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

                                   926

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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

                                                           LBD03465-01-3

A. 926                              2

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 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 THE RESPONSIBLE BIDDER WHOSE BID IS WITHIN  FIVE  PERCENT  OF
THE  BID  OF  THE  LOWEST  RESPONSIBLE BIDDER, IF THE PRINCIPAL PLACE OF
BUSINESS OF SUCH BIDDER IS LOCATED  WITHIN  THE  ROCHESTER  METROPOLITAN
STATISTICAL AREA, SUCH BIDDER IS CERTIFIED BY THE STATE OF NEW YORK AS A
MINORITY  OR  WOMEN-OWNED  BUSINESS AND SUCH AWARD IS MADE PURSUANT TO A
MINORITY/WOMEN BUSINESS ENTERPRISE PROGRAM LAWFULLY ADOPTED BY THE  CITY
OF ROCHESTER.  In determining whether a purchase is an expenditure with-
in  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

A. 926                              3

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.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments 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.