S T A T E O F N E W Y O R K
________________________________________________________________________
8238
2023-2024 Regular Sessions
I N A S S E M B L Y
November 6, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to public works
requiring advertising for bids and offers; and to amend the highway
law, in relation to consolidated local highway assistance payments
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] SEVENTY thousand dollars and all purchase
contracts involving an expenditure of more than [twenty] FORTY 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 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 poli-
tical 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 cooper-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13113-02-3
A. 8238 2
ative educational services, by rule, regulation or resolution adopted at
a public meeting. In any case where a responsible bidder's or responsi-
ble 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 poli-
tical 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
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. 8238 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] SEVENTY thousand dollars and all purchase
contracts involving an expenditure of more than [twenty] FORTY 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 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 poli-
tical 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 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. Paragraph (e) of subdivision 4 of section 10-c of the highway
law, as amended by section 1 of part A of chapter 58 of the laws of
2020, is amended to read as follows:
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project [either] with
the municipality's own forces [or by contract, provided however, that
whenever the estimate for the construction contract work exceeds one
hundred thousand dollars but does not exceed three hundred fifty thou-
sand dollars such work must be performed either with the municipality's
A. 8238 4
own forces] or by contract let by competitive bid in accordance with the
provisions of section one hundred three of the general municipal law
[and provided further, however, that whenever the estimate for the
construction contract work exceeds three hundred fifty thousand dollars
such work must be performed by contract let by competitive bid in
accordance with the provisions of section one hundred three of the
general municipal law].
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments 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 reversion of such subdi-
vision 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.