Regulates the use of cooperative purchasing agreements for public works projects by political subdivisions of the state

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          9344

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    December 10, 2025
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the general municipal law, in relation to regulating the
          use of cooperative purchasing agreements for public works projects  by
          political subdivisions of the state

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Legislative findings and purpose. The Legislature finds and
     2  declares that subdivision 16 of section 103 of the general municipal law
     3  was enacted to enhance procurement efficiency  by  permitting  New  York
     4  political subdivisions to use cooperative purchasing agreements, includ-
     5  ing  piggybacking  competitively  awarded contracts from other jurisdic-
     6  tions. However, the increasing use of national cooperative contracts and
     7  those from other states with divergent procurement standards has led  to
     8  diminished oversight, lower worker protections, and a departure from New
     9  York's public bidding laws.
    10    This  act affirms that cooperative purchasing for public works must be
    11  subject to New York's public procurement laws and safeguards.  It  seeks
    12  to clarify allowable uses of cooperative purchasing, improve transparen-
    13  cy  and accountability, and strengthen prevailing wage enforcement mech-
    14  anisms to protect workers and ensure fair competition.
    15    § 2. The general municipal law is amended  by  adding  a  new  section
    16  109-e to read as follows:
    17    §  109-E. COOPERATIVE PURCHASING AGREEMENTS FOR PUBLIC WORKS. 1. POLI-
    18  TICAL SUBDIVISIONS MAY UTILIZE  COOPERATIVE  PURCHASING  AGREEMENTS  FOR
    19  GOODS   AND   SERVICES,  INCLUDING  SERVICES  RELATED  TO  PUBLIC  WORKS
    20  CONSTRUCTION, PROVIDED ANY ASSOCIATED CONTRACTS WERE  COMPETITIVELY  BID
    21  BY POLITICAL SUBDIVISIONS EITHER WITHIN OR OUTSIDE THE STATE.
    22    2.  COOPERATIVE  PURCHASING  AGREEMENTS  FOR PUBLIC WORKS CONSTRUCTION
    23  SHALL ONLY BE PERMITTED WHEN ASSOCIATED CONTRACTS ARE COMPETITIVELY BID,
    24  ADVERTISED, AND AWARDED BY A NEW  YORK  POLITICAL  SUBDIVISION  IN  FULL

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13261-01-5
        A. 9344                             2

     1  COMPLIANCE  WITH  PUBLIC  PROCUREMENT LAWS, INCLUDING BUT NOT LIMITED TO
     2  THE PROVISIONS OF THIS ARTICLE.
     3    3.  ALL COOPERATIVE CONTRACTS FOR PUBLIC WORKS SHALL BE LOCALLY ADVER-
     4  TISED TO  ENSURE  FAIR  AND  OPEN  COMPETITION.  NOTICES  SHALL  INCLUDE
     5  DETAILED PROCEDURES FOR ISSUING AND ADDING PURCHASE ORDERS.
     6    § 3. This act shall take effect immediately.