Senate Bill S2013A

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

                                  2013

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  AVELLA, KLEIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Local Government

AN  ACT  to  amend  the  general municipal law and the education law, in
  relation to the information  technology  procurement  savings  act  of
  2011;  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 known and may be cited as "the informa-
tion technology procurement savings act of 2011".
  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.
                                                           LBD04073-01-1
              

S. 2013                             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.   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.