S T A T E O F N E W Y O R K
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1125
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
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 chapter 2 of the laws of 2012, 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, provided, however, that purchase contracts
(including contracts for service work, but excluding any purchase
contracts necessary for the completion of a public works contract pursu-
ant to article eight of the labor law) may be awarded on the basis of
best value, as defined in section one hundred sixty-three of the state
finance law, to a responsive and responsible bidder or offerer in the
manner provided by this section except that in a political subdivision
other than a city with a population of one million inhabitants or more
or any district, board or agency with jurisdiction exclusively therein
the use of best value for awarding a purchase contract or purchase
contracts must be authorized by local law or, in the case of a district
corporation, school district or board of cooperative educational
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02688-01-5
A. 1125 2
services, by rule, regulation or resolution adopted at a public meeting.
In any case where a responsible bidder's or responsible offerer'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 best value. In cases where two or
more responsible bidders furnishing the required security submit identi-
cal 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 or offers and readvertise
for new bids or offers 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 FIVE PERCENT OF
THE BID OF THE LOWEST RESPONSIBLE BIDDER, IF THE PRINCIPAL 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. In determining whether a purchase is an expenditure with-
in 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 arti-
ficially divided for the purpose of satisfying the discretionary buying
thresholds established 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" and "sealed offers",
as that term applies to purchase contracts, (including contracts for
service work, but excluding any purchase contracts necessary for the
completion of a public works contract pursuant to article eight of the
labor law) shall include bids and offers 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 and offers in such format. Submission
in electronic format may, for technology contracts only, be required as
the sole method for the submission of bids and offers. Bids and offers
submitted in an electronic format shall be transmitted by bidders and
offerers to the receiving device designated by the political subdivision
or district. Any method used to receive electronic bids and offers shall
comply with article three of the state technology law, and any rules and
regulations promulgated and guidelines developed thereunder and, at a
minimum, must (a) document the time and date of receipt of each bid and
offer 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 or offer until the time and date
established for the opening of bids or offers. The timely submission of
an electronic bid or offer in compliance with instructions provided for
such submission in the advertisement for bids or offers and/or the spec-
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ifications shall be the responsibility solely of each bidder or offerer
or prospective bidder or offerer. No political subdivision 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 and offers.
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.