S T A T E O F N E W Y O R K
________________________________________________________________________
10214
I N A S S E M B L Y
February 12, 2026
___________
Introduced by M. of A. SHIMSKY -- 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 chapter 668 of the laws of 2023, 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] SEVEN-
TY-FIVE 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, howev-
er, 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14750-01-6
A. 10214 2
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] THEIR 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. 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 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.
§ 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. 10214 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] SEVEN-
TY-FIVE 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, howev-
er, 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] THEIR 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.