N.Y. General Municipal Law § 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, 2029

* § 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, 2029