Senate Bill S10326

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10326
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the general municipal law, in relation to the regulation
   and use of cooperative purchasing agreements for public works projects
   by political subdivisions in the state of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and purpose. The legislature finds and
 declares that subdivision 16 of section 103 of the general municipal law
 was  enacted  to  enhance  procurement efficiency by permitting New York
 political subdivisions to use cooperative purchasing agreements, includ-
 ing piggybacking competitively awarded contracts  from  other  jurisdic-
 tions. However, the increasing use of national cooperative contracts and
 those  from other states with divergent procurement standards has led to
 diminished oversight, lower worker protections, and a departure from New
 York's public bidding laws.
   This act affirms that cooperative purchasing for public works must  be
 subject to New York's public procurement laws and safeguards and explic-
 itly  limits  such  agreements  to  those  that are bid, advertised, and
 awarded solely by political subdivisions located within the state of New
 York. It seeks to clarify  allowable  uses  of  cooperative  purchasing,
 improve  transparency and accountability, and strengthen prevailing wage
 enforcement mechanisms to protect workers and ensure fair competition.
   The legislature further finds that clarification is necessary  regard-
 ing  the  definition  and  scope  of  services  related  to public works
 construction, to ensure that such services are subject to New York state
 labor protections, including prevailing wage requirements and  appropri-
 ate craft or trade separation. The legislature is concerned that cooper-
 ative  agreements  awarded by jurisdictions outside New York have led to
 inconsistent enforcement practices, improper assignment of trades  under
 Job  Order  Contracting (JOC) arrangements, and diminished public trans-
 parency.
   § 2. The general municipal law is amended  by  adding  a  new  section
 109-e to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15839-01-6
 S. 10326                            2
 
   §  109-E.  COOPERATIVE  PURCHASING AGREEMENTS FOR PUBLIC WORKS. 1. (A)
 POLITICAL SUBDIVISIONS MAY UTILIZE COOPERATIVE PURCHASING AGREEMENTS FOR
 GOODS AND SERVICES, PROVIDED THE CONTRACTS  WERE  COMPETITIVELY  BID  BY
 POLITICAL SUBDIVISIONS EITHER WITHIN OR OUTSIDE NEW YORK.
   (B)  COOPERATIVE  PURCHASING  AGREEMENTS FOR PUBLIC WORKS CONSTRUCTION
 AND ANY SERVICES RELATED TO PUBLIC  WORKS  CONSTRUCTION  SHALL  ONLY  BE
 PERMITTED  WHEN  SUCH  CONTRACTS  ARE COMPETITIVELY BID, PUBLICLY ADVER-
 TISED, AND AWARDED BY A POLITICAL SUBDIVISION LOCATED WITHIN  THE  STATE
 OF  NEW  YORK,  IN  FULL  COMPLIANCE WITH ALL APPLICABLE NEW YORK PUBLIC
 PROCUREMENT LAWS, INCLUDING BUT NOT LIMITED TO SECTION ONE  HUNDRED  ONE
 OF THIS ARTICLE, PREVAILING WAGE STATUTES, AND REQUIREMENTS FOR CRAFT OR
 TRADE SEPARATION.
   (C)  FOR  THE  PURPOSES  OF THIS SECTION, ANY PROJECT EXECUTED UNDER A
 COOPERATIVE PURCHASING AGREEMENT SHALL BE CONSIDERED A  COVERED  PROJECT
 SUBJECT  TO  PARAGRAPH D OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
 TY-J OF THE LABOR LAW.
   (D) FOR THE PURPOSES OF THIS  SECTION,  "SERVICES  RELATED  TO  PUBLIC
 WORKS  CONSTRUCTION"  SHALL  INCLUDE  CONSTRUCTION  MANAGEMENT,  GENERAL
 CONTRACTING, INSPECTION,  TESTING,  OR  OTHER  SIMILAR  SERVICES  TRADI-
 TIONALLY  PERFORMED  AS  PART  OF  PUBLIC  WORKS  PROCUREMENT,  AND SUCH
 SERVICES MUST ALSO COMPLY WITH ALL NEW YORK STATE  PROCUREMENT  REQUIRE-
 MENTS.
   2.  COOPERATIVE CONTRACTS FOR PUBLIC WORKS SHALL BE LOCALLY ADVERTISED
 AS REQUIRED BY SUBDIVISION TWO OF SECTION  ONE  HUNDRED  THREE  OF  THIS
 ARTICLE  AND  SHALL  INCLUDE  DETAILED PROCEDURES FOR ISSUING AND ADDING
 PURCHASE ORDERS.
   3. POLITICAL SUBDIVISIONS MAY AWARD  INDEFINITE  DELIVERY,  INDEFINITE
 QUANTITY  (IDIQ) CONTRACTS FOR GOODS, SERVICES, AND PUBLIC WORKS WITHOUT
 REQUIRING FINAL PLANS AND SPECIFICATIONS FOR INDIVIDUAL PROJECTS AT  THE
 TIME OF CONTRACT EXECUTION. HOWEVER, WHEN USED FOR PUBLIC WORKS IN ADDI-
 TION  TO  THE  CONTRACTOR'S  REQUIRED  SUBMISSION  OF  CERTIFIED PAYROLL
 RECORDS TO THE DEPARTMENT OF LABOR'S WEBSITE IN PARAGRAPH B OF  SUBDIVI-
 SION  TWO OF SECTION TWO HUNDRED TWENTY-J OF THE LABOR LAW, THE CONTRAC-
 TOR SHALL SUBMIT CERTIFIED PAYROLL RECORDS FOR EACH  JOB  ORDER  TO  THE
 LEAD  AGENCY AND POLITICAL SUBDIVISION WHERE THE PUBLIC WORKS PROJECT IS
 PERFORMED TO VERIFY THAT PREVAILING WAGE REQUIREMENTS WERE MET.    ADDI-
 TIONALLY,  WORK MUST BE ASSIGNED IN ACCORDANCE WITH APPROPRIATE CRAFT OR
 TRADE CLASSIFICATIONS AS REQUIRED UNDER NEW YORK LABOR LAW.
   § 3. This act shall take effect immediately.