senate Bill S2013A

2011-2012 Legislative Session

Provides for the information technology procurement savings act of 2012; provides local governments and school districts more contracting flexibility

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2012 print number 2013a
amend (t) and recommit to local government
Jan 04, 2012 referred to local government
Jan 14, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2013 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5600B

S2013 - Bill Texts

view summary

Provides for the Information Technology Procurement Savings Act of 2012; provides local governments and school districts more contracting flexibility; and provides for purchasing services through the department of education.

view sponsor memo
BILL NUMBER:S2013

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 2011;
provides local governments and school districts more contract
flexibility; and provides for purchasing services

PURPOSE:
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 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 any local school or BOCES
district.

Section 4 of the bill amends the education law by adding a new article
25 to authorize 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, tow or county.

Section 5 of the bill sets an immediate the effective date, and shall
apply to procurement contracts entered into on or after such
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 telecommunication
products and services through cooperative purchasing through certain
contracts let by other local governments and school districts.

LEGISLATIVE HISTORY:
2009/2010 - S.5600B - Passed Senate

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.

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                    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.

Co-Sponsors

S2013A (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §103, add §109-c, Gen Muni L; add Art 25 §1210, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5600B

S2013A (ACTIVE) - Bill Texts

view summary

Provides for the Information Technology Procurement Savings Act of 2012; provides local governments and school districts more contracting flexibility; and provides for purchasing services through the department of education.

view sponsor memo
BILL NUMBER:S2013A

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 2012;
provides local governments and school districts more contract
flexibility; and provides for purchasing services

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 cities this act as "the information
technology procurement savings act of 2012.

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

Section 3 of this 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 any local school or BOCES
district.

Section 4 of the bill amends the education law by adding a new article
25 to authorize any local or school 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 sets an immediate the effective date, and shall
apply to procurement contracts entered into on or after such
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 telecommunication
products and services through cooperative purchasing through certain
contracts let by other local government officials and school districts.

LEGISLATIVE HISTORY:
2009/2010 - S.5600B - Passed Senate

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2013--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sens. STEWART-COUSINS, AVELLA, KLEIN, KRUEGER, OPPENHEIM-
  ER, STAVISKY -- read twice and ordered printed, and when printed to be
  committed to the Committee on Local Government -- recommitted  to  the
  Committee on Local Government in accordance with Senate Rule 6, sec. 8
  --  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
  2012; 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 2012".
  S  2.  Section 103 of the general municipal law is amended by adding a
new subdivision 16 to read as follows:
  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04073-02-2

S. 2013--A                          2

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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