N.Y. GMU Law § 104 — New York Code / Act GMU / Article 5-A / Section 104
Purchase through office of general services; purchases from other public contracts; certain federal contracts
Status: in_force

* § 104. Purchase through office of general services; purchases from\nother public contracts; certain federal contracts. 1. Notwithstanding\nthe provisions of section one hundred three of this article or of any\nother general, special or local law, any officer, board or agency of a\npolitical subdivision, of a district therein, of a fire company or of a\nvoluntary ambulance service authorized to make purchases of commodities,\nmaterials, equipment, technology, food products, supplies or services\navailable pursuant to section one hundred sixty-three of the state\nfinance law, may make such purchases through the office of general\nservices or any other department or agency of the state subject to rules\npromulgated pursuant to article eleven of the state finance law;\nprovided that any such purchase shall exceed five hundred dollars and\nthat the political subdivision, district, fire company or voluntary\nambulance service for which such officer, board or agency acts shall\naccept sole responsibility for any payment due the vendor. All purchases\nshall be subject to audit and inspection by the political subdivision,\ndistrict, fire company or voluntary ambulance service for which made. No\nofficer, board or agency of a political subdivision, or a district\ntherein, of a fire company or of a voluntary ambulance service shall\nmake any purchase through such public entity when bids have been\nreceived for such purchase by such officer, board or agency, unless such\npurchase may be made upon the same terms, conditions and specifications\nat a lower price through such office. Two or more fire companies or\nvoluntary ambulance services may join in making purchases pursuant to\nthis section, and for the purposes of this section such groups shall be\ndeemed "fire companies or voluntary ambulance services."\n  2. Notwithstanding the provisions of section one hundred three of this\narticle or of any other general, special or local law, any officer,\nboard or agency of a political subdivision, or of a district therein,\nmay make purchases from federal general service administration supply\nschedules pursuant to section 211 of the federal e-government act of\n2002, P.L. 107-347 and the local preparedness acquisition act, P.L.\n110-248, and pursuant to section 1122 of the national defense\nauthorization act for fiscal year 1994, P.L. 103-160 and section 833 of\nthe John Warner national defense authorization act for fiscal year 2007,\nP.L. 109-364, and the federal supply schedule usage act of 2010, P.L.\n111-263, or any successor schedules, in accordance with procedures\nestablished in connection therewith. Prior to making such purchases the\nofficer, board or agency shall consider whether such purchases will\nresult in cost savings after all factors, including charges for service,\nmaterial, and delivery, have been considered.\n  * NB Effective until July 31, 2029\n  * § 104. Purchase through office of general services. Notwithstanding\nthe provisions of section one hundred three of this article or of any\nother general, special or local law, any officer, board or agency of a\npolitical subdivision, of a district therein, of a fire company or of a\nvoluntary ambulance service is authorized to make purchases of\ncommodities and services available pursuant to section one hundred\nsixty-three of the state finance law, may make such purchases through\nthe office of general services subject to such rules as may be\nestablished from time to time pursuant to section one hundred\nsixty-three of the state finance law or through the general services\nadministration pursuant to section 1555 of the federal acquisition\nstreamlining act of 1994, P.L. 103-355; provided that any such purchase\nshall exceed five hundred dollars and that the political subdivision,\ndistrict, fire company or voluntary ambulance service for which such\nofficer, board or agency acts shall accept sole responsibility for any\npayment due the vendor. All purchases shall be subject to audit and\ninspection by the political subdivision, district, fire company or\nvoluntary ambulance service for which made. No officer, board or agency\nof a political subdivision, or a district therein, of a fire company or\nof a voluntary ambulance service shall make any purchase through such\noffice when bids have been received for such purchase by such officer,\nboard or agency, unless such purchase may be made upon the same terms,\nconditions and specifications at a lower price through such office. Two\nor more fire companies or voluntary ambulance services may join in\nmaking purchases pursuant to this section, and for the purposes of this\nsection such groups shall be deemed "fire companies or voluntary\nambulance services."\n  * NB Effective July 31, 2029\n