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![handle is hein.nyscompop/nyscomo1991 and id is 1 raw text is: Opinion 91-1
Opinion 91-1
This opinion represents the views of the Office of the State Comptroller at the time it was
rendered. The opinion may no longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that bear on the issues discussed in
the opinion.
LOCAL LAWS -- Competitive Bidding (cannot create exception for public work under county contract)
-- Preemption (competitive bidding procedures)
MUNICIPAL COOPERATION -- Competitive Bidding (cooperative bidding for public work)
PUBLIC CONTRACTS -- Purchases Through County or State (exception not applicable to contracts
for public work)
GENERAL MUNICIPAL LAW, §§103, 119-o; MUNICIPAL HOME RULE LAW, §10(1)(i); COUNTY
LAW, §408-a: There is no State statute which authorizes counties to extend their contracts for public
work to political subdivisions to allow political subdivisions to participate in such contracts as an
exception to competitive bidding requirements. Neither a county nor any other local government may
provide, by local law, an exception to competitive bidding requirements for procurements through
county contracts for public work. Municipal corporations, however, may enter into agreements to
cooperatively bid contracts for public work or to have one municipality perform the competitive bidding
procedures for other participating municipalities in connection with projects being undertaken by
individual municipalities.
You ask whether a charter county may extend its contracts for public work to political subdivisions
within the county so that the political subdivisions may participate in those contracts without
competitive bidding.
General Municipal Law, §103 provides as follows:
Except as otherwise expressly provided by an act of the
legislature or by a local law adopted prior to September first,
nineteen hundred fifty-three, all contracts for public work involving
an expenditure of more than seven thousand dollars and all
ourchase contracts involving an expenditure of more than five
thousand dollars, shall be awarded by the appropriate officer,
board or agency of a political subdivision or of any district therein
including but not limited to a soil conservation district, to the
lowest responsible bidder furnishing the required security after
advertisement for sealed bids in the manner provided by this
section ... (emphasis added)
It is clear from the express language of section 103 that it relates to two categories of municipal
procurements: contracts for public work and purchase contracts (see, e.g., Exlev v Village of Endicott,
51 NY2d 426, 434 NYS2d 922; 1987 Opns St Comp No. 87-46, p 70; L 1953, ch 861; Memorandum
to Governor re: L 1953, ch 861, Department of Audit and Control, McKinney's Session Laws of 1953,
p 2211).
County Law, §408-a authorizes county governing boards, in the case of ourchase contracts of the
county, to authorize the inclusion of a provision whereby purchases may be made under such
contracts by any political subdivision, district in such political subdivision or fire company located in
whole or in part within the county. The county is required to adopt rules prescribing the conditions
under which and the manner in which such purchases may be made (County Law, §408-a[2]).
Subdivision 3 of section 103 of the General Municipal Law provides that the ourchase of materials,
equipment and supplies, when available through county contracts extended to political subdivisions in
the county under County Law, §408-a(2), are exempt from the competitive bidding requirements of
General Municipal Law, §103(1). There is no similar authority, however, for counties to extend their
contracts for public work to political subdivisions to allow political subdivisions to participate in a
county's contracts for public work as an exception to the competitive bidding requirements of General
Municipal Law, §103(1).
Opinion 91-1](ViewImageLocal?handle=hein.nyscompop/nyscomo1991&div=1&collection=&method=preview&ext=.png&size=3)