S T A T E O F N E W Y O R K
________________________________________________________________________
829
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
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 section 1 of part FF of chapter 56 of the laws of 2010, 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 thirty-five thousand dollars and all purchase contracts
involving an expenditure of more than twenty 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 security after advertisement for sealed bids in the manner
provided by this section. 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 subdivi-
sion, 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 her
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03386-01-1
A. 829 2
THOUSAND DOLLARS, SUCH CONTRACTS MAY BE AWARDED TO A MINORITY OR WOMAN-
OWNED BUSINESS CERTIFIED AS SUCH BY THE STATE OF NEW YORK AND LOCATED
WITHIN THE ROCHESTER METROPOLITAN 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. In deter-
mining whether a purchase is an expenditure within the discretionary
threshold amounts established by this subdivision, the officer, board or
agency of a political subdivision or of any district therein shall
consider the reasonably expected aggregate amount of all purchases of
the same commodities, services or technology to be made within the
twelve-month period commencing on the date of purchase. Purchases of
commodities, services or technology shall not be artificially divided
for the purpose of satisfying the discretionary buying thresholds estab-
lished by this subdivision. A change to or a renewal of a discretionary
purchase shall not be permitted if the change or renewal would bring the
reasonably expected aggregate amount of all purchases of the same
commodities, services or technology from the same provider within the
twelve-month period commencing on the date of the first purchase to an
amount greater than the discretionary buying threshold amount. For
purposes of this section, "sealed bids", as that term applies to
purchase contracts, shall include bids submitted in an electronic format
including submission of the statement of non-collusion required by
section one hundred three-d of this article, 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, for technology contracts only, be required as the sole meth-
od 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 elec-
tronic bids shall comply with article three of the state technology law,
and any rules and regulations promulgated and guidelines developed ther-
eunder and, at a minimum, must (a) document the time and date of receipt
of each bid received electronically; (b) authenticate the identity of
the sender; (c) ensure the security of the information transmitted; and
(d) ensure the confidentiality of the bid until the time and date estab-
lished 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 responsi-
bility solely of each bidder or prospective bidder. No political subdi-
vision or district therein 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.