S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6324
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FINCH, KOLB -- 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 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.
              

                                                            LBD00776-01-7

 A. 6324                             2
 
 services, by rule, regulation or resolution adopted at a public meeting;
 PROVIDED  FURTHER, 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  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
 subdivision, 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  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  or  offers  and
 readvertise  for  new  bids  or  offers  in  the manner provided by this
 section. In determining 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  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-
 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

 A. 6324                             3
 
 receiving device designated for the submission and receipt of electronic
 bids and offers.
   §  2.  Subdivision  1  of section 103 of the general municipal law, as
 amended by section 2 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  of  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
 services, by rule, regulation or resolution adopted at a public meeting.
 In determining whether a purchase is an expenditure within  the  discre-
 tionary  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.  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 subdivision, the gross
 price shall be reduced by the amount of such allowance, for the  purpose
 of  determining  the  low  bid or best value. 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,  her
 or  its  discretion,  reject  all bids or offers and readvertise for new
 bids or offers in the manner provided by this section; PROVIDED,  HOWEV-
 ER,  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.

 A. 6324                             4

   §  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.