NY State Senate Bill 2023-S7119A

Current Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
May 31, 2023	print number 7119a
May 31, 2023	amend and recommit to procurement and contracts
May 18, 2023	referred to procurement and contracts

Bill Amendments

Original

A (Active)

2023-S7119 - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L

2023-S7119 - Summary

Relates to the purchase of apparatus, materials, equipment and supplies; excludes contracts for services related to the installation, maintenance or repair of apparatus, materials, equipment and supplies from such purchasing authority.

2023-S7119 - Sponsor Memo

                                 
BILL NUMBER: S7119

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the purchase
of apparatus, materials, equipment or supplies

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prohibit the use of piggyback contracting
for construction services.

 
SUMMARY OF PROVISIONS:

Amend section 103(16) of the general municipal law to scale back the
scope of services which may be utilized through such procurement method.

 
JUSTIFICATION:

Localities must comply with New York State General Municipal Law (GML)

Section 103 that generally requires them to competitively bid purchase
contracts above $20,000 and public work contracts above $35,000. Howev-
er, GML sets forth certain exceptions to the competitive bidding
requirements. One exception, often referred to as piggybacking, allows
for the procurement of certain goods and services through the use of
other governmental contracts.  For the exception to apply, certain
prerequisites must be met, including the contract must have been let to
the lowest responsible bidder or on the basis of best value as defined
in Section 163 of the New York State Finance Law.

This exception allows the locality or school district to benefit from
the competitive process already undertaken by other local governments.
However, many school districts have abused this by procuring certain
materials and goods, then including certain construction services
involved with any installation and repair. In many cases, these
contracts can be worth multimillion dollars which was not the original
intent of including the piggybacking exception.  By amending § 103 (16),
New York will better ensure that competitive bid laws are followed,
which provides transparency and accountability to the public.

New Bill, no fiscal to State and effective immediately.

2023-S7119 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7119
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the general municipal law, in relation to  the  purchase
   of apparatus, materials, equipment or supplies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 103 of the general municipal law,
 as amended by chapter 497 of the laws of 2013, is  amended  to  read  as
 follows:
   16.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, and section one hundred four of this article, any offi-
 cer, board or agency of a political subdivision or of any district ther-
 ein authorized to make purchases of apparatus, materials,  equipment  or
 supplies[,  or  to  contract  for  services related to the installation,
 maintenance or repair of apparatus, materials, equipment, and supplies,]
 may make such purchases, [or may contract for such services  related  to
 the  installation, maintenance or repair of apparatus, materials, equip-
 ment, and supplies,] as may be required by such political subdivision or
 district therein through the use of a contract let by the United  States
 of  America  or  any  agency  thereof,  any state or any other political
 subdivision or district therein if such contract was let to  the  lowest
 responsible  bidder or on the basis of best value in a manner consistent
 with this section and made available for use by other governmental enti-
 ties; provided, however, that no political subdivision or district ther-
 ein, other than a city with a population of one million or more inhabit-
 ants or any district, board  or  agency  with  jurisdiction  exclusively
 therein,  may  make such purchases or contract for such services through
 the use of such a contract let on the basis of best value  in  a  manner
 consistent  with  this  section  unless  the  political  subdivision  or
 district shall first adopt a local law, rule, regulation or  resolution,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11491-01-3
 S. 7119                             2

 
 as the case may be, pursuant to subdivision one of this section, author-
 izing the use of best value for awarding purchase contracts.
   The authority provided to political subdivisions and districts therein
 pursuant  to  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 and the
 preferred source requirements of section one hundred  sixty-two  of  the
 state finance law.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 16 of section 103 of the general municipal
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.

co-Sponsors

2023-S7119A (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L

2023-S7119A (ACTIVE) - Summary

2023-S7119A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7119A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to the purchase
of apparatus, materials, equipment or supplies

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prohibit the use of piggyback contracting
for construction services.

 
SUMMARY OF PROVISIONS:

Amend section 103(16) of the general municipal law to scale back the
scope of services which may be utilized through such procurement method.

 
JUSTIFICATION:

Localities must comply with New York State General Municipal Law (GML)

Section 103 that generally requires them to competitively bid purchase
contracts above $20,000 and public work contracts above $35,000. Howev-
er, GML sets forth certain exceptions to the competitive bidding
requirements. One exception, often referred to as piggybacking, allows
for the procurement of certain goods and services through the use of
other governmental contracts. For the exception to apply, certain
prerequisites must be met, including the contract must have been let to
the lowest responsible bidder or on the basis of best value as defined
in Section 163 of the New York State Finance Law.

This exception allows the locality or school district to benefit from
the competitive process already undertaken by other local governments.
However, many school districts have abused this by procuring certain
materials and goods, then including certain construction services
involved with any installation and repair. In many cases, these
contracts can be worth multimillion dollars which was not the original
intent of including the piggybacking exception.  By amending § 103 (16),
New York will better ensurelhat competitive bid laws are followed, which
provides transparency and accountability to the public.

New Bill, no fiscal to State and effective immediately.

2023-S7119A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7119--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to  the  purchase
   of apparatus, materials, equipment or supplies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 103 of the general municipal law,
 as amended by chapter 497 of the laws of 2013, is  amended  to  read  as
 follows:
   16.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, and section one hundred four of this article, any offi-
 cer, board or agency of a political subdivision or of any district ther-
 ein authorized to make purchases of apparatus, materials,  equipment  or
 supplies[,  or  to  contract  for  services related to the installation,
 maintenance or repair of apparatus, materials, equipment, and supplies,]
 may make such purchases, [or may contract for such services  related  to
 the  installation, maintenance or repair of apparatus, materials, equip-
 ment, and supplies,] as may be required by such political subdivision or
 district therein through the use of a contract let by the United  States
 of  America  or  any  agency  thereof,  any state or any other political
 subdivision or district therein if such contract was let to  the  lowest
 responsible  bidder or on the basis of best value in a manner consistent
 with this section and made available for use by other governmental enti-
 ties; provided, however, that no political subdivision or district ther-
 ein, other than a city with a population of one million or more inhabit-
 ants or any district, board  or  agency  with  jurisdiction  exclusively
 therein, may make such purchases [or contract for such services] through
 the  use  of  such a contract let on the basis of best value in a manner
 consistent  with  this  section  unless  the  political  subdivision  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11491-02-3

 S. 7119--A                          2
 
 district  shall first adopt a local law, rule, regulation or resolution,
 as the case may be, pursuant to subdivision one of this section, author-
 izing the use of best value for awarding purchase contracts.
   The authority provided to political subdivisions and districts therein
 pursuant  to  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 and the
 preferred source requirements of section one hundred  sixty-two  of  the
 state finance law.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 16 of section 103 of the general municipal
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.

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Senate Bill S7119A

Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts Committee

Bill Amendments

2023-S7119 - Details

2023-S7119 - Summary

2023-S7119 - Sponsor Memo

2023-S7119 - Bill Text download pdf

co-Sponsors

2023-S7119A (ACTIVE) - Details

2023-S7119A (ACTIVE) - Summary

2023-S7119A (ACTIVE) - Sponsor Memo

2023-S7119A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7119A

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Sponsored By

Jessica Ramos

Current Bill Status - In Senate Committee Procurement And Contracts Committee

Bill Amendments

2023-S7119 - Details

2023-S7119 - Summary

2023-S7119 - Sponsor Memo

2023-S7119 - Bill Text download pdf

co-Sponsors

Lea Webb

2023-S7119A (ACTIVE) - Details

2023-S7119A (ACTIVE) - Summary

2023-S7119A (ACTIVE) - Sponsor Memo

2023-S7119A (ACTIVE) - Bill Text download pdf

Comments