Assembly Bill A2710

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

                                  2710

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law, in  relation  to  giving  the
  city  of  Rochester the power to prefer minority and women-owned busi-
  nesses in awarding public contracts

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

  Section  1. Subdivision 1 of section 103 of the general municipal law,
as amended by chapter 741 of the laws of 2005, is  amended  to  read  as
follows:
  1. 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  twenty thousand dollars and all purchase contracts involving
an expenditure of more than ten 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 secu-
rity after advertisement for sealed bids in the manner provided by  this
section. In any case where a responsible bidder's gross price is reduci-
ble  by an allowance for the value of used machinery, equipment, appara-
tus or tools to be traded in by a political subdivision, the gross price
shall be reduced by the amount of such allowance,  for  the  purpose  of
determining  the low bid. In cases where two or more responsible bidders
furnishing the required security submit identical bids as to price, such
officer, board or agency may award the contract to any of such  bidders.
Such  officer, board or agency may, in his or its discretion, reject all
bids and readvertise for  new  bids  in  the  manner  provided  by  this
section;  PROVIDED,  HOWEVER,  THAT IN THE CITY OF ROCHESTER, FOR PUBLIC
WORKS AND PURCHASE CONTRACTS UP TO ONE HUNDRED  THOUSAND  DOLLARS,  SUCH
CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05693-01-9
              

A. 2710                             2

FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER, IF THE PRINCI-
PAL PLACE OF BUSINESS OF SUCH BIDDER IS  LOCATED  WITHIN  THE  ROCHESTER
METROPOLITAN  STATISTICAL AREA, SUCH BIDDER IS CERTIFIED BY THE STATE OF
NEW  YORK  AS  A MINORITY OR WOMEN-OWNED BUSINESS AND SUCH AWARD IS MADE
PURSUANT  TO  A  MINORITY/WOMEN  BUSINESS  ENTERPRISE  PROGRAM  LAWFULLY
ADOPTED BY THE CITY OF ROCHESTER.  For purposes of this section, "sealed
bids",  as  that  term applies to purchase contracts, shall include bids
submitted in an electronic format, provided that the governing board  of
the political subdivision or district, by resolution, has authorized the
receipt of bids in such format. Submission in electronic format may not,
however, be required as the sole method for the submission of bids. Bids
submitted in an electronic format shall be transmitted by bidders to the
receiving  device  designated  by the political subdivision or district.
Any method used to receive electronic bids  shall  comply  with  article
three of the state technology law, and any rules and regulations promul-
gated  and  guidelines  developed thereunder and, at a minimum, must (a)
document the time and date of receipt of  each  bid  received  electron-
ically;  (b)  authenticate  the  identity  of the sender; (c) ensure the
security of the information transmitted; and (d)  ensure  the  confiden-
tiality  of  the bid until the time and date established for the opening
of bids. The timely submission of an electronic bid in  compliance  with
instructions  provided for such submission in the advertisement for bids
and/or the specifications shall be the  responsibility  solely  of  each
bidder or prospective bidder. No political subdivision or district ther-
ein  shall  incur  any  liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivision 1 of section 103 of the general municipal
law made by section one of this act shall not affect the  expiration  of
such subdivision and shall be deemed to expire therewith.