S T A T E   O F   N E W   Y O R K
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                                 8534--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 13, 2011
                               ___________

Introduced  by  M. of A. GALEF, SAYWARD -- read once and referred to the
  Committee on Local Governments --  recommitted  to  the  Committee  on
  Local  Governments  in  accordance  with  Assembly  Rule  3, sec. 2 --
  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:

  Section  1.  Section  103  of  the general municipal law is amended by
adding three new subdivisions 1-c, 1-d and 14 to read as follows:
  1-C. WHEN THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION OR
OF ANY DISTRICT THEREIN CHARGED WITH THE  AWARDING  OF  CONTRACTS  UNDER
THIS SECTION DETERMINES THAT IT IS IN THE BEST INTEREST OF THE POLITICAL
SUBDIVISION OR DISTRICT THEREIN, SUCH OFFICER, BOARD OR AGENCY MAY AWARD
CONTRACTS  FOR SERVICES ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION
ONE HUNDRED SIXTY-THREE OF THE  STATE  FINANCE  LAW  TO  RESPONSIVE  AND
RESPONSIBLE  OFFERERS.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS
SECTION, A CONTRACT FOR SERVICES MAY BE AWARDED ON  THE  BASIS  OF  BEST
VALUE  PROVIDED THAT THE CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH
THE GUIDELINES ESTABLISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF  THE
STATE FINANCE LAW BY THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE
UNDER  THIS  SUBDIVISION  SHALL BE APPROVED BY THE GOVERNING BODY OF THE
PURCHASING POLITICAL SUBDIVISION OR DISTRICT THEREIN.
  1-D. A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN  SHALL  HAVE  THE
OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
WARE,  SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE PURCHASING
PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
TION TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A  POLITICAL
SUBDIVISION  OR  ANY  DISTRICT  THEREIN  THAT  PURCHASES THROUGH GENERAL
SERVICES ADMINISTRATION SCHEDULE  SEVENTY,  INFORMATION  TECHNOLOGY  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01688-03-2
              

A. 8534--A                          2

CONSOLIDATED  SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1  OR  8.405-2  OR SUCCESSOR REGULATIONS, WHICHEVER IS APPLICABLE.
ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
  14. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
AND  IN  ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
AND SECTION ONE HUNDRED FOUR OF THIS  ARTICLE,  ANY  OFFICER,  BOARD  OR
AGENCY  OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
TO MAKE PURCHASES OF MATERIALS, EQUIPMENT AND  SUPPLIES  MAY  MAKE  SUCH
PURCHASES  AS  MAY  BE  REQUIRED  BY  SUCH  POLITICAL SUBDIVISION OR ANY
DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
POLITICAL SUBDIVISION IF  SUCH  CONTRACT  WAS  LET  IN  ACCORDANCE  WITH
COMPETITIVE  BIDDING  REQUIREMENTS THAT ARE CONSISTENT WITH THIS SECTION
AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN  OTHER  GOVERNMENTAL
ENTITIES.  PRIOR  TO  MAKING SUCH A PURCHASE, THE GOVERNING BOARD OF THE
POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE  SHALL  DETERMINE,
UPON  REVIEW  OF  ANY  NECESSARY DOCUMENTATION AND, AS APPROPRIATE, UPON
ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF  THIS  SUBDIVISION  HAVE
BEEN  MET,  AND  SHALL  CERTIFY,  BY  RESOLUTION,  THAT SUCH PURCHASE IS
PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL
SUBDIVISION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED  FOUR-B
OF THIS ARTICLE. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL SUBDI-
VISIONS  AND  DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL NOT RELIEVE
ANY OBLIGATION OF SUCH POLITICAL  SUBDIVISION  OR  DISTRICT  THEREIN  TO
COMPLY  WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
PROGRAM MANDATES.
  S 2. This act shall take effect immediately.