Senate Bill S5600

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

                                 5600--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, LITTLE -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- 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 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
AND  SECTION  ONE  HUNDRED  FOUR  OF THIS ARTICLE, ANY OFFICER, BOARD OR
AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN  AUTHORIZED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11929-04-9
              

S. 5600--A                          2

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.

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

                                 5600--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, LITTLE, BONACIC, KLEIN, MORAHAN,
  ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Local Government -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Local Government in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee and committed to  the
  Committee  on  Finance  -- 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.
                                                           LBD11929-08-0
              

S. 5600--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 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.