S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4761

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in  relation  to  authorizing
  the city of Auburn to prefer businesses located in the county of Cayu-
  ga 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  chapter  741 of the laws of 2005, 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 twenty thousand dollars and all purchase  contracts  involving
an  expenditure  of  more than ten 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 secu-
rity  after advertisement for sealed bids in the manner provided by this
section; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
AND  PURCHASE  CONTRACTS  UP  TO  ONE  HUNDRED  THOUSAND  DOLLARS,  SUCH
CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
FIVE PERCENT OF THE BID OF THE LOWEST  RESPONSIBLE  BIDDER  AND  IF  THE
PRINCIPAL  PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
OF CAYUGA.  In any case where a  responsible  bidder'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.  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  its
discretion,  reject  all bids and readvertise for new bids in the manner
provided by this section. For purposes of this section,  "sealed  bids",

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00833-01-9

S. 4761                             2

as that term applies to purchase contracts, shall include bids submitted
in  an electronic format, provided that the governing board of the poli-
tical subdivision or district, by resolution, has authorized the receipt
of  bids in such format. Submission in electronic format may not, howev-
er, be required as the sole method for  the  submission  of  bids.  Bids
submitted in an electronic format shall be transmitted by bidders to the
receiving  device  designated  by the political subdivision or district.
Any method used to receive electronic bids  shall  comply  with  article
three of the state technology law, and any rules and regulations promul-
gated  and  guidelines  developed thereunder and, at a minimum, must (a)
document the time and date of receipt of  each  bid  received  electron-
ically;  (b)  authenticate  the  identity  of the sender; (c) ensure the
security of the information transmitted; and (d)  ensure  the  confiden-
tiality  of  the bid until the time and date established for the opening
of bids. The timely submission of an electronic bid in  compliance  with
instructions  provided for such submission in the advertisement for bids
and/or the specifications shall be the  responsibility  solely  of  each
bidder or prospective bidder. No political subdivision or district ther-
ein  shall  incur  any  liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids.
  S 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
amended  by  chapter  413  of  the  laws  of 1991, 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 twenty thousand dollars and all purchase  contracts  involving
an  expenditure  of  more than ten 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 secu-
rity  after advertisement for sealed bids in the manner provided by this
section. In any case where a responsible bidder's gross price is reduci-
ble by an allowance for the value of used machinery, equipment,  appara-
tus 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. 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 its discretion, reject  all
bids  and  readvertise  for  new  bids  in  the  manner provided by this
section; PROVIDED, HOWEVER, THAT IN THE CITY OF AUBURN, FOR PUBLIC WORKS
AND  PURCHASE  CONTRACTS  UP  TO  ONE  HUNDRED  THOUSAND  DOLLARS,  SUCH
CONTRACTS  MAY  BE AWARDED TO THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN
FIVE PERCENT OF THE BID OF THE LOWEST  RESPONSIBLE  BIDDER  AND  IF  THE
PRINCIPAL  PLACE OF BUSINESS OF SUCH BIDDER IS LOCATED WITHIN THE COUNTY
OF CAYUGA.
  S 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.