What's happening
This bill clarifies that municipalities may use cooperative purchasing contracts unless expressly prohibited, and must still follow diversity and preferred source requirements.
Why it matters
Expands purchasing flexibility for local governments. by making it clear that cities, towns, and other municipalities can participate in cooperative purchasing contracts unless a law specifically forbids it, potentially saving taxpayer money and streamlining procurement.
Maintains important diversity and ethical safeguards. by explicitly requiring that municipalities must still follow laws regarding minority and women-owned business participation and preferred source purchasing, even when using cooperative contracts.
Reduces legal ambiguity and risk. for municipal officials by clarifying that the default is to allow cooperative purchasing, unless specifically prohibited, which could prevent disputes or hesitation over contract validity.
May speed up procurement processes. for local governments, reducing administrative burdens and allowing for quicker acquisition of goods and services, while still protecting local policy priorities.
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Who cares
Headline styles
Share Public Contracts Statewide
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
597
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- 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, in relation to the letting of municipal contracts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 16 of section 103 of the general municipal law, as amended by chapter 497 of the laws of 2013, is amended to read as follows:
16. (a) Notwithstanding the provisions of subdivisions one, two and 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 apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such political subdivision or district therein through the use of a contract let by the United States of America or any agency thereof, any state or any other political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value in a manner consistent with this section and made available for use by other governmental entities; provided, however, that no political subdivision or district therein, other than a city with a population of one million or more inhabitants or any district, board or agency with jurisdiction exclusively therein, may make such purchases or contract for such services through the use of such a contract let on the basis of best value in a manner consistent with this section unless the political subdivision or district shall first adopt a local law, rule, regulation or resolution,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05404-01-7
S. 597 2
as the case may be, pursuant to subdivision one of this section, authorizing the use of best value for awarding purchase contracts.
(b) In the absence of a provision expressly stating the contrary, the authorization granted in paragraph (a) of this subdivision shall be deemed to apply to municipal contracts entered into pursuant to this article.
(c) The authority provided to political subdivisions and districts therein pursuant to this subdivision shall not relieve any obligation of such political subdivision or district therein to comply with any applicable minority and women-owned business enterprise program mandates and the preferred source requirements of section one hundred sixty-two of the state finance law.
§ 2. This act shall take effect immediately and apply to municipal contracts entered into on or after such effective date; provided, however, that the amendment to subdivision 16 of section 103 of the general municipal law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to the letting of municipal contracts
Purpose or general idea of bill
This bill will allow municipalities to piggyback onto public contracts for goods and services unless such contract states otherwise.
Summary of specific provisions
Section 1. Provides that public contracts shall be open for use by municipalities not originally party to such agreements unless such agreements expressly state otherwise
Section 2. Effective Date
Justification
Current General Municipal Law Section 103 (16) authorizes any county, municipality, school district or other municipal entity to purchase goods or contract services through the use of other competitively bid cooperative contracts or purchase agreements by other municipal entities. In order for municipalities to take advantage of this, the contract needs to include a specific provision which would allow the contract to be "open." Contracts are not open to cooperative purchasing unless explicitly written into the original contract. This bill will automatically require all municipal procurement contracts to be open to other municipalities to "piggyback" onto.
This legislation will ease the ability of municipalities to make joint purchases amongst various taxing jurisdictions. Towns seeking services or goods will be able to ask other neighboring municipal entities to join them in purchasing a "bulk" amount. Cooperative purchasing of products and services will ultimately lower the cost per item or service.
Prior legislative history
01/13/15 REFERRED TO LOCAL GOVERNMENT: 01/06/16 REFERRED TO LOCAL GOVERNMENT:
Fiscal implications
To be determined.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.