S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7685
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2023
                                ___________
 
 Introduced  by  M. of A. BURGOS, BRAUNSTEIN -- read once and referred to
   the Committee on Ways and Means
 
 AN ACT to amend the general municipal law,  in  relation  to  electronic
   bidding
 
   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
 services, by rule, regulation or resolution adopted at a public meeting.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11218-04-3
              

 A. 7685                             2
 
 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. 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" 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 includ-
 ing 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 meth-
 od for the submission of bids and offers. PROVIDED HOWEVER,  THE  APPRO-
 PRIATE  OFFICER,  BOARD  OR  AGENCY  OF  A CITY WITH A POPULATION OF ONE
 MILLION INHABITANTS OR MORE, OR  ANY  DISTRICT,  BOARD  OR  AGENCY  WITH
 JURISDICTION EXCLUSIVELY WITHIN SUCH CITY, MAY AUTHORIZE OR REQUIRE BIDS
 AND  OFFERS  FOR  ANY  CONTRACT TO BE SUBMITTED IN AN ELECTRONIC FORMAT.
 Bids and offers submitted in an electronic format shall  be  transmitted
 by  bidders and offerers to the receiving device designated by the poli-
 tical 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 specifications 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.
 A. 7685                             3
 
   § 2. Subdivision 2 of section 103 of the  general  municipal  law,  as
 amended  by  section 1 of chapter 367 of the laws of 2014, is amended to
 read as follows:
   2.  Advertisement  for bids and offers shall be published in the offi-
 cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
 newspapers  designated  for  such  purpose  and  may be published in the
 procurement opportunities newsletter pursuant to article four-C  of  the
 economic  development  law. Such advertisement shall contain a statement
 of the time when and place where all  bids  received  pursuant  to  such
 notice  will  be  publicly opened and read and where the identity of all
 offerers will be publicly disclosed, and the designation of the  receiv-
 ing  device  if the political subdivision or district has authorized the
 receipt of bids and offers in an electronic format. Such board or agency
 may by resolution designate any officer or employee to open the bids and
 offers at the time and place specified  in  the  notice.  Such  designee
 shall  make  a record of such bids and offers in such form and detail as
 the board or agency shall prescribe and present the  same  at  the  next
 regular  or  special  meeting of such board or agency. All bids received
 shall be publicly opened and read at the time and place so specified and
 the identity of all offerers shall be publicly disclosed at the time and
 place so specified. PROVIDED, HOWEVER, THE APPROPRIATE OFFICER, BOARD OR
 AGENCY OF A CITY WITH A POPULATION OF ONE MILLION INHABITANTS  OR  MORE,
 OR  ANY  DISTRICT,  BOARD OR AGENCY WITH JURISDICTION EXCLUSIVELY WITHIN
 SUCH CITY, MAY CONDUCT A PUBLIC OPENING, READING AND  IDENTIFICATION  BY
 MEANS  OF  LIVESTREAMING  ON A PUBLICLY ACCESSIBLE WEBSITE LISTED IN THE
 ADVERTISEMENT AT A TIME AND DATE SPECIFIED IN  SUCH  ADVERTISEMENT,  AND
 POST  A RECORD OF SUCH BIDS OR OFFERS AND ANY OTHER REQUIRED INFORMATION
 ON A WEBSITE MAINTAINED OR CONTROLLED BY SUCH DISTRICT,  OFFICER,  BOARD
 OR AGENCY ON SUCH DATE WITHIN FIVE DAYS. At least five days shall elapse
 between  the  first  publication  of  such advertisement and the date so
 specified for the opening and reading of bids and offers.
   § 3. This act shall take effect March 1, 2024; provided, however, that
 if the chapter of the laws of 2023 amending part X of chapter 62 of  the
 laws  of 2003 amending the general business law and other laws generally
 relating to implementing the state fiscal plan for the  2003-2004  state
 fiscal  year,  relating  to  extending certain provisions of the general
 municipal law and the local finance law relating to electronic  bidding,
 as  proposed  in  legislative bills numbers S. 7363-A and A. 7445, shall
 not have taken effect on or before such date then sections one  and  two
 of this act shall take effect on the same date and in the same manner as
 such  chapter  of the laws of 2023 takes effect;  and provided, further,
 that:
   (a) the amendments to subdivisions 1 and  2  of  section  103  of  the
 general municipal law made by sections one and two of this act shall not
 apply to any solicitation released prior to the date upon which this act
 takes effect; and
   (b)  the  amendments  to  subdivisions  1  and 2 of section 103 of the
 general municipal law made by sections one and two of this act shall not
 affect the expiration and reversion of such subdivisions as provided  in
 subdivision  (a)  of  section  41 of part X of chapter 62 of the laws of
 2003, as amended, and shall expire and be deemed repealed therewith.