiration and reversion of such subdivision
34 pursuant to subdivision (a) of section 41 of part X of chapter 62 of the
35 laws of 2003, as amended, when upon such date the provisions of section
36 five of this act shall take effect.
