S T A T E   O F   N E W   Y O R K
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                                  5997

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 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 A MINORITY OR WOMAN-OWNED BUSINESS CERTIFIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05689-01-9
              

A. 5997                             2

AS SUCH BY THE STATE OF NEW YORK AND LOCATED WITHIN THE ROCHESTER METRO-
POLITAN  STATISTICAL  AREA, AS LONG AS SUCH AWARD IS BASED ON CONTRACTOR
SUBMISSIONS IN RESPONSE TO A REQUEST FOR PROPOSALS AND MADE PURSUANT  TO
A  MINORITY AND WOMAN-OWNED 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 poli-
tical subdivision or district, by resolution, has authorized the receipt
of bids in such format. Submission in electronic format may not,  howev-
er,  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 that the amend-
ments 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.