S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2951
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 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.
              

                                                            LBD00964-01-9

 A. 2951                             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  A MINORITY OR WOMAN-OWNED BUSINESS CERTIFIED AS SUCH BY THE
 STATE OF NEW YORK AND LOCATED WITHIN THE ROCHESTER METROPOLITAN  STATIS-
 TICAL  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 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

 A. 2951                             3
 
 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. 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.