New York

New York Consolidated Laws

General Municipal Law

Article 5A. (Public Contracts)

N.Y. GEN. MUN. §100. Definitions.

As used in this article:

  1. “Political subdivision” means a municipal corporation, school district, district corporation and board of cooperative educational services.
  2. “Fire company” means:
  3. A volunteer fire company of a county, city, town, village or fire district fire department, whether or not any such company has been incorporated under any general or special law,
  4. A fire corporation the members of which are volunteer firemen and which was incorporated under or is subject to the provisions of section fourteen hundred two of the not-for-profit corporation law, which is not included within paragraph a above, if such corporation is by law under the general control of, or recognized as a fire corporation by, the governing board of a city, town, village or fire district, or
  5. A fire corporation the members of which are volunteer firemen and which was incorporated under, or established pursuant to the provisions of, any general or special law, which is not included within paragraphs a and b above, if such corporation is by law under the general control of, or recognized as a fire corporation by, the governing board of a city, town, village, fire district or a district corporation other than a fire district.
  6. “Voluntary ambulance service” means a voluntary ambulance service as defined in article thirty of the public health law and possessing a valid statement of registration or possessing a valid ambulance service certificate pursuant to article thirty of the public health law.

N.Y. GEN. MUN. §103

  1. [Expires and deemed repealed Aug. 1, 2017, pursuant to L.2012, c. 308, § 2.] 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 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, as the case may be, pursuant to subdivision one of this section, authorizing the use of best value for awarding purchase contracts.

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.

New York Constitution

Article IX. Local Governments

Section 1.  

Effective local self-government and intergovernmental cooperation are purposes of the people of the state. In furtherance thereof, local governments shall have the following rights, powers, privileges and immunities in addition to those granted by other provisions of this constitution:

(c)             Local governments shall have power to agree, as authorized by act of the legislature, with the federal government, a state or one or more other governments within or without the state, to provide cooperatively, jointly or by contract any facility, service, activity or undertaking which each participating local government has the power to provide separately. Each such local government shall have power to apportion its share of the cost thereof upon such portion of its area as may be authorized by act of the legislature.

New York Codes, Rules and Regulations

Title 9 Executive Department

Subtitle G. Office of General Services

Chapter I. Procurement Services Group

N.Y. COMP. CODES R. & REGS. TIT. 9, §250.2 General provisions for purchasing commodities.

(f) When justified by price, State agencies shall be eligible to make purchases pursuant to guidelines issued by the Procurement Council from a consortium or comparable entity in lieu of using centralized contracts for commodities.

9 NYCRR 250.10 Letting of contracts.

(e) The commissioner may authorize purchases required by State agencies or other authorized purchasers by letting a contract pursuant to a written agreement, or by approving the use of a contract let by any department, agency or instrumentality of the United States government and/or any department, agency, office, political subdivision or instrumentality of any state or states.

(f) The commissioner is authorized to let centralized contracts, in accordance with the procedures of this Part, for joint purchasing by New York State and any department, agency or instrumentality of the United States government and/or any state including the political subdivisions thereof; provided however that any entity incurring a liability under such contract shall be responsible for discharging said liability.

New York State Procurement Changes Summary