Subdivision 16 of Section 103 of the General Municipal Law reads, in relevant part:
16. 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 state law.
As a result of Bill numbers S5525 and S3766A, the General Municipal Law provides the full extent of the expected mandate relief, by allowing political subdivisions to use contracts let by the United States of America or any agency thereof, any state or any other county, political subdivision or district therein, when the contract has been let either to the lowest responsible bidder or on the basis of best value in a manner consistent with section 103 of the General Municipal Law.
New York State Finance Law
Article 11 State Purchasing
"State agency" or "state agencies" means
all state departments, boards, commissions, offices or
institutions but excludes, however, for the purposes of subdivision five of
section three hundred fifty-five of the education law,
the state university of New York and excludes, for the purposes of subdivision
a of section sixty-two hundred eighteen of the
education law, the city university of New York. Furthermore, such
term shall not include the legislature or the judiciary.
§ 163 Purchasing of services and commodities
1a. Consortium means like entities which agree
to collectively purchase commodities at a lower price than would be
otherwise achievable through purchase by such entities pursuant to other
provisions of this article.
Best value means the basis for awarding contracts for services to the
offerer which optimizes quality, cost and efficiency, among
responsive and responsible offerers. Such basis shall reflect, wherever
possible, objective and quantifiable analysis.
3a(vi). When justified by price, state agencies, and hospitals and facilities managed and controlled by state agencies eligible pursuant to section twenty-eight hundred three-a of the public health law, shall be eligible to make purchases pursuant to guidelines issued by the state procurement council from a consortium or comparable entity in lieu of using centralized contracts for commodities.
Local Law, Rule, Regulation or Resolution Templates
In order to use a cooperative contract let on the basis of best value, S3766/A5119a requires eligible agencies in New York to adopt either a local law or resolution authorizing the use of best value for awarding purchase contracts in order to use a cooperative contract let on the basis of best value. Cities, Counties, Towns and Villages must adopt a local law. School Districts, BOCES, and District Corporations must adopt a resolution. Templates for both are available for download below.
New York Association of School Business Officials (ASBO) Webinar:
Cooperative Purchasing Roundtable
View an informative webinar hosted by New York ASBO focusing on rules and regulations agencies in New York must follow in order to use national cooperative purchasing contracts. Roundtable panelists included Paul Brennan, CPPO County of Rockland; Mike Grade, The Cooperative Purchasing Network; and Pam Pedler, Office Depot.