NY State Senate Bill 2023-S7362

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 17, 2023	signed chap.668
Nov 13, 2023	delivered to governor
Jun 10, 2023	returned to senate passed assembly ordered to third reading rules cal.848 substituted for a7685 referred to ways and means delivered to assembly passed senate
Jun 08, 2023	ordered to third reading cal.1822 committee discharged and committed to rules
Jun 07, 2023	print number 7362a
Jun 07, 2023	amend (t) and recommit to procurement and contracts
May 19, 2023	referred to procurement and contracts

Votes

- Jun 10, 2023 - Floor Vote
  S7362
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S7362
  
  18
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Helming
      
      O'Mara
      
      Stec

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7362 - Details

Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L; amd Part X §41, Chap 62 of 2003

2023-S7362 - Summary

Allows a city with a population of one million inhabitants or more, or any district, board or agency with jurisdiction exclusively within such city, to authorize or require bids and offers for any contract to be submitted in an electronic format; provides such city, district, board or agency may conduct a public opening and reading of bids or identification of offerers.

2023-S7362 - Sponsor Memo

                                 
BILL NUMBER: S7362

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general municipal law and part X of chapter 62 of
the laws of 2003 amending the general business law and other laws gener-
ally relating to implementing the state fiscal plan for the 2003-2004
state fiscal year, in relation to electronic bidding

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill would amend subdivisions one and two
of General Municipal Law § 103 to provide that the appropriate officer,
board or agency of a city with a population of one million inhabitants
or more may authorize or require bids and offers to be submitted elec-
tronically, regardless of the type of contract being procured, including
bids and offers for contracts for public works.  This legislation would
provide that any district, board or agency having jurisdiction exclu-
sively within such city also possesses such authority.

The amendments to subdivision two of General Municipal Law § 103 would
also authorize such officers, boards, agencies and districts to conduct

openings and readings of bids and identification of offerers by public
livestream, rather than through an in-person procedure.  Each contract
advertisement would be required to list the internet address of the
website featuring the livestream and the time and date of the livestr-
earn. The officer, board, agency or district would be required to post a
record of the bids and offers it received and any other required infor-
mation on such website on such date, or as soon as practicable thereaft-
er. This provision is not intended to require the release of any infor-
mation that would otherwise be treated as confidential.

Section three of the bill would extend certain electronic bidding
provisions of the General Municipal Law and the Local Finance Law until
June 1, 2028.

Section four of the bill provides that it would take effect immediately
and the authority provided through sections one and two of this bill
would not apply to solicitations released prior to such date. It also
provides that section three applies retroactively if the act is enacted
after June 1, 2023.

The amendments proposed through sections one and two of this bill would
expire on June 1, 2028, along with other electronic bidding provisions
of General Municipal Law § 103.

 
REASONS FOR SUPPORT:

Procurement plays a central role in government's ability to deliver
goods and services to New Yorkers, and bidding is an important part of
the procurement process. Currently, State law does not allow for a fully
digital bidding process; vendors are generally required to submit a
paper bid along with their digital submission that goes through New York
City's digital procurement system. Paper bids are an administrative
burden on all vendors and are particularly difficult for small vendors
that may not have the staff capacity and niche experience necessary to
navigate New York City's complex paper bid submission process. Paper

bids are also difficult for New York City agencies, adding approximately
two days per bid in administrative processing time.

By contrast, electronic bidding decreases the administrative burdens and
the costs that accompany the current paper-based process, and serves to
make the process more transparent to agencies, vendors, and the public.
In so doing, electronic submission and receipt of bids and offers will
help eliminate some of the barriers to entry into the procurement space
for vendors, thereby increasing competition and value for the City of
New York. Yet, the existing, limited authority for electronic bid
submissions expires in June.

By authorizing New York City to require electronic bids or offers on a
contract-by-contract basis and extending the existing electronic bidding
provisions, this bill would bring procurement into the 21st century and
will result in faster, more economical delivery of goods and services to
everyday New Yorkers.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

Respectfully submitted,

CHRISTOPHER G. ELLIS, Jr. Director

2023-S7362 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7362
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- (at request of the NYC Mayor's Office of
   Contract Services) -- read twice and ordered printed, and when printed
   to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the general municipal law and 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11218-01-3

 S. 7362                             2
 
 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 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. NOTWITHSTANDING ANY OTHER
 PROVISION OF THIS SECTION, 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, AND WITH RESPECT TO SUCH CONTRACTS,
 THE TERMS "SEALED BIDS" AND  "SEALED  OFFERS"  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. 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
 S. 7362                             3
 
 offers.  The  timely submission of an electronic bid or offer in compli-
 ance 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  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, OR IN A CITY WITH A
 POPULATION  OF ONE MILLION INHABITANTS OR MORE OR ANY DISTRICT, BOARD OR
 AGENCY WITH JURISDICTION EXCLUSIVELY THEREIN, THE  APPROPRIATE  OFFICER,
 DISTRICT,  BOARD  OR  AGENCY,  has authorized OR REQUIRED 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. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
 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, SHALL CONDUCT A PUBLIC  OPEN-
 ING  AND  READING  OF  BIDS OR IDENTIFICATION OF OFFERERS, PROVIDED THAT
 SUCH DISTRICT, OFFICER, BOARD OR AGENCY MAY  CONDUCT  SUCH  OPENING  AND
 READING OR IDENTIFICATION BY MEANS OF LIVESTREAMING ON A PUBLICLY ACCES-
 SIBLE  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 OR AS SOON AS PRACTICA-
 BLE THEREAFTER. At least five days shall elapse between the first publi-
 cation of such advertisement and the date so specified for  the  opening
 and reading of bids and offers.
   §  3.  Section 41 of part X of chapter 62 of the laws of 2003 amending
 the general business law and other laws generally relating to implement-
 ing the state fiscal plan  for  the  2003-2004  state  fiscal  year,  as
 amended  by  chapter  70  of  the  laws  of  2018, is amended to read as
 follows:
   § 41. This act shall take effect immediately; provided, however,
   (a) that sections four, five, six, seven, eight and nine of  this  act
 shall  expire  June 1, [2023] 2028 when upon such date the provisions of
 such sections shall be deemed repealed;
   (b) section thirty-nine of this act shall be deemed to  have  been  in
 full  force  and  effect  on  and after April 1, 2003; provided that the
 provisions of subdivision 9 of section 54 of the state finance  law,  as
 S. 7362                             4
 
 added  by  section  thirty-nine  of this act, shall expire and be deemed
 repealed at the close of the state fiscal year ending on March 31, 2004;
 and
   (c)  section  forty  of  this act shall be deemed to have been in full
 force and effect on and after April 1, 2003.
   § 4. This act shall take effect immediately; provided, however, 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;
   (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; and
   (c) if this act shall become a law after June 1, 2023, the  amendments
 to  subdivision (a) of section 41 of part X of chapter 62 of the laws of
 2003, made by section three of this act shall be deemed to have been  in
 effect on and after such date.

co-Sponsors

2023-S7362A (ACTIVE) - Details

Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L; amd Part X §41, Chap 62 of 2003

2023-S7362A (ACTIVE) - Summary

2023-S7362A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7362A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to electronic
bidding

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize the City of New York, and agen-
cies within, to require electronic bidding.

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill would provide that the appropriate
officer, board or agency of the City of New York may require bids and
offers may be submitted electronically. This legislation would provide
that any district, board or agency having jurisdiction exclusively with-
in such city also possesses such authority.  This bill would also
authorize such officers, boards, agencies and districts to conduct
openings and readings of bids and identification of offerers by public

livestream, rather than through an in-person procedure.

Section three of the bill contains the effective date.

 
JUSTIFICATION:

Procurement plays a central role in government's ability to deliver
goods and services to New Yorkers, and bidding is an important part of
the procurement process. Currently, State law does not allow for a fully
digital bidding process; vendors are generally required to submit a
paper bid along with their digital submission that goes through New York
City's digital procurement system. Paper bids are an administrative
burden on all vendors and are particularly difficult for small vendors
that may not have the staff capacity and niche experience necessary to
navigate New York City's complex paper bid submission process. Paper
bids are also difficult for New York City agencies, adding approximately
two days per bid in administrative processing time.

By contrast, electronic bidding decreases the administrative burdens and
the costs that accompany the current paper-based process, and serves to
make the process more transparent to agencies, vendors, and the public.
In so doing, electronic submission and receipt of bids and offers will
help eliminate some of the barriers to entry into the procurement space
for vendors, thereby increasing competition and value for the City of
New York. Yet, the existing, limited authority for electronic bid
submissions expires in June. By authorizing New York City to require
electronic bids or offers on a contract-by-contract basis. This bill
would bring procurement into the 21st century and will result in faster,
more economical delivery of goods and services.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

None to the State.
 
EFFECTIVE DATE:
This act would take effect March 1, 2024.

2023-S7362A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7362--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sens.  COONEY,  PARKER -- (at request of the NYC Mayor's
   Office of Contract Services) -- read twice and  ordered  printed,  and
   when  printed  to  be  committed  to  the Committee on Procurement and
   Contracts -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11218-05-3

 S. 7362--A                          2
 
 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 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
 S. 7362--A                          3
 
 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  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.

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Senate Bill S7362

Sponsored By

Current Bill Status - Signed by Governor

Jun 10, 2023 - Floor Vote

Floor Vote: Jun 10, 2023

Jun 9, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 9, 2023

Bill Amendments

co-Sponsors

2023-S7362 - Details

2023-S7362 - Summary

2023-S7362 - Sponsor Memo

2023-S7362 - Bill Text download pdf

co-Sponsors

2023-S7362A (ACTIVE) - Details

2023-S7362A (ACTIVE) - Summary

2023-S7362A (ACTIVE) - Sponsor Memo

2023-S7362A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7362

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Sponsored By

Jeremy A. Cooney

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Kevin S. Parker

2023-S7362 - Details

2023-S7362 - Summary

2023-S7362 - Sponsor Memo

2023-S7362 - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2023-S7362A (ACTIVE) - Details

2023-S7362A (ACTIVE) - Summary

2023-S7362A (ACTIVE) - Sponsor Memo

2023-S7362A (ACTIVE) - Bill Text download pdf

Comments