S T A T E O F N E W Y O R K
________________________________________________________________________
7685
2023-2024 Regular Sessions
I N A S S E M B L Y
June 5, 2023
___________
Introduced by M. of A. BURGOS, BRAUNSTEIN -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the general municipal law, in relation to electronic
bidding
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
corporation, school district or board of cooperative educational
services, by rule, regulation or resolution adopted at a public meeting.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11218-04-3
A. 7685 2
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. In deter-
mining 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 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. 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 includ-
ing 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 meth-
od for the submission of bids and offers. PROVIDED HOWEVER, THE APPRO-
PRIATE 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.
A. 7685 3
§ 2. Subdivision 2 of section 103 of the general municipal law, as
amended by section 1 of chapter 367 of the laws of 2014, is amended to
read as follows:
2. Advertisement for bids and offers shall be published in the offi-
cial newspaper or newspapers, if any, or otherwise in a newspaper or
newspapers designated for such purpose and may be published in the
procurement opportunities newsletter pursuant to article four-C of the
economic development law. Such advertisement shall contain a statement
of the time when and place where all bids received pursuant to such
notice will be publicly opened and read and where the identity of all
offerers will be publicly disclosed, and the designation of the receiv-
ing device if the political subdivision or district has authorized the
receipt of bids and offers in an electronic format. Such board or agency
may by resolution designate any officer or employee to open the bids and
offers at the time and place specified in the notice. Such designee
shall make a record of such bids and offers in such form and detail as
the board or agency shall prescribe and present the same at the next
regular or special meeting of such board or agency. All bids received
shall be publicly opened and read at the time and place so specified and
the identity of all offerers shall be publicly disclosed at the time and
place so specified. 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 CONDUCT A PUBLIC OPENING, READING AND IDENTIFICATION BY
MEANS OF LIVESTREAMING ON A PUBLICLY ACCESSIBLE WEBSITE LISTED IN THE
ADVERTISEMENT AT A TIME AND DATE SPECIFIED IN SUCH ADVERTISEMENT, AND
POST A RECORD OF SUCH BIDS OR OFFERS AND ANY OTHER REQUIRED INFORMATION
ON A WEBSITE MAINTAINED OR CONTROLLED BY SUCH DISTRICT, OFFICER, BOARD
OR AGENCY ON SUCH DATE WITHIN FIVE DAYS. At least five days shall elapse
between the first publication of such advertisement and the date so
specified for the opening and reading of bids and offers.
§ 3. This act shall take effect March 1, 2024; provided, however, that
if the chapter of the laws of 2023 amending part X of chapter 62 of the
laws of 2003 amending the general business law and other laws generally
relating to implementing the state fiscal plan for the 2003-2004 state
fiscal year, relating to extending certain provisions of the general
municipal law and the local finance law relating to electronic bidding,
as proposed in legislative bills numbers S. 7363-A and A. 7445, shall
not have taken effect on or before such date then sections one and two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2023 takes effect; and provided, further,
that:
(a) the amendments to subdivisions 1 and 2 of section 103 of the
general municipal law made by sections one and two of this act shall not
apply to any solicitation released prior to the date upon which this act
takes effect; and
(b) the amendments to subdivisions 1 and 2 of section 103 of the
general municipal law made by sections one and two of this act shall not
affect the expiration and reversion of such subdivisions as provided in
subdivision (a) of section 41 of part X of chapter 62 of the laws of
2003, as amended, and shall expire and be deemed repealed therewith.