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This entry was published on 2024-09-20
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SECTION 104
Purchase through office of general services; purchases from other public contracts; certain federal contracts
General Municipal (GMU) CHAPTER 24, ARTICLE 5-A
* § 104. Purchase through office of general services; purchases from
other public contracts; certain federal contracts. 1. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service authorized to make purchases of commodities,
materials, equipment, technology, food products, supplies or services
available pursuant to section one hundred sixty-three of the state
finance law, may make such purchases through the office of general
services or any other department or agency of the state subject to rules
promulgated pursuant to article eleven of the state finance law;
provided that any such purchase shall exceed five hundred dollars and
that the political subdivision, district, fire company or voluntary
ambulance service for which such officer, board or agency acts shall
accept sole responsibility for any payment due the vendor. All purchases
shall be subject to audit and inspection by the political subdivision,
district, fire company or voluntary ambulance service for which made. No
officer, board or agency of a political subdivision, or a district
therein, of a fire company or of a voluntary ambulance service shall
make any purchase through such public entity when bids have been
received for such purchase by such officer, board or agency, unless such
purchase may be made upon the same terms, conditions and specifications
at a lower price through such office. Two or more fire companies or
voluntary ambulance services may join in making purchases pursuant to
this section, and for the purposes of this section such groups shall be
deemed "fire companies or voluntary ambulance services."

2. Notwithstanding the provisions of section one hundred three of this
article or of any other general, special or local law, any officer,
board or agency of a political subdivision, or of a district therein,
may make purchases from federal general service administration supply
schedules pursuant to section 211 of the federal e-government act of
2002, P.L. 107-347 and the local preparedness acquisition act, P.L.
110-248, and pursuant to section 1122 of the national defense
authorization act for fiscal year 1994, P.L. 103-160 and section 833 of
the John Warner national defense authorization act for fiscal year 2007,
P.L. 109-364, and the federal supply schedule usage act of 2010, P.L.
111-263, or any successor schedules, in accordance with procedures
established in connection therewith. Prior to making such purchases the
officer, board or agency shall consider whether such purchases will
result in cost savings after all factors, including charges for service,
material, and delivery, have been considered.

* NB Effective until July 31, 2029

* § 104. Purchase through office of general services. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service is authorized to make purchases of
commodities and services available pursuant to section one hundred
sixty-three of the state finance law, may make such purchases through
the office of general services subject to such rules as may be
established from time to time pursuant to section one hundred
sixty-three of the state finance law or through the general services
administration pursuant to section 1555 of the federal acquisition
streamlining act of 1994, P.L. 103-355; provided that any such purchase
shall exceed five hundred dollars and that the political subdivision,
district, fire company or voluntary ambulance service for which such
officer, board or agency acts shall accept sole responsibility for any
payment due the vendor. All purchases shall be subject to audit and
inspection by the political subdivision, district, fire company or
voluntary ambulance service for which made. No officer, board or agency
of a political subdivision, or a district therein, of a fire company or
of a voluntary ambulance service shall make any purchase through such
office when bids have been received for such purchase by such officer,
board or agency, unless such purchase may be made upon the same terms,
conditions and specifications at a lower price through such office. Two
or more fire companies or voluntary ambulance services may join in
making purchases pursuant to this section, and for the purposes of this
section such groups shall be deemed "fire companies or voluntary
ambulance services."

* NB Effective July 31, 2029