2023 New York Laws › GMU - General Municipal › Article 5-A - Public Contracts › 104 - Purchase Through Office of General Services; Purchases From Other Public Contracts; Certain Federal Contracts.

* §  104.  Purchase through office of general services; purchases from
  other public contracts; certain federal  contracts.  1.  Notwithstanding
  the  provisions  of  section one hundred three of this article or of any
  other general, special or local law, any officer, board or agency  of  a
  political  subdivision, of a district therein, of a fire company or of a
  voluntary ambulance service authorized to make purchases of commodities,
  materials, equipment, technology, food products,  supplies  or  services
  available  pursuant  to  section  one  hundred  sixty-three of the state
  finance law, may make such  purchases  through  the  office  of  general
  services or any other department or agency of the state subject to rules
  promulgated  pursuant  to  article  eleven  of  the  state  finance law;
  provided that any such purchase shall exceed five  hundred  dollars  and
  that  the  political  subdivision,  district,  fire company or voluntary
  ambulance service for which such officer, board  or  agency  acts  shall
  accept sole responsibility for any payment due the vendor. All purchases
  shall  be  subject to audit and inspection by the political subdivision,
  district, fire company or voluntary ambulance service for which made. No
  officer, board or agency of  a  political  subdivision,  or  a  district
  therein,  of  a  fire  company or of a voluntary ambulance service shall
  make any purchase  through  such  public  entity  when  bids  have  been
  received for such purchase by such officer, board or agency, unless such
  purchase  may be made upon the same terms, conditions and specifications
  at a lower price through such office. Two  or  more  fire  companies  or
  voluntary  ambulance  services  may join in making purchases pursuant to
  this section, and for the purposes of this section such groups shall  be
  deemed "fire companies or voluntary ambulance services."
2. Notwithstanding the provisions of section one hundred three of this
  article  or  of  any  other  general, special or local law, any officer,
  board or agency of a political subdivision, or of  a  district  therein,
  may  make  purchases  from federal general service administration supply
  schedules pursuant to section 211 of the  federal  e-government  act  of
  2002,  P.L.  107-347  and  the  local preparedness acquisition act, P.L.
  110-248,  and  pursuant  to  section  1122  of  the   national   defense
  authorization  act for fiscal year 1994, P.L. 103-160 and section 833 of
  the John Warner national defense authorization act for fiscal year 2007,
  P.L. 109-364, and the federal supply schedule usage act  of  2010,  P.L.
  111-263,  or  any  successor  schedules,  in  accordance with procedures
  established in connection therewith. Prior to making such purchases  the
  officer,  board  or  agency  shall  consider whether such purchases will
  result in cost savings after all factors, including charges for service,
  material, and delivery, have been considered.
* NB Effective until July 31, 2024
* § 104. Purchase through office of general services.  Notwithstanding
  the  provisions  of  section one hundred three of this article or of any
  other general, special or local law, any officer, board or agency  of  a
  political  subdivision, of a district therein, of a fire company or of a
  voluntary  ambulance  service  is  authorized  to  make   purchases   of
  commodities  and  services  available  pursuant  to  section one hundred
  sixty-three of the state finance law, may make  such  purchases  through
  the  office  of  general  services  subject  to  such  rules  as  may be
  established  from  time  to  time  pursuant  to  section   one   hundred
  sixty-three  of  the  state  finance law or through the general services
  administration pursuant to  section  1555  of  the  federal  acquisition
  streamlining  act of 1994, P.L. 103-355; provided that any such purchase
  shall exceed five hundred dollars and that  the  political  subdivision,
  district,  fire  company  or  voluntary ambulance service for which such
  officer, board or agency acts shall accept sole responsibility  for  any
  payment  due  the  vendor.  All  purchases shall be subject to audit and

  inspection by the  political  subdivision,  district,  fire  company  or
  voluntary  ambulance service for which made. No officer, board or agency
  of a political subdivision, or a district therein, of a fire company  or
  of  a  voluntary  ambulance service shall make any purchase through such
  office when bids have been received for such purchase by  such  officer,
  board  or  agency, unless such purchase may be made upon the same terms,
  conditions and specifications at a lower price through such office.  Two
  or  more  fire  companies  or  voluntary  ambulance services may join in
  making purchases pursuant to this section, and for the purposes of  this
  section  such  groups  shall  be  deemed  "fire  companies  or voluntary
  ambulance services."
* NB Effective July 31, 2024