NY State Senate Bill 2021-S6995A

Senate Bill S6995A

Signed By Governor

2021-2022 Legislative Session

Relates to contracts awarded by the New York city transit authority and the metropolitan commuter transportation authority

download bill text pdf

Archive: Last Bill Status Via A7707 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.267
Jul 12, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1728 substituted for s6995a
Jun 10, 2021	substituted by a7707a ordered to third reading cal.1728 committee discharged and committed to rules
Jun 04, 2021	print number 6995a
Jun 04, 2021	amend and recommit to transportation
May 21, 2021	referred to transportation

Votes

- Jun 10, 2021 - Floor Vote
  A7707
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 10, 2021 - Rules Committee Vote
  S6995A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2021-S6995 - Details

See Assembly Version of this Bill:: A7707
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1209 & 1265-a, Pub Auth L

2021-S6995 - Summary

Allows bids for contracts from the New York city transit authority and the metropolitan commuter transportation authority to be received by such authorities through an electronic bidding platform and electronically posted for public view.

2021-S6995 - Sponsor Memo

                                
 
BILL NUMBER: S6995

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to contracts
awarded by the New York city transit authority and the metropolitan
commuter transportation authority

 
PURPOSE:

To allow MTA to use electronic bidding for public work contracts.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph b of subdivision 8 of section 1209 of the
public authorities law to provide that all sealed bids received shall be
received either through an electronic bidding platform and electron-
ically posted for public view, or publicly opened and read, in either
case at the time, place and in the manner specified in the advertisement
or specified at the time of solicitation, or to which the opening and

reading or posting have been adjourned by the authority.

Section 2 amends paragraph b of subdivision 3 of section 1265a of the
public authorities law to provide that all sealed bids received shall be
received either through an electronic bidding platform and electron-
ically posted for public view, or publicly opened and read, in either
case at the time, place and in the manner specified in the advertisement
or specified at the time of solicitation, or to which the opening and
reading or posting have been adjourned by the authority.

Section 3 provides the effective date.

 
JUSTIFICATION:

This legislation would allow the MTA to use electronic bidding for
public work contracts. Current law allows some electronic bidding, but
only for purchase contracts. During the COVID19 pandemic, the MTA has
used electronic bidding more widely under Executive Order 202, and wants
to continue doing so after the emergency order is lifted.  Contractors
have responded favorably, in part because electronic submission of bids
allows contractors assembling bids for complex projects to more quickly
incorporate pricing from their subcontractors into the final bid price.
Section 163 of the State Finance Law allows state agencies to accept
bids electronically. Electronic bidding is both allowed and encouraged
under the Federal Acquisition Regulation and is allowed by FTA, one of
the MTA's major funding partners.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6995 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6995
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law,  in  relation  to  contracts
   awarded  by  the  New York city transit authority and the metropolitan
   commuter transportation authority

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  8 of section 1209 of the
 public authorities law, as added by chapter 929 of the laws of 1986,  is
 amended to read as follows:
   (b)  The  authority  may designate any officer or employee to open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to  award  the  contract to the lowest responsible bidder. Such
 designee shall make a record of all bids in such form and detail as  the
 authority  shall  prescribe.  All SEALED bids received shall be RECEIVED
 EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY  POSTED
 FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time
 [and],  place AND IN THE MANNER specified in the advertisement or speci-
 fied at the time of solicitation, or to which the opening and reading OR
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied of the time and place of any such adjournment.
   § 2. Paragraph (b) of subdivision 3 of section 1265-a  of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (b)  The  authority  may designate any officer or employee to open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to  award  the  contract to the lowest responsible bidder. Such
 designee shall make a record of all bids in such form and detail as  the
 authority  shall  prescribe.  All SEALED bids received shall be RECEIVED
 EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY  POSTED
 FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11580-01-1

 S. 6995                             2
 
 [and],  place AND IN THE MANNER specified in the advertisement or at the
 time of solicitation, or to which the opening  and  reading  OR  POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment.
   § 3. This act shall take effect immediately.

2021-S6995A (ACTIVE) - Details

See Assembly Version of this Bill:: A7707
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1209 & 1265-a, Pub Auth L

2021-S6995A (ACTIVE) - Summary

2021-S6995A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6995A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to contracts
awarded by the New York city transit authority and the metropolitan
commuter transportation authority

 
PURPOSE:

To allow MTA to use electronic bidding for public work contracts.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph b of subdivision 8 of section 1209 of the
public authorities law to provide that all sealed bids received shall be
received either through an electronic bidding platform and electron-
ically posted for public view, or publicly opened and read, in either
case at the time, place and in the manner specified in the advertisement
or specified at the time of solicitation, or to which the opening and

reading or posting have been adjourned by the authority. The authority
shall, at minimum, provide the same opportunity and time for submitting
sealed bids physically as for sealed bids submitted electronically and
shall provide the opportunity for bidders to submit sealed bids phys-
ically any time that it provides the opportunity to submit sealed elec-
tronic bids.

Section 2 amends paragraph b of subdivision 3 of section 1265a of the
public authorities law to provide that all sealed bids received shall be
received either through an electronic bidding platform and electron-
ically posted for public view, or publicly opened and read, in either
case at the time, place and in the manner specified in the advertisement
or specified at the time of solicitation, or to which the opening and
reading or posting have been adjourned by the authority. The authority
shall, at minimum, provide the same opportunity and time for submitting
sealed bids physically as for sealed bids submitted electronically and
shall provide the opportunity for bidders to submit sealed bids phys-
ically any time that it provides the opportunity to submit sealed elec-
tronic bids.

Section 3 provides the effective date.

 
JUSTIFICATION:

This legislation would allow the MTA to use electronic bidding for
public work contracts. Current law allows some electronic bidding, but
only for purchase contracts. During the COVID19 pandemic, the MTA has
used electronic bidding more widely under Executive Order 202, and wants
to continue doing so after the emergency order is lifted.  Contractors
have responded favorably, in part because electronic submission of bids
allows contractors assembling bids for complex projects to more quickly
incorporate pricing from their subcontractors into the final bid price.
Section 163 of the State Finance Law allows state agencies to accept
bids electronically.  Electronic bidding is both allowed and encouraged
under the Federal Acquisition Regulation and is allowed by FTA, one of
the MTA's major funding partners.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6995A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6995--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public authorities law,  in  relation  to  contracts
   awarded  by  the  New York city transit authority and the metropolitan
   commuter transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  8 of section 1209 of the
 public authorities law, as added by chapter 929 of the laws of 1986,  is
 amended to read as follows:
   (b)  The  authority  may designate any officer or employee to open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to  award  the  contract to the lowest responsible bidder. Such
 designee shall make a record of all bids in such form and detail as  the
 authority  shall  prescribe.  All bids received shall be publicly opened
 and read at the time [and], place AND IN THE  MANNER  specified  in  the
 advertisement  or specified at the time of solicitation, or to which the
 opening and reading OR POSTING have been  adjourned  by  the  authority,
 PROVIDED  THAT  ANY  SEALED  BID  MAY BE RECEIVED AND SECURED THROUGH AN
 ELECTRONIC PLATFORM AS PERMITTED BY THE AUTHORITY, AND THAT  ANY  SEALED
 BID  RECEIVED  ELECTRONICALLY  IS  MADE  PUBLIC  AT THE SAME TIME AS ANY
 COMPETING PAPER BID.  THE AUTHORITY SHALL, AT MINIMUM, PROVIDE THE  SAME
 OPPORTUNITY AND TIME FOR SUBMITTING SEALED BIDS PHYSICALLY AS FOR SEALED
 BIDS  SUBMITTED  ELECTRONICALLY,  AND  SHALL PROVIDE THE OPPORTUNITY FOR
 BIDDERS TO SUBMIT SEALED BIDS PHYSICALLY ANY TIME THAT IT  PROVIDES  THE
 OPPORTUNITY TO SUBMIT SEALED ELECTRONIC BIDS. IN ADDITION, THE AUTHORITY
 SHALL  ESTABLISH  A  PROCESS FOR ACCOMMODATING FORCE MAJEURE EVENTS THAT
 PREVENT THE SUBMISSION OF A SEALED ELECTRONIC  BID,  INCLUDING  BUT  NOT
 LIMITED  TO  INTERNET  AND  POWER  OUTAGE  EVENTS, AND FOR AUTOMATICALLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11580-02-1

 S. 6995--A                          2
 
 CONFIRMING RECEIPT OF ANY SEALED ELECTRONIC BID  RECEIVED.  All  bidders
 shall be notified of the time and place of any such adjournment.
   §  2.  Paragraph  (b) of subdivision 3 of section 1265-a of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (b) The authority may designate any officer or employee  to  open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to award the contract to the  lowest  responsible  bidder.  Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe. All bids received shall  be  publicly  opened
 and  read  at  the  time [and], place AND IN THE MANNER specified in the
 advertisement or at the time of solicitation, or to  which  the  opening
 and  reading  OR  POSTING have been adjourned by the authority, PROVIDED
 THAT ANY SEALED BID MAY BE RECEIVED AND SECURED  THROUGH  AN  ELECTRONIC
 PLATFORM AS PERMITTED BY THE AUTHORITY, AND THAT ANY SEALED BID RECEIVED
 ELECTRONICALLY  IS  MADE  PUBLIC AT THE SAME TIME AS ANY COMPETING PAPER
 BID. THE AUTHORITY SHALL, AT MINIMUM, PROVIDE THE SAME  OPPORTUNITY  AND
 TIME  FOR SUBMITTING SEALED BIDS PHYSICALLY AS FOR SEALED BIDS SUBMITTED
 ELECTRONICALLY, AND SHALL PROVIDE THE OPPORTUNITY FOR BIDDERS TO  SUBMIT
 SEALED  BIDS  PHYSICALLY  ANY  TIME  THAT IT PROVIDES THE OPPORTUNITY TO
 SUBMIT SEALED ELECTRONIC BIDS. IN ADDITION, THE AUTHORITY  SHALL  ESTAB-
 LISH  A  PROCESS FOR ACCOMMODATING FORCE MAJEURE EVENTS THAT PREVENT THE
 SUBMISSION OF A SEALED ELECTRONIC BID,  INCLUDING  BUT  NOT  LIMITED  TO
 INTERNET  AND  POWER  OUTAGE  EVENTS,  AND  FOR AUTOMATICALLY CONFIRMING
 RECEIPT OF ANY SEALED ELECTRONIC BID  RECEIVED.  All  bidders  shall  be
 notified of the time and place of any such adjournment.
   § 3. This act shall take effect immediately.

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