New York
New York's piggybacking authority under General Municipal Law §103(16) is explicitly limited to 'apparatus, materials, equipment, or supplies' and related installation/maintenance/repair services — NOT construction. A New York Supreme Court decision in February 2025 (Matter of Daniel J. Lynch, Inc. v. Maine-Endwell) ruled that the piggybacking statute cannot be used for public works projects under any circumstances. New York is one of the most restrictive cooperative-construction jurisdictions in the country.
Piggybacking Law; February 2025 New York Supreme Court Decision N.Y. Gen. Mun. Law §103(16) and Matter of Daniel J. Lynch, Inc.
"GML §103 (16) allows school districts and political subdivisions to contract for services related to the installation, maintenance, and repair of apparatus, materials, equipment, and supplies by using other governmental contracts. In Matter of Daniel J. Lynch, Inc. v. Board of Educ. of Maine-Endwell Cent. Sch. Dist. (Feb. 13, 2025), the New York Supreme Court held that the piggybacking statute 'cannot be used under any circumstances for public works projects.' Public works projects can only be let after strict compliance with the traditional competitive bidding process outlined in General Municipal Law § 103(1) and (2)."
— N.Y. Gen. Mun. Law §103(16) and Matter of Daniel J. Lynch, Inc., Piggybacking Law; February 2025 New York Supreme Court Decision
Plain-language summary
New York's framework presents one of the most restrictive cooperative-construction landscapes in the country. The 'Piggybacking Law' under N.Y. General Municipal Law §103(16) allows political subdivisions and school districts to procure 'apparatus, materials, equipment, or supplies, including, but not limited to, services related to the installation, maintenance and repair of such items' through contracts let by the United States, any state, or any political subdivision — but only when the contract was let to the lowest responsible bidder or on the basis of best value. Construction services are conspicuously absent from this list. In February 2025, a New York trial court issued a landmark decision in Matter of Daniel J. Lynch, Inc. v. Board of Education of the Maine-Endwell Central School District. The court ruled that the piggybacking exception in GML §103(16) 'cannot be used under any circumstances for public works projects' going forward — meaning construction or repair projects undertaken by municipalities on their infrastructure must follow the traditional competitive bidding process under GML §103(1) and (2). The case specifically struck down a school district's use of The Interlocal Purchasing System (TIPS) — a national cooperative — to procure HVAC construction work. The decision is consistent with the Office of the State Comptroller's updated guidance and represents a significant tightening of cooperative construction procurement in New York. The New York legislature has introduced multiple bills in 2025 (S4480, A8880, A09344) to clarify or modify the piggybacking rules for public works, but none has been enacted as of this writing. New York also has separate procurement authority under State Finance Law §163 for state agencies and County Law §408-a for counties, but these likewise scope cooperative arrangements to goods/services rather than construction.
Key requirements
- →GML §103(16) Piggybacking Law scope: 'apparatus, materials, equipment, or supplies' and related installation/maintenance/repair services — construction is NOT named.
- →The underlying contract must have been let to the lowest responsible bidder or on the basis of best value, in a manner consistent with GML §103.
- →The federal government, a state, or any political subdivision thereof must have been a party to the underlying contract.
- →The contract must have been made available for use by other governmental entities.
- →MATTER OF DANIEL J. LYNCH, INC. v. BOARD OF EDUC. OF MAINE-ENDWELL CENT. SCH. DIST. (Feb. 13, 2025): New York Supreme Court ruled the piggybacking statute 'cannot be used under any circumstances for public works projects.'
- →Public works projects must follow GML §103(1) traditional competitive bidding for contracts over $35,000 and GML §103(2) lower threshold purchases.
- →The court specifically struck down a TIPS (The Interlocal Purchasing System) construction procurement, indicating national cooperatives cannot be used for NY public works.
- →Multiple 2025 bills (S4480, A8880, A09344) have been introduced to modify these rules, but none has been enacted as of this writing.
- →State Finance Law §163 (state agency procurement) and County Law §408-a (county purchasing) scope cooperative arrangements to goods/services.
- →New York public works construction subject to Article 8 of the Labor Law (prevailing wage), state contractor registration, and other applicable construction-specific statutes.
Construction services
New York is one of the most restrictive jurisdictions in the country for cooperative construction procurement, with both statutory scope limitations AND a recent definitive court ruling. The piggybacking statute (GML §103(16)) is explicitly scoped to 'apparatus, materials, equipment, or supplies' with installation/maintenance/repair — construction is conspicuously absent. The February 2025 Lynch v. Maine-Endwell decision goes further: the New York Supreme Court ruled that the piggybacking statute 'cannot be used under any circumstances for public works projects' going forward. The decision specifically invalidated a school district's use of The Interlocal Purchasing System (TIPS) for HVAC construction. This makes New York the most legally explicit restriction on cooperative construction since the Ohio AG opinions of 2019 and 2024. National cooperative purchasing arrangements (OMNIA Partners, Region 14 ESC Texas) cannot be used in New York for public works construction — the court has spoken definitively on this point. New York public agencies considering construction procurement must follow GML §103(1) and (2) traditional competitive bidding requirements. Sales conversations with New York public agencies should focus on supplies, equipment, materials, and installation/maintenance/repair services that fall within the §103(16) scope — not construction. Monitor pending 2025 legislation (S4480, A8880, A09344) for potential statutory clarification.
How New York agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in New York under N.Y. Gen. Mun. Law §103(16) and Matter of Daniel J. Lynch, Inc..
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. New York's procurement code may have been amended since this content was prepared. Confirm the current text of N.Y. Gen. Mun. Law §103(16) and Matter of Daniel J. Lynch, Inc. and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.