S T A T E   O F   N E W   Y O R K
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                                  6691

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M. of A. BRENNAN, BENJAMIN, COLTON, GREENE, PERRY, SCAR-
  BOROUGH, GLICK, JACOBS, MARKEY, ORTIZ, ROBINSON, ABBATE --  read  once
  and referred to the Committee on Education

AN  ACT  to  amend  the  education  law, in relation to the purchase and
  delivery of material goods, supplies and services by or to  the  chan-
  cellor of the city school district of the city of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 36 of section 2590-h of the education law,  as
amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
follows:
  36. [Develop a procurement policy for the city school district of  the
city  of  New  York  and  the districts and public schools therein. Such
policy shall ensure the wise and prudent use of public money in the best
interest of the taxpayers of the state; guard against favoritism, impro-
vidence, extravagance, fraud, and corruption; and ensure that  contracts
are  awarded consistent with law and on the basis of best value, includ-
ing, but not limited to, the following criteria: quality, cost and effi-
ciency. Such policy shall also include: (a) standards for quality, func-
tion,  and  utility  of  all  material  goods,  supplies,  and  services
purchased  by  the  chancellor,  superintendents,  or schools; (b) regu-
lations for the purchase of material goods, supplies,  and  services  by
the  chancellor, the superintendents, and the schools, including clearly
articulated procedures which require a clear statement of product  spec-
ifications, requirements or work to be performed, a documentable process
of  soliciting bids, proposals, or other offers, and a balanced and fair
method, established in advance of  receipt  of  offers,  for  evaluating
offers  and awarding contracts; (c) regulations which enable superinten-
dents and schools to purchase material  goods,  supplies,  and  services
directly  from  vendors or suppliers when such products are available at
prices or other terms more economically beneficial for the  purposes  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07589-01-9
              

A. 6691                             2

the  acquiring  superintendent  or  school;  and  (d)  regulations shall
include repair services and building supplies, as defined in such  regu-
lations, for expenditures from each district's minor repair and purchas-
ing funds pursuant to section twenty-five hundred ninety-r of this arti-
cle.] (A) ENSURE THAT ALL CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE
OR  DELIVERY OF MATERIAL GOODS, SUPPLIES AND SERVICES BY OR TO THE CHAN-
CELLOR, THE SUPERINTENDENTS OR THE SCHOOLS, INCLUDING ANY  FRANCHISE  OR
CONCESSION  AGREEMENTS,  REGARDLESS  OF THE SOURCE OF FUNDS, ARE ENTERED
INTO IN ACCORDANCE WITH THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN
OF THE NEW YORK CITY CHARTER AND THE RULES OF THE NEW YORK CITY PROCURE-
MENT POLICY BOARD AND OF THE NEW  YORK  CITY  FRANCHISE  CONCESSION  AND
REVIEW  COMMITTEE,  PROVIDED THAT WHERE SUCH LAW OR RULES REQUIRE ACTION
BY OR APPEAL TO THE MAYOR OR AN APPOINTEE OF THE MAYOR, OTHER  THAN  THE
CHANCELLOR, SUCH ACTION SHALL INSTEAD BE TAKEN BY THE CHANCELLOR OR SUCH
APPOINTEE  OF  THE CHANCELLOR AS THE CHANCELLOR MAY DELEGATE IN WRITING,
AND PROVIDED FURTHER, ANY CONTRACT AWARDED  WITHOUT  COMPETITION  OR  IN
EXCESS  OF  ONE MILLION DOLLARS SHALL BE SUBJECT TO THE VOTE OF THE FULL
BOARD OF EDUCATION UNLESS SUCH CONTRACT SHALL BE DEEMED AN EMERGENCY  AS
DEFINED IN SECTION THREE HUNDRED FIFTEEN OF THE NEW YORK CITY CHARTER OR
SHALL  BE  MADE IN ACCORDANCE WITH RULES OF THE PROCUREMENT POLICY BOARD
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED FOURTEEN OF THE  NEW  YORK
CITY  CHARTER.  NO SUCH CONTRACT OR AGREEMENT SHALL BE IMPLEMENTED UNTIL
IT HAS BEEN FILED AND REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS
FIVE AND THIRTEEN OF THE NEW YORK CITY CHARTER. FOR THE PURPOSES OF THIS
SUBDIVISION, THE TERMS  "CONTRACT"  OR  "AGREEMENT"  SHALL  INCLUDE  ANY
CONTRACT THAT DIRECTLY OR INDIRECTLY BENEFITS THE CITY DISTRICT, INCLUD-
ING  ANY  CONTRACT  OR OTHER INSTRUMENT IN WHICH THE CITY, CITY BOARD OR
ANY OF ITS OFFICERS AGREES TO GIVE OR RECEIVE A CONSIDERATION OTHER THAN
THE PAYMENT OF MONEY;
  (B) ESTABLISH STANDARDS FOR QUALITY,  FUNCTION,  AND  UTILITY  OF  ALL
MATERIAL  GOODS,  SUPPLIES,  AND  SERVICES  PURCHASED BY THE CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
  (C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES DIRECTLY FROM VENDORS OR
SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER TERMS MORE
ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING SUPERINTENDENT
OR SCHOOL. SUCH REGULATIONS  SHALL  ALSO  INCLUDE  REPAIR  SERVICES  AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH  DISTRICT'S  MINOR  REPAIR AND PURCHASING FUNDS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
  S 2. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision 36 of section 2590-h of the education law made by
section one of this act shall not affect the expiration of such subdivi-
sion and shall be deemed to expire therewith.