|SAME AS||No Same As|
|Amd S103, Gen Muni L|
|Enables the city of Rochester to prefer minority and women-owned businesses in awarding public contracts where the contract for purchase of commodities and/or services is in the amount of $100,000 or less and a disparity in procurement opportunities has been documented for the type of such commodities and/or services for which the city is contracting.|
|01/08/2015||referred to local governments|
|01/06/2016||referred to local governments|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1204 SPONSOR: Gantt
TITLE OF BILL: An act to amend the general municipal law, in relation to giving the city of Rochester the power to prefer minority and women- owned businesses in awarding public contracts   PURPOSE OR GENERAL IDEA OF BILL: This bill would exempt the City of Rochester, under certain circumstances from the requirement of awarding various public contracts to the lowest responsible bidder.   SUMMARY OF SPECIFIC PROVISIONS: The City of Rochester would be exempt from the requirement of awarding public contracts to the lowest respon- sible bidder, where: (1) the contract for the purchase of commodities and/or services is in the amount of $100,000 or less; AND (2) a disparity in procurement opportunities has been documented for the type of commodities and/or services for which the city is contracting.   JUSTIFICATION: The City of Rochester is committed to providing equal opportunity for participation by all people in its programs and services. As part of this commitment, the City has established various goals or objectives for the participation of minority and women-owned businesses in City procurement opportunities. These goals are based upon empirical evidence, as required by the U.S. Supreme Court in its decision in CITY OF RICHMOND V. J.A. CROSON.ct. They apply only to services and commodities for which a past "disparity" in procurement opportunities has been documented. Achievement of these goals is sometimes impaired, however, by the purchasing procedures prescribed by the General Municipal Law. Under these procedures, public contracts usually must be awarded to the busi- ness or person who submits the lowest bid. This requirement provides no flexibility for a municipality to attempt to address the various disadvantages with which most minority and women-owned businesses are confronted. Among these disadvantages are the inexperience and relatively small size of most of these types of busi- nesses. As a result of these disadvantages, minority and women-owned businesses frequently are unable to compete economically with other, older and more established companies. The proposed bill would permit the City of Rochester to recognize these disadvantages and, within specified limits, to compensate for them. On an annual basis, it is expected that the provisions of the bill would apply to about 50-60 contracts with values totalling $1.8-$2.0 million.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 1204 2015-2016 Regular Sessions IN ASSEMBLY January 8, 2015 ___________ 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: 1 Section 1. Subdivision 1 of section 103 of the general municipal law, 2 as amended by section 1 of chapter 2 of the laws of 2012, is amended to 3 read as follows: 4 1. Except as otherwise expressly provided by an act of the legislature 5 or by a local law adopted prior to September first, nineteen hundred 6 fifty-three, all contracts for public work involving an expenditure of 7 more than thirty-five thousand dollars and all purchase contracts 8 involving an expenditure of more than twenty thousand dollars, shall be 9 awarded by the appropriate officer, board or agency of a political 10 subdivision or of any district therein including but not limited to a 11 soil conservation district to the lowest responsible bidder furnishing 12 the required security after advertisement for sealed bids in the manner 13 provided by this section, provided, however, that purchase contracts 14 (including contracts for service work, but excluding any purchase 15 contracts necessary for the completion of a public works contract pursu- 16 ant to article eight of the labor law) may be awarded on the basis of 17 best value, as defined in section one hundred sixty-three of the state 18 finance law, to a responsive and responsible bidder or offerer in the 19 manner provided by this section except that in a political subdivision 20 other than a city with a population of one million inhabitants or more 21 or any district, board or agency with jurisdiction exclusively therein 22 the use of best value for awarding a purchase contract or purchase 23 contracts must be authorized by local law or, in the case of a district 24 corporation, school district or board of cooperative educational EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02690-01-5A. 1204 2 1 services, by rule, regulation or resolution adopted at a public meeting. 2 In any case where a responsible bidder's or responsible offerer's gross 3 price is reducible by an allowance for the value of used machinery, 4 equipment, apparatus or tools to be traded in by a political subdivi- 5 sion, the gross price shall be reduced by the amount of such allowance, 6 for the purpose of determining the best value. In cases where two or 7 more responsible bidders furnishing the required security submit identi- 8 cal bids as to price, such officer, board or agency may award the 9 contract to any of such bidders. Such officer, board or agency may, in 10 his or her or its discretion, reject all bids or offers and readvertise 11 for new bids or offers in the manner provided by this section; provided, 12 however, that in the city of Rochester, for public works and purchase 13 contracts up to one hundred thousand dollars, such contracts may be 14 awarded to a minority or woman-owned business certified as such by the 15 state of New York and located within the Rochester metropolitan statis- 16 tical area, as long as such award is based on contractor submissions in 17 response to a request for proposals and made pursuant to a minority and 18 woman-owned business enterprise program lawfully adopted by the city of 19 Rochester. In determining whether a purchase is an expenditure within 20 the discretionary threshold amounts established by this subdivision, the 21 officer, board or agency of a political subdivision or of any district 22 therein shall consider the reasonably expected aggregate amount of all 23 purchases of the same commodities, services or technology to be made 24 within the twelve-month period commencing on the date of purchase. 25 Purchases of commodities, services or technology shall not be arti- 26 ficially divided for the purpose of satisfying the discretionary buying 27 thresholds established by this subdivision. A change to or a renewal of 28 a discretionary purchase shall not be permitted if the change or renewal 29 would bring the reasonably expected aggregate amount of all purchases of 30 the same commodities, services or technology from the same provider 31 within the twelve-month period commencing on the date of the first 32 purchase to an amount greater than the discretionary buying threshold 33 amount. For purposes of this section, "sealed bids" and "sealed offers", 34 as that term applies to purchase contracts, (including contracts for 35 service work, but excluding any purchase contracts necessary for the 36 completion of a public works contract pursuant to article eight of the 37 labor law) shall include bids and offers submitted in an electronic 38 format including submission of the statement of non-collusion required 39 by section one hundred three-d of this article, provided that the 40 governing board of the political subdivision or district, by resolution, 41 has authorized the receipt of bids and offers in such format. Submission 42 in electronic format may, for technology contracts only, be required as 43 the sole method for the submission of bids and offers. Bids and offers 44 submitted in an electronic format shall be transmitted by bidders and 45 offerers to the receiving device designated by the political subdivision 46 or district. Any method used to receive electronic bids and offers shall 47 comply with article three of the state technology law, and any rules and 48 regulations promulgated and guidelines developed thereunder and, at a 49 minimum, must (a) document the time and date of receipt of each bid and 50 offer received electronically; (b) authenticate the identity of the 51 sender; (c) ensure the security of the information transmitted; and (d) 52 ensure the confidentiality of the bid or offer until the time and date 53 established for the opening of bids or offers. The timely submission of 54 an electronic bid or offer in compliance with instructions provided for 55 such submission in the advertisement for bids or offers and/or the spec- 56 ifications shall be the responsibility solely of each bidder or offererA. 1204 3 1 or prospective bidder or offerer. No political subdivision or district 2 therein shall incur any liability from delays of or interruptions in the 3 receiving device designated for the submission and receipt of electronic 4 bids and offers. 5 § 2. This act shall take effect immediately; provided that the amend- 6 ments to subdivision 1 of section 103 of the general municipal law made 7 by section one of this act shall not affect the expiration of such 8 subdivision and shall be deemed to expire therewith.