S T A T E O F N E W Y O R K
________________________________________________________________________
9404
I N A S S E M B L Y
March 1, 2022
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Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to procurement
contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 359-a of the public authorities law, as amended by
section 7 of part TT of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 359-a. Procurement contracts. For the purposes of section twenty-
eight hundred seventy-nine of this chapter as applied to the authority,
the term "procurement contract" shall mean any written agreement for the
acquisition of goods or services of any kind by the authority in the
actual or estimated amount of [fifteen] FIFTY thousand dollars or more.
THE AUTHORITY MAY UTILIZE A PROCUREMENT CONTRACT LET BY ANY DEPARTMENT,
AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR ANY
DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF
ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
RECORD ITS RATIONALE FOR THE USE OF SUCH A CONTRACT. SUCH RATIONALE
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
CONSIDERATION OF THE PROCUREMENT METHOD BY WHICH THE CONTRACT WAS
AWARDED, AN ANALYSIS OF ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
NOT IN THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
COST. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT
DUE THE VENDOR OR CONTRACTOR AS A RESULT OF THE AUTHORITY'S USE OF THE
CONTRACT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14870-01-2