Assembly Bill A8624

2009-2010 Legislative Session

Provides for the Information Technology Procurement Savings Act of 2010; provides local governments and school districts more contracting flexibility

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2010	print number 8624c
Feb 23, 2010	amend and recommit to ways and means
Feb 17, 2010	print number 8624b
Feb 17, 2010	amend (t) and recommit to ways and means
Feb 02, 2010	reported referred to ways and means
Jan 25, 2010	print number 8624a
Jan 25, 2010	amend (t) and recommit to local governments
Jan 06, 2010	referred to local governments
Jun 16, 2009	reported referred to ways and means
May 29, 2009	referred to local governments

Bill Amendments

Original

C (Active)

2009-A8624 - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L

2009-A8624 - Summary

Provides for the Information Technology Procurement Savings Act of 2010; provides local governments and school districts more contracting flexibility; and provides for purchasing services through the department of education.

2009-A8624 - Sponsor Memo

                                BILL NUMBER:A8624

TITLE OF BILL:  An act to amend the general municipal law and the
education law, in relation to the information technology procurement
savings act of 2009; provides local governments and school districts
more contract flexibility; and provides for purchasing services
through the department of education

PURPOSE OR GENERAL IDEA OF BILL:

This legislation aims to provide local governments and school
districts with greater contract flexibility with regard to purchasing
information technology and telecommunications equipment and services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the legislation cites this act as "the information
technology procurement savings act of 2009."

Section 2 of the bill amends Section 103 of the general municipal law
by adding two new subdivisions 1-b and 16 to allow a political
subdivision or any district the option of purchasing information
technology and telecommunications hardware, software, and professional
services through cooperative purchasing.

Section 3 of the bill amends the general municipal law by adding a new

section 109-c to allow any officer, board or agency of a village, town
or county to make purchases through the department of education or any
local school or BOCES district.

Section 4 of the bill amends the education law by adding a new article
25 to authorize the commissioner and any local school or board of
cooperative educational services district to enter into agreements to
share procurement contracts for telecommunications and information
technology services offered by the department with any officer, board
or agency of a village, town or county.

Section 5 of the bill is the effective date.

JUSTIFICATION:

This legislation will provide fiscal relief and increased operational
flexibility for local governments and school districts by allowing for
the purchasing of information technology and telecommunications
products and services through cooperative purchasing through certain
contracts let by other local governments, the state education
department and school districts.

PRIOR LEGISLATIVE HISTORY:

New Bill- 2009

FISCAL IMPLICATIONS:

None to the state. Savings will be realized by localities and school
districts.


EFFECTIVE DATE:

This act shall take effect immediately and shall apply to procurement
contracts entered into on or after such effective date.

2009-A8624 - Bill Text download pdf

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

                                  8624

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law  and  the  education  law,  in
  relation  to  the  information  technology  procurement savings act of
  2009; provides local governments and school  districts  more  contract
  flexibility;  and provides for purchasing services through the depart-
  ment of education

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

  Section  1.  This  act shall be cited as and known as "the information
technology procurement savings act of 2009".
  S 2. Section 103 of the general municipal law is amended by adding two
new subdivisions 1-b and 16 to read as follows:
  1-B. 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
CONSOLIDATED  SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1 OR 8.405-2, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCEDURE
SHALL  CONSTITUTE  COMPLIANCE  WITH THE COMPETITIVE BIDDING REQUIREMENTS
UNDER THIS SECTION.
  16. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11929-02-9

A. 8624                             2

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.
  S 3. The general municipal law is amended  by  adding  a  new  section
109-c to read as follows:
  S  109-C.  PURCHASE  OF  SERVICES  THROUGH STATE EDUCATION DEPARTMENT.
NOTWITHSTANDING THE PROVISIONS OF SECTION  ONE  HUNDRED  THREE  OF  THIS
ARTICLE  OR  ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY OFFICER, BOARD
OR AGENCY OF A VILLAGE, TOWN OR COUNTY IS AUTHORIZED TO  MAKE  PURCHASES
THROUGH  THE  DEPARTMENT  OF  EDUCATION  OR ANY LOCAL SCHOOL OR BOARD OF
COOPERATIVE EDUCATION SERVICES (BOCES) DISTRICT SUBJECT  TO  SUCH  RULES
AND  REGULATIONS  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. ALL PURCHASES SHALL BE SUBJECT  TO
AUDIT  AND  INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO OFFICER, BOARD
OR AGENCY OF A VILLAGE, TOWN OR COUNTY SHALL  MAKE  A  PURCHASE  THROUGH
SUCH  DEPARTMENT,  SCHOOL OR BOCES DISTRICT 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 DEPARTMENT, SCHOOL OR BOCES DISTRICT.
  S  4.  The education law is amended by adding a new article 25 to read
as follows:
                               ARTICLE 25
                            SHARED CONTRACTS
SECTION 1210. SHARED  TELECOMMUNICATIONS  AND   INFORMATION   TECHNOLOGY
                SERVICES.
  S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, THE COMMISSIONER AND ANY LOCAL SCHOOL OR BOARD OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  DISTRICT SHALL BE AUTHORIZED TO ENTER INTO
AGREEMENTS TO SHARE PROCUREMENT  CONTRACTS  FOR  TELECOMMUNICATIONS  AND
INFORMATION  TECHNOLOGY SERVICES, AS REFERENCED IN SCHOOL DISTRICT CAPI-
TAL EQUIPMENT AS DEFINED IN SUBDIVISION FORTY-THREE OF  SECTION  SIXTEEN
HUNDRED  SEVENTY-SIX  OF  THE  PUBLIC  AUTHORITIES  LAW,  OFFERED BY THE
DEPARTMENT WITH ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUN-
TY.
  S 5. This act shall  take  effect  immediately,  and  shall  apply  to
procurement contracts entered into on or after such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8624A - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L

2009-A8624A - Summary

2009-A8624A - Sponsor Memo

                                BILL NUMBER:A8624A

TITLE OF BILL:  An act to amend the general municipal law and the educa-
tion law, in relation to the information technology procurement savings
act of 2010; provides local governments and school districts more
contract flexibility; and provides for purchasing services through the
department of education

PURPOSE OR GENERAL IDEA OF BILL:  This legislation aims to provide local
governments and school districts with greater contract flexibility with
regard to purchasing information technology and telecommunications
equipment and services.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 of the legislation cites this
act as "the information technology procurement savings act of 2010."

Section 2 of the bill amends Section 103 of the general municipal law by
adding two new subdivisions 1-b and 16 to allow a political subdivision
or any district the option of purchasing information technology and
telecommunications hardware, software, and professional services through
cooperative purchasing.

Section 3 of the bill amends the general municipal law by adding a new
section 109-c to allow any officer, board or agency of a village, town
or county to make purchases through the department of education or any
local school or BOCES district.

Section 4 of the bill amends the education law by adding a new article
25 to authorize the commissioner and any local school or board of coop-
erative educational services district to enter into agreements to share
procurement contracts for telecommunications and information technology
services offered by the department with any officer, board or agency of
a village, town or county.

Section 5 of the bill is the effective date.

JUSTIFICATION:  This legislation will provide fiscal relief and
increased operational flexibility for local governments and school
districts by allowing for the purchasing of information technology and
telecommunications products and services through cooperative purchasing
through certain contracts let by other local governments, the state
education department and school districts.

PRIOR LEGISLATIVE HISTORY: New Bill- 2009

FISCAL IMPLICATIONS:  None to the state. Savings will be realized by
localities and school districts.

EFFECTIVE DATE:  This act shall take effect immediately and shall apply
to procurement contracts entered into on or after such effective date.

2009-A8624A - Bill Text download pdf

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

                                 8624--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced by M. of A. HOYT, LUPARDO, REILLY -- Multi-Sponsored by -- M.
  of  A.  McENENY  --  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  commit-
  tee

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to the information  technology  procurement  savings  act  of
  2010;  provides  local  governments and school districts more contract
  flexibility; and provides for purchasing services through the  depart-
  ment of education

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

  Section 1. This act shall be cited as and known  as  "the  information
technology procurement savings act of 2010".
  S 2. Section 103 of the general municipal law is amended by adding two
new subdivisions 1-b and 16 to read as follows:
  1-B.  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
CONSOLIDATED SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL  SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1 OR 8.405-2, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCEDURE
SHALL CONSTITUTE COMPLIANCE WITH THE  COMPETITIVE  BIDDING  REQUIREMENTS
UNDER THIS SECTION.
  16.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF  THIS  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11929-05-0

A. 8624--A                          2

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.
  S  3.  The  general  municipal  law is amended by adding a new section
109-c to read as follows:
  S 109-C. PURCHASE OF  SERVICES  THROUGH  STATE  EDUCATION  DEPARTMENT.
NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  ONE HUNDRED THREE OF THIS
ARTICLE OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY  OFFICER,  BOARD
OR  AGENCY  OF A VILLAGE, TOWN OR COUNTY IS AUTHORIZED TO MAKE PURCHASES
THROUGH THE DEPARTMENT OF EDUCATION OR ANY  LOCAL  SCHOOL  OR  BOARD  OF
COOPERATIVE  EDUCATION  SERVICES  (BOCES) DISTRICT SUBJECT TO SUCH RULES
AND REGULATIONS 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. ALL PURCHASES SHALL BE SUBJECT TO
AUDIT AND INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO  OFFICER,  BOARD
OR  AGENCY  OF  A  VILLAGE, TOWN OR COUNTY SHALL MAKE A PURCHASE THROUGH
SUCH DEPARTMENT, SCHOOL OR BOCES DISTRICT 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 DEPARTMENT, SCHOOL OR BOCES DISTRICT.
  S 4. The education law is amended by adding a new article 25  to  read
as follows:
                               ARTICLE 25
                            SHARED CONTRACTS
SECTION 1210. SHARED   TELECOMMUNICATIONS   AND  INFORMATION  TECHNOLOGY
                SERVICES.
  S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO
THE  CONTRARY, THE COMMISSIONER AND ANY LOCAL SCHOOL OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES DISTRICT SHALL BE AUTHORIZED  TO  ENTER  INTO
AGREEMENTS  TO  SHARE  PROCUREMENT  CONTRACTS FOR TELECOMMUNICATIONS AND
INFORMATION TECHNOLOGY SERVICES, AS REFERENCED IN SCHOOL DISTRICT  CAPI-
TAL  EQUIPMENT  AS DEFINED IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN
HUNDRED SEVENTY-SIX OF  THE  PUBLIC  AUTHORITIES  LAW,  OFFERED  BY  THE
DEPARTMENT WITH ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUN-
TY.
  S  5.  This  act  shall  take  effect  immediately, and shall apply to
procurement contracts entered into on or after such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8624B - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L

2009-A8624B - Summary

2009-A8624B - Sponsor Memo

2009-A8624B - Bill Text download pdf

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

                                 8624--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M. of A. HOYT, LUPARDO, REILLY, SCHIMEL, RUSSELL, JAFFEE
  -- Multi-Sponsored by -- M. of A. McENENY -- 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 -- reported and referred to the Commit-
  tee on Ways and Means -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to the information  technology  procurement  savings  act  of
  2010;  provides  local  governments and school districts more contract
  flexibility; and provides for purchasing services

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

  Section  1.  This  act shall be cited as and known as "the information
technology procurement savings act of 2010".
  S 2. Section 103 of the general municipal law is amended by adding two
new subdivisions 1-b and 13 to read as follows:
  1-B. 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
CONSOLIDATED  SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1 OR 8.405-2, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCEDURE
SHALL  CONSTITUTE  COMPLIANCE  WITH THE COMPETITIVE BIDDING REQUIREMENTS
UNDER THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11929-09-0

A. 8624--B                          2

  13. 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.
  S 3. The general municipal law is amended  by  adding  a  new  section
109-c to read as follows:
  S  109-C.  PURCHASE  OF  SERVICES.  NOTWITHSTANDING  THE PROVISIONS OF
SECTION ONE HUNDRED THREE OF THIS ARTICLE OR ANY OTHER GENERAL,  SPECIAL
OR  LOCAL LAW, ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY
IS AUTHORIZED TO MAKE PURCHASES THROUGH THE LOCAL  SCHOOL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES (BOCES) DISTRICT SUBJECT TO SUCH RULES
AND REGULATIONS 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. ALL PURCHASES SHALL BE SUBJECT TO
AUDIT AND INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO  OFFICER,  BOARD
OR  AGENCY  OF  A  VILLAGE, TOWN OR COUNTY SHALL MAKE A PURCHASE THROUGH
SUCH DEPARTMENT, SCHOOL OR BOCES DISTRICT 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 DEPARTMENT, SCHOOL OR BOCES DISTRICT.
  S 4. The education law is amended by adding a new article 25  to  read
as follows:
                               ARTICLE 25
                            SHARED CONTRACTS
SECTION 1210. SHARED   TELECOMMUNICATIONS   AND  INFORMATION  TECHNOLOGY
                SERVICES.
  S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO
THE  CONTRARY,  ANY  LOCAL  SCHOOL  OR  BOARD OF COOPERATIVE EDUCATIONAL
SERVICES DISTRICT SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO  SHARE
PROCUREMENT  CONTRACTS FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
SERVICES, AS REFERENCED IN SCHOOL DISTRICT CAPITAL EQUIPMENT AS  DEFINED
IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE
PUBLIC  AUTHORITIES  LAW,  OFFERED  BY  THE DEPARTMENT WITH ANY OFFICER,
BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY.
  S 5. This act shall  take  effect  immediately,  and  shall  apply  to
procurement contracts entered into on or after such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8624C (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L

2009-A8624C (ACTIVE) - Summary

2009-A8624C (ACTIVE) - Sponsor Memo

2009-A8624C (ACTIVE) - Bill Text download pdf

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

                                 8624--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M. of A. HOYT, LUPARDO, REILLY, SCHIMEL, RUSSELL, JAFFEE
  -- Multi-Sponsored by -- M. of A. McENENY -- 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 -- reported and referred to the Commit-
  tee on Ways and Means -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to the information  technology  procurement  savings  act  of
  2010;  provides  local  governments and school districts more contract
  flexibility; and provides for purchasing services

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

  Section  1.  This  act shall be cited as and known as "the information
technology procurement savings act of 2010".
  S 2. Section 103 of the general municipal law is amended by adding two
new subdivisions 1-b and 13 to read as follows:
  1-B. 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
CONSOLIDATED  SCHEDULE  CONTRACTS  SHALL  COMPLY  WITH  FEDERAL SCHEDULE
ORDERING  PROCEDURES  AS  PROVIDED  IN  FEDERAL  ACQUISITION  REGULATION
8.405-1 OR 8.405-2, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCEDURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11929-10-0

A. 8624--C                          2

SHALL  CONSTITUTE  COMPLIANCE  WITH THE COMPETITIVE BIDDING REQUIREMENTS
UNDER THIS SECTION.
  13.  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.
  S 3. The general municipal law is amended  by  adding  a  new  section
109-c to read as follows:
  S  109-C.  PURCHASE  OF  SERVICES.   NOTWITHSTANDING THE PROVISIONS OF
SECTION ONE HUNDRED THREE OF THIS ARTICLE OR ANY OTHER GENERAL,  SPECIAL
OR  LOCAL LAW, ANY OFFICER, BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY
IS AUTHORIZED TO MAKE PURCHASES THROUGH THE LOCAL  SCHOOL  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES (BOCES) DISTRICT SUBJECT TO SUCH RULES
AND REGULATIONS 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. ALL PURCHASES SHALL BE SUBJECT TO
AUDIT AND INSPECTION BY THE VILLAGE, TOWN OR COUNTY. NO  OFFICER,  BOARD
OR  AGENCY  OF  A  VILLAGE, TOWN OR COUNTY SHALL MAKE A PURCHASE THROUGH
SUCH SCHOOL OR BOCES DISTRICT 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 SCHOOL OR BOCES DISTRICT.
  S 4. The education law is amended by adding a new article 25  to  read
as follows:
                               ARTICLE 25
                            SHARED CONTRACTS
SECTION 1210. SHARED   TELECOMMUNICATIONS   AND  INFORMATION  TECHNOLOGY
                SERVICES.
  S 1210. SHARED TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SERVICES.
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO
THE  CONTRARY,  ANY  LOCAL  SCHOOL  OR  BOARD OF COOPERATIVE EDUCATIONAL
SERVICES DISTRICT SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO  SHARE
PROCUREMENT  CONTRACTS FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
SERVICES, AS REFERENCED IN SCHOOL DISTRICT CAPITAL EQUIPMENT AS  DEFINED
IN SUBDIVISION FORTY-THREE OF SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE
PUBLIC  AUTHORITIES  LAW,  OFFERED  BY  THE DEPARTMENT WITH ANY OFFICER,
BOARD OR AGENCY OF A VILLAGE, TOWN OR COUNTY.
  S 5. This act shall  take  effect  immediately,  and  shall  apply  to
procurement contracts entered into on or after such effective date.

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HOYT

Archive: Last Bill Status - In Assembly Committee

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Donna Lupardo

Robert Reilly

Michelle Schimel

Addie Jenne

multi-Sponsors

John McEneny

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Donna Lupardo

Robert Reilly

Michelle Schimel

Addie Jenne

multi-Sponsors

John McEneny

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Donna Lupardo

Robert Reilly

Michelle Schimel

Addie Jenne

multi-Sponsors

John McEneny

Marcus Molinaro

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