S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5571
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend the general municipal law, in relation to advertising
   for bids and offers; letting of 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] ONE HUNDRED TWENTY-FIVE thousand dollars and all
 purchase contracts involving an expenditure of more than [twenty] EIGHTY
 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 responsi-
 ble 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 pursuant 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 juris-
 diction 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  services,  by  rule,  regulation or resolution
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08137-01-9

 A. 5571                             2
 
 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  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 agen-
 cy 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
 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:

 A. 5571                             3

   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] ONE HUNDRED TWENTY-FIVE thousand dollars and all
 purchase contracts involving an expenditure of more than [twenty] EIGHTY
 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 responsi-
 ble 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 pursuant 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 juris-
 diction 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 cooper-
 ative educational services, by rule, regulation or resolution adopted at
 a public meeting. In determining whether a purchase  is  an  expenditure
 within  the discretionary threshold amounts established by this subdivi-
 sion, 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.  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 agen-
 cy 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.
   §  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.