S T A T E O F N E W Y O R K
________________________________________________________________________
7212
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
___________
Introduced by M. of A. FINCH, KOLB -- Multi-Sponsored by -- M. of A.
CROUCH -- read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorizing
the city of Auburn to prefer businesses located in the county of Cayu-
ga 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; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, 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
FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER AND IF THE
PRINCIPAL PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
OF CAYUGA. In any case where a responsible bidder's gross price is
reducible by an allowance for the value of used machinery, equipment,
apparatus 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. For purposes of this section, "sealed bids",
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00833-01-9
A. 7212 2
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. Subdivision 1 of section 103 of the general municipal law, as
amended by chapter 413 of the laws of 1991, 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 AUBURN, 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
FIVE PERCENT OF THE BID OF THE LOWEST RESPONSIBLE BIDDER AND IF THE
PRINCIPAL PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
OF CAYUGA.
S 3. 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 be subject to the expiration and rever-
sion of such subdivision pursuant to subdivision (a) of section 41 of
part X of chapter 62 of the laws of 2003, as amended, when upon such
date the provisions of section two of this act shall take effect.