STATE OF NEW YORK
________________________________________________________________________
6190--A
2009-2010 Regular Sessions
IN SENATE
September 25, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- 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, in relation to allowing
certain shared purchasing contracts among political subdivisions
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 three new subdivisions 1-b, 1-c and 13 to read as follows:
3 1-b. When the officer, board or agency of any political subdivision or
4 of any district therein charged with the awarding of contracts under
5 this section determines that it is in the best interest of the political
6 subdivision or district therein, such officer, board or agency may award
7 contracts for services on the basis of best value as defined in section
8 one hundred sixty-three of the state finance law to responsive and
9 responsible offerers. Notwithstanding any other provision of this
10 section, a contract for services may be awarded on the basis of best
11 value provided that the contracting process and award shall comply with
12 the guidelines established under section one hundred sixty-three of the
13 state finance law by the state procurement council. Any procurement made
14 under this subdivision shall be approved by the governing body of the
15 purchasing political subdivision or district therein.
16 1-c. A political subdivision or any district therein shall have the
17 option of purchasing information technology and telecommunications hard-
18 ware, software and professional services through cooperative purchasing
19 permissible pursuant to federal general services administration informa-
20 tion technology schedule seventy or any successor schedule. A political
21 subdivision or any district therein that purchases through general
22 services administration schedule seventy, information technology and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03548-04-0
S. 6190--A 2
1 consolidated schedule contracts shall comply with federal schedule
2 ordering procedures as provided in federal acquisition regulation
3 8.405-1 or 8.405-2 or successor regulations, whichever is applicable.
4 Adherence to such procedures shall constitute compliance with the
5 competitive bidding requirements under this section.
6 13. Notwithstanding the provisions of subdivision one of this section
7 and in addition to the provisions of subdivision three of this section
8 and section one hundred four of this article, any officer, board or
9 agency of a political subdivision or of any district therein authorized
10 to make purchases of materials, equipment and supplies may make such
11 purchases as may be required by such political subdivision or any
12 district therein through the use of a contract let by any other state or
13 political subdivision if such contract was let in accordance with
14 competitive bidding requirements that are consistent with this section
15 and with the intent of extending its use to certain other governmental
16 entities. Prior to making such a purchase, the governing board of the
17 political subdivision or district making the purchase shall determine,
18 upon review of any necessary documentation and, as appropriate, upon
19 advice of its counsel, that the requirements of this subdivision have
20 been met, and shall certify, by resolution, that such purchase is
21 permitted under the procurement policies and procedures of the political
22 subdivision or district, adopted pursuant to section one hundred four-b
23 of this article. Furthermore, the authority provided to political subdi-
24 visions and districts therein under this subdivision shall not relieve
25 any obligation of such political subdivision or district therein to
26 comply with any applicable minority and women-owned business enterprise
27 program mandates.
28 § 2. This act shall take effect immediately.
