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

                                  7083

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by M. of A. FINCH, KOLB, KATZ -- Multi-Sponsored by -- M. of
  A. CROUCH -- read once and referred to the Committee on Local  Govern-
  ments

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 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.
                                                           LBD07268-01-5
              

A. 7083                             2

corporation,   school  district  or  board  of  cooperative  educational
services, by rule, regulation or resolution adopted at a public meeting;
PROVIDED FURTHER, 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 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  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

A. 7083                             3

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.  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:
  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  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  cooperative  educational
services, by rule, regulation or resolution adopted at a public meeting.
In determining whether a purchase is an expenditure within  the  discre-
tionary  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.  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 agency 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; PROVIDED,  HOWEV-
ER,  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

A. 7083                             4

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.